Minor Waiver — Red Rhino Tours

PARENT’S OR GUARDIAN’S ADDITIONAL WAIVER/INDEMNIFICATION

(Must be completed for participants under the age of 18)

I am the parent having legal custody or person having legal custody or guardian of the minor, who’s name was listed on the previous form (hereafter referred to as the “Minor”). For and in consideration of the Minor being permitted by Red Rhino Tours to participate in its trip/activities and to use its equipment and facilities (hereafter collectively referred to as “activities”), I hereby give my permission for Minor to participate in the exploration activities and further acknowledge and agree to the following on behalf of myself, the Minor, and the Minor’s parents/legal guardians, heirs and next of kin, legal and personal representatives, executors, administrators, successors and assigns:

1. Assumption of the Risk. Participation in exploration activities with Red Rhino Tours and use of its equipment and facilities is completely voluntary and for the Minor’s recreational enjoyment. Risks exist in the various activities offered by Red Rhino Tours, including but not limited to, personal property damage as well as the risk of illness, serious personal injury, disability or death. I assume all risks, including unforeseen risks.

2. Minor is bound by, and I agree to the terms of the Acknowledgment and Assumption of Risk, Release and Indemnification above and all its terms, including but not limited to conditions, limitations and waivers of liability, are which expressly incorporated herein.

3. I represent that the Minor is in good health and proper physical condition to participate in all activities and that the Minor is not, and will not be under the influence of any intoxicant, illicit or prescription drug which would in any way impair the Minor’s ability to safely participate in the activities. I agree that it is my sole responsibility to determine whether the Minor is sufficiently fit and healthy enough to participate in the activities, but will abide by the decisions of Red Rhino Tours should it determine that the Minor is unfit or otherwise unable to safely engage in the activities. I will be responsible for any charges incurred on account of the Minor.

4. LIABILITY WAIVER & RELEASE/INDEMNIFICATION. TO THE FULLEST EXTENT PERMITTED BY LAW, I WAIVE ALL CLAIMS AND FOREVER RELEASE RED RHINO TOURS FROM ANY CLAIM, DAMAGES, LIABILITIES, LOSSES, SUITS, COSTS AND EXPENSES INCLUDING ATTORNEY FEES, FOR PERSONAL INJURY TO THE MINOR OR ANY OTHER PERSON, OR LOSS OF ANY PROPERTY, ARISING FROM THE MINOR’S USE OF RED RHINO TOURS' FACILITIES AND EQUIPMENT OR THE MINOR’S PARTICIPATION IN ANY ACTIVITIES, INCLUDING CLAIMS ARISING FROM ANY ACTIVE OR PASSIVE NEGLIGENCE OF RED RHINO TOURS. I FURTHER AGREE TO HOLD HARMLESS AND INDEMNIFY RED RHINO TOURS AGAINST ALL THIRD PARTY CLAIMS, DAMAGES, LIABILITIES, LOSSES, SUITS, COSTS AND EXPENSES INCLUDING ATTORNEY FEES SUFFERED OR INCURRED BY RED RHINO TOURS AND ARISING FROM THE MINOR’S PARTICIPATION IN ANY ACTIVITIES OR USE OF RED RHINO TOURS' FACILITIES OR EQUIPMENT. THE WAIVER, RELEASE AND INDEMNITY PROVISIONS HEREIN ARE CONTINUING OBLIGATIONS AND ARE INTENDED TO BE AS BROAD, COMPREHENSIVE AND INCLUSIVE AS PERMITTED BY LAW.

5. The provisions in this Agreement shall be interpreted in such a way so as to render them valid whenever possible, and any ambiguity shall not be construed against Red Rhino Tours. If any part of this agreement is held invalid by a court or arbitrator having jurisdiction, the remainder shall continue in full force and effect.

I HEREBY WARRANT THAT I AM OF LEGAL AGE AND AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE MINOR, THAT I HAVE READ THIS AGREEMENT AND ALL REFERENCED/INCORPORATED AGREEMENTS CAREFULLY, UNDERSTAND THE TERMS AND CONDITIONS AND ACKNOWLEDGE THAT I WILL BE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY CHECKING THE BOX ON THE PREVIOUS FORM (INCLUDING THE RIGHTS OF THE MINOR, THE MINOR’S PARENTS/LEGAL GUARDIANS, HEIRS AND NEXT OF KIN AND OTHER PERSONS AND ENTITIES IDENTIFIED IN THE AGREEMENT ABOVE). I UNDERSTAND THAT I AM AGREEING TO LET THE MINOR ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY AND THAT EVEN IF RED RHINO TOURS USES REASONABLE CARE IN PROVIDING THE ACTIVITIES, THERE IS A CHANCE THE MINOR MAY BE INJURED OR KILLED BY PARTICIPATING. BY CHECKING THE BOX ON THE PREVIOUS FORM, I UNDERSTAND THAT THIS IS A BINDING CONTRACT THAT, AMONG OTHER THINGS, RELEASES RED RHINO TOURS FROM LIABILITY FOR ALL CLAIMS, CAUSES OF ACTION OR DEMANDS OF ANY KIND AND NATURE WHATSOEVER RELATED TO THE MINOR’S PARTICIPATION IN THIS ACTIVITY AND UNDERSTAND THAT I AM WAIVING ANY RIGHT THE MINOR MAY HAVE TO BRING AN ACTION AGAINST RED RHINO TOURS IN A COURT OF LAW OR ANY OTHER TRIBUNAL. YOU HAVE THE RIGHT TO REFUSE THIS AGREEMENT AND RED RHINO TOURS HAS THE RIGHT TO REFUSE TO LET THE MINOR PARTICIPATE IF YOU DO NOT APPROVE THIS FORM. I ACKNOWLEDGE THAT I HAVE CHECKED THE BOX ON THE PREVIOUS FORM FOR THIS AGREEMENT WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE, AND INTEND FOR MY APPROVAL TO SERVE AS CONFIRMATION OF MY COMPLETE AND UNCONDITIONAL ACCEPTANCE OF THE TERMS, CONDITIONS AND PROVISIONS OF THE AGREEMENT.