Participation Agreement

I have carefully read the terms and conditions stated in this Participation Agreement (the “Agreement”). In consideration for the right to participate in the karibu adventures itinerary (the “Program), I agree as follows. In this Agreement, karibu adventures includes karibu adventures Inc. and all its officers, directors, agents, employees, contractors, guides and contract personnel.

STATEMENT OF UNDERSTANDING

Although karibu adventures has made reasonable efforts to assure my safety while participating in the Program and activities offered as a part of the Program, I understand that there are certain risks, dangers, and hazards that are inherent to participation in the Program. These include, but are not limited to, physical and mental fatigue; slips, falls, and collisions; encounters with wild animals and varied terrain; altitude-related illness; changing weather conditions; acts or omissions of the public or other Program participants; accident or illness in remote areas without the possibility of immediate evacuation or availability of medical supplies or facilities; and accidents occurring during travel associated with the Program. Encountering these risks, dangers, and hazards could result in physical injuries, death or damage to personal property (collectively, “Injury”). I understand and acknowledge that it is impossible for karibu adventures to list in this Agreement every inherent risk, danger, or hazard associated with participating in the Program. I understand and appreciate, however, that I may encounter these, and other inherent risks, dangers, and hazards not specifically listed in this Agreement at any time during the Program. I also understand that the Program may include free time without an activity scheduled as part of the Program (“Free Time”). All activities not included in the Program in Free Time (including when I choose not to participate in any portion of the Program) are undertaken solely at my own risk and karibu adventures is not liable or responsible for any Injury I may suffer related thereto.

ASSUMPTION OF RISK

I accept and assume all of the risks, dangers, and hazards associated with participating in the Program, whether known or unknown, including those specifically identified above and any Injury. I am voluntarily participating in the Program with knowledge of the dangers involved. I therefore release and discharge karibu adventures from liability for Injury, and any of the consequences thereof, arising from my participation in the Program. I enter into this release of liability on behalf of myself, and those members of my party who are under 18. I certify that I am the parent or guardian of any such minors.

COVID-19

As a traveler during the COVID-19 Pandemic, I am aware that COVID-19 is a deadly and highly transmissible disease, and that its associated virus is transmitted primarily through personal contact. I am further aware that I could be an unwitting carrier of the disease and transmit it to others in my vicinity, even if precautions are taken. I agree to follow all COVID-19 health and safety protocols and policies implemented by karibu adventures, at all times during my travels, including karibu adventures policies related to the COVID-19 vaccine and testing, as well as the applicable protocols, policies, laws, rules, regulations and mandates promulgated by any local or national jurisdiction that I will travel to as part of the Program.

I hereby acknowledge and accept the risk posed to my person and to third parties associated with travelling during the continuing COVID-19 pandemic, and I waive any claim I may have against karibu adventures and release karibu adventures from any and all claims that may vest in myself or my estate, and which arise out of my travel with karibu adventures, in relation to the COVID-19 pandemic, including, but not limited to, my infection or transmission of the disease. I waive any claim or defense I may otherwise have related to any harm or damages caused by, related to, or arising out of the provision of true or false information related to my vaccination or testing status, and shall indemnify and hereby release karibu adventures, from any and all claims that may arise out of the same. I waive any claim or defense I may otherwise have related to any harm or damages caused by, related to, or arising out of applicable COVID-19 health and safety policies, protocols, laws, rules, regulations and mandates promulgated by karibu adventures, any local or national government, or any third party vendor in association with karibu adventures, and shall indemnify and hereby release karibu adventures from any and all claims that may arise out of the same.

I acknowledge that rates of COVID-19 infection may be higher, and rates of vaccination may be lower at the locations of my Program than in my home state or country, and that the sophistication and availability of therapies, medical practitioners and hospital beds for treatment of COVID-19 may be significantly impaired, and that laws, regulations, customs and policies related to COVID-19 in the destinations and premises where I will travel on Program may be different than in my home country or state.

RESPONSIBILITY FOR CONDUCT and WAIVER

I accept and assume responsibility for my own negligent or reckless conduct while participating in the Program (including any circumstance resulting in my becoming lost or if I should enter into any area designated by the Program guides or local law as unsafe or off-limits). I understand and acknowledge that (i) karibu adventures Inc. accepts and assumes responsibility only for its own grossly negligent or reckless conduct and not that of any other person or supplier; and (ii) karibu adventures has advised me to purchase trip insurance. I acknowledge that karibu adventures can cancel my trip at any time at my expense if I do not adhere to the on-Program guides’ instructions or if I behave on Program in a manner that could affect the health, safety or wellbeing of others on the trip.

I assume responsibility for, and will pay, all medical expenses arising from or associated with my participation in the Program. I represent and warrant to karibu adventures that: (i) I fully understand the physical requirements of my participation in the Program including its associated and included activities; (ii) I am in active good health and physically, mentally and emotionally fit and able to participate in the Program, including its associated and included activities. I acknowledge that karibu adventures expressly relies on my representations and warranties herein and that no disclosure by me of any condition, ailment, disability or other personal information shall modify or limit the extent of my waiver, release, acknowledgement and assumption of risk herein.

I accept that although karibu adventures endeavours to choose appropriate independent suppliers to provide services on the Program, karibu adventures has no right to control their operations and therefore makes travel arrangements for the Program on the condition that karibu adventures will not be liable for any negligent or wilful act or omission of any independent supplier, or any other unrelated third party. I acknowledge that the services provided by the independent suppliers are subject to the laws of the place where the services are provided, and any conditions imposed by those suppliers. The liability of the independent suppliers may be limited by their tariffs, conditions of carriage, tickets or vouchers or international conventions or agreements.

I acknowledge that the cost of the Program is based on my executing this Agreement. In consideration for karibu adventures accepting me in the Program I agree that I will not sue karibu adventures, in respect of, and I hereby forever release karibu adventures from, all liability for economic loss and physical or mental injury, direct or indirect, arising in connection with the Program or my use of the equipment provided to me in connection with the Program —including without limitation: the effects of COVID-19; permanent disability or death; any emotional distress; any loss of services, financial support, aid consortium or companionship; and any damage to or loss of property—in each case, even if caused, in whole or in part, