ASSUMPTION OF RISK & RELEASE AND INDEMNITY AGREEMENT

Participant please note:

In order to maintain an excellent safety record, it is imperative that participants and families are aware of the risks involved and that participants begin our programs mentally and physically prepared for the program. The following Assumption of Risk and Release and Indemnity Agreement is also an important resource tool designed to further help students and families understand and appreciate the risks we are exposed to, as well as the rules and regulations we have established to mitigate risk. Please read the following document carefully. Participants, please carefully note program rules. If you do not understand any of the following or if you have questions about protocols or rules that we have established to decrease our exposure to risk, please call Odyssey Institute.

ODYSSEY INSTITUTE: ACKNOWLEDGMENT AND ASSUMPTION OF RISKS & RELEASE AND INDEMNITY AGREEMENT

INTRODUCTION

This document informs you about your responsibilities and assumption of risks, and includes a release of liability, indemnification and surrender of certain legal rights.

Parent(s) or Legal Guardian(s) (hereafter collectively “Parent(s)”) of any participating minor (hereafter sometimes “minor” or “child”) shall sign this Agreement. “I”, “me” or other first person references shall include both the parent and the minor, unless the context requires otherwise. References to “participant” include both minor and adult participants.

I understand that Odyssey Institute contracts with individuals or organizations who are independent contractors (not employees or agents of Odyssey Institute) to conduct certain activities I may be engaging in. Although Odyssey Institute has made reasonable efforts to locate responsible contractors, these contractors work independently from Odyssey Institute. Odyssey Institute does not supervise or control these independent contractors and accepts no legal liability or responsibility for their conduct.

In consideration of the services of Odyssey Institute, its agents, owners, officers, employees, representatives, independent contractors and all other persons or entities associated with it, I agree as follows:

PART A: ACKNOWLEDGMENT AND ASSUMPTION OF RISKS

Engaging in Odyssey Institute educational and/or adventure activities in a foreign country involves certain risks. These activities vary, but may include hiking & backpacking, camping, sailing, climbing, kayaking, snorkeling, swimming & bicycling, horseback, or elephant riding, home or other construction service projects, independent study and work projects, and eating unique foods. Although Odyssey Institute has taken steps to provide participants with appropriate equipment and skilled staff so they can enjoy and learn from activities for which they may not be skilled, participants understand and acknowledge that there are risks, hazards and dangers associated with these activities. Some risks are inherent in these activities and cannot be eliminated or reduced. A variety of other risks also exist. These inherent and other risks, hazards and dangers can cause injury, property damage, illness, mental or emotional trauma, disability or death. I understand that Odyssey Institute does not want to frighten me or reduce my enthusiasm for these activities, but thinks it is important for me (and my parent(s), if I am a minor) to know in advance what to expect and to be informed of the risks. The following describes some, but not all of those risks, hazards and dangers:

Risks involved in physical activity: Odyssey Institute activities include a variety of both indoor and outdoor physical activities. These activities include running, boating/canoeing, sustained climbing or hiking, swimming, biking and horseback and elephant riding, home construction or other service projects, and can involve transporting weight, and lifting or moving arms and legs repetitively, both during the day and at night. These activities may occasionally be at high altitude.

Risks present in an outdoor or wilderness environment in a foreign country: These risks include travel in high altitude mountainous or wilderness terrain where trails or routes may not be groomed, maintained or controlled. While traveling in these areas, hazards may not be marked or visible and weather is potentially changeable, unpredictable and dangerous year around. In addition, lightning, rapidly moving rivers, creeks or other water bodies, flash floods, geothermal geysers or geo thermally heated (extremely hot) water, falling rocks, mudslide dangers, fallen timber, mine shafts, stinging insects, wild animals and other natural or man-made hazards and dangers can exist.

Risks associated with travel in a foreign country: Travel in foreign countries can involve unique and uncontrollable risks, such as political unrest, riots, contact with unusual diseases, exposure to contaminated food or water, and dangerous road or travel conditions.

Risks involved in riding animals: Animals, including without limitation horses, donkeys, or elephants are unpredictable and uncontrollable in all circumstances, whether participants are mounting, dismounting, saddling, feeding, riding, packing or otherwise dealing with animals in any way. Animals can react to the environment, and the conduct and actions of riders and other persons. Without warning, animals can kick, bite, stomp, stumble, rear, bolt, fall down, and react to sudden movements, noise, light, vehicles, other animals or objects. Riding animals can involve equipment that may break or otherwise fail, saddles or blankets that may slip and other riders who may not control their animals and cause a collision or other unpredictable consequences.

Risks in decision making: Odyssey Institute staff must make various judgments and decisions as they conduct educational and/or adventure activities in changing indoor and outdoor environments. These judgments and decisions are, by their nature, imprecise and subject to error. Consequently, there are risks involved in instructor decision making and conduct, including, without limitation, the risk that an Odyssey Institute representative may misjudge a participant’s capabilities, or misjudge weather, terrain, water level, river and/or terrain route location, or misjudge some aspect of medical treatment.

Risks in equipment use: Equipment used in an activity may break, fail or malfunction, despite reasonable maintenance and use.

Risks connected with geographic location: Odyssey Institute activities may take place in remote places, several hours or days from any medical facility, where communication and transportation are difficult and where evacuation and medical care may be delayed. In addition, traditional Western medical care is not always available.

Risks regarding conduct: Risks include the potential that the participant, or other participants or third parties (e.g. rescue squad, medical facility) may act carelessly, recklessly or generally fail to exercise care.

Risks associated with travel: Travel can be by vehicle, aircraft, train, tractor, bicycle, animal, boat, cart, foot, or other means and can be over rough, mountainous and unpredictable terrain or via lakes and rivers, in snow, sleet, rain or other adverse weather conditions.

Risks associated with free time: Participants, including participating minors, will have free time, before and after the beginning of a course, and at various other times while they are with Odyssey Institute. Throughout the course, during both supervised and unsupervised activities, all participants are responsible for their own safety.

Other risks, hazards and dangers that are generally associated with educational and/or adventure activities: These and other risks, hazards and dangers may result in participants: 1) falling, 2) being struck, 3) colliding with objects or people, 4) experiencing vehicle collision, 5) reacting to high altitudes, weather conditions or increased exertion, 6) suffering gastrointestinal complications or 7) experiencing other problems. These and other circumstances may cause dehydration, heat exhaustion, sunstroke, drowning, high altitude sickness, heart or lung complications, broken bones, high fever, concussions, wounds, or other injury or illness, mental trauma, disability or death.

I understand that the above description of risks is not complete and that other unknown or unanticipated risks, hazards and dangers may result in injury, damage, death or other loss. I acknowledge that participating in these activities may require a degree of skill and knowledge different from other activities and that I have responsibilities as a participant. I have accurately completed the Odyssey Institute application and medical information forms, and reviewed and understand all Odyssey Institute program information and materials received.

I have no mental or physical problems or limitations that might affect my ability to participate in Odyssey Institute activities which have not been disclosed to Odyssey Institute I represent I am fully capable of participating in these activities without causing harm to myself or others. I acknowledge that Odyssey Institute staff is, and have been available, should I have further questions about the nature and physical demands of these activities and the risks, hazards and dangers associated with these activities. I understand that the presence of Odyssey Institute personnel is no assurance of my safety or the lessening of any of these risks.

I understand that Odyssey Institute strongly recommends use of protective headgear for outdoor activities such as riding horses or other animals, bicycle riding, mountain climbing/rappelling, kayaking or sailing. I understand that use of protective headgear in these activities may prevent or lessen head injuries resulting from falling or being struck by objects (e.g. rock fall), and in some instances, prevent death or permanent injury. If I supply my own headgear for any activities, I understand I assume full responsibility for selecting adequate and appropriate headgear for the chosen activity. I (and in the case of minors, parent(s)) assume full responsibility for assuring protective headgear will be worn at all appropriate times. If I choose not to use headgear for any activities, I (and my Parent(s), if I am a minor) fully acknowledge the increased risks and understand I take full responsibility for myself in making this choice.

My participation in these activities is purely voluntary and I choose to participate in spite of and with knowledge of the risks. Therefore, I, and my Parent(s), if I am a minor, assume and accept full responsibility for me, for those risks identified here and for those risks not identified, and for injury, death, property loss or expenses suffered by me and them, resulting from those risks, and resulting from my own negligence.

PART B: RELEASE AND INDEMNITY AGREEMENT

Please read carefully. This Part B contains a Release and Indemnity Agreement and surrender of certain legal rights.

I, and if I am a minor, my Parent(s), for and on behalf of myself and my children, heirs, executors, administrators and representatives, agree to release, indemnify (“indemnify” meaning protect by reimbursement or payment) and defend Odyssey Institute, with respect to all claims, liabilities, losses, suits or expenses (including costs and reasonable attorney fees), arising out of any injury, damage, death or other loss in any way connected with my or my child’s enrollment or participation in Odyssey Institute activities or use of Odyssey Institute equipment or facilities. I understand I agree here to waive all claims I may have against Odyssey Institute and agree that neither I, nor anyone acting on my behalf, will make a claim or file a lawsuit of any kind against Odyssey Institute, as a result of any injury, damage, death or other loss suffered by me or my child. This agreement includes any losses claimed to be caused, in whole or in part, by the negligence of Odyssey Institute (but not its gross negligence or reckless misconduct).

CONCLUSION

I agree that this, and all other aspects of my relationship with Odyssey Institute are governed by Indonesian law. Further, any mediation, suit or other proceeding arising out of or relating to my enrollment or participation in Odyssey Institute activities, must be filed exclusively in the Indonesia, and Indonesian law shall apply. I agree to attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable mediator. I also agree that if I, my child, or someone on my or my child’s behalf, assert(s) a claim or file(s) a suit against Odyssey Institute, or if Odyssey Institute files suit against me or my child, I (or my estate) will pay all costs and attorneys’ fees incurred by Odyssey Institute in defending or prosecuting that claim or suit if the claim or suit is withdrawn or dismissed, if judgment is found in favor of Odyssey Institute, or, to the extent a court determines that Odyssey Institute is not responsible for an injury or loss.

I authorize Odyssey Institute personnel to obtain or provide medical care for me/my child, or to transport me/my child to a medical facility. I further authorize Odyssey Institute staff or other medical personnel to render such treatment they deem necessary for my/my child’s health. I agree that Odyssey Institute has no responsibility for medical care provided to me/my child, and I agree to pay all costs associated with Risks connected with geographic location: Odyssey Institute activities may take place in remote places, several hours or days from any medical facility, where communication and transportation are difficult and where evacuation and medical care may be delayed. In addition, traditional Western medical care is not always available.

Risks regarding conduct: Risks include the potential that the participant, or other participants or third parties (e.g. rescue squad, medical facility) may act carelessly, recklessly or generally fail to exercise care.

Risks associated with travel: Travel can be by vehicle, aircraft, train, tractor, bicycle, animal, boat, cart, foot, or other means and can be over rough, mountainous and unpredictable terrain or via lakes and rivers, in snow, sleet, rain or other adverse weather conditions.

Risks associated with free time: Participants, including participating minors, will have free time, before and after the beginning of a course, and at various other times while they are with Odyssey Institute. Throughout the course, during both supervised and unsupervised activities, all participants are responsible for their own safety.

Other risks, hazards and dangers that are generally associated with educational and/or adventure activities: These and other risks, hazards and dangers may result in participants: 1) falling, 2) being struck, 3) colliding with objects or people, 4) experiencing vehicle collision, 5) reacting to high altitudes, weather conditions or increased exertion, 6) suffering gastrointestinal complications or 7) experiencing other problems. These and other circumstances may cause dehydration, heat exhaustion, sunstroke, drowning, high altitude sickness, heart or lung complications, broken bones, high fever, concussions, wounds, or other injury or illness, mental trauma, disability or death.

I understand that the above description of risks is not complete and that other unknown or unanticipated risks, hazards and dangers may result in injury, damage, death or other loss. I acknowledge that participating in these activities may require a degree of skill and knowledge different from other activities and that I have responsibilities as a participant. I have accurately completed the Odyssey Institute application and medical information forms, and reviewed and understand all Odyssey Institute program information and materials received.

I have no mental or physical problems or limitations that might affect my ability to participate in Odyssey Institute activities which have not been disclosed to Odyssey Institute I represent I am fully capable of participating in these activities without causing harm to myself or others. I acknowledge that Odyssey Institute staff is, and have been available, should I have further questions about the nature and physical demands of these activities and the risks, hazards and dangers associated with these activities. I understand that the presence of Odyssey Institute personnel is no assurance of my safety or the lessening of any of these risks.

I understand that Odyssey Institute strongly recommends use of protective headgear for outdoor activities such as riding horses or other animals, bicycle riding, mountain climbing/rappelling, kayaking or sailing. I understand that use of protective headgear in these activities may prevent or lessen head injuries

such care and transportation. I, and my Parent(s), if I am a minor, acknowledge and understand that body alteration including tattoos and pierces, coupling, and use of drugs or alcohol is grounds for immediate dismissal from the program.

I, and my Parent(s), if I am a minor, acknowledge that if I am dismissed or depart early from the program, I (and my family) are responsible for any and all costs of early departure whether for medical reasons or otherwise. These costs include, but may not be limited to plane, train or bus fare and meals or accommodations. Participants and their families further acknowledge that they assume responsibility for the costs of any medical evacuation

Photo Release: I authorize Odyssey Institute, and/or parties designated by Odyssey Institute, to use my or my child’s photo or group journal entries for sale or reproduction in any manner Odyssey Institute desires, for advertising, display, educational, audiovisual, exhibition or editorial use. Any portion of this Document deemed unlawful or unenforceable shall not affect the remaining provisions of this Document, and those remaining provisions shall continue in full force and effect.

Parent(s) or Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they are subject to all the terms of this Document, as set forth above. If I have a participating minor, I understand my signature here includes my agreement, per the terms of Part B of this Document, to release any claims I may have against Odyssey Institute (including any right to assert claims on my child’s behalf), as a result of any injury, damage, death or other loss suffered by my child, and to defend and indemnify (reimburse) Odyssey Institute should my child, someone on the child’s behalf, a member of the child’s family or a co-participant or third party, bring a claim against Odyssey Institute, in any way connected with my child’s enrollment or participation in Odyssey Institute activities or use of Odyssey Institute equipment or facilities.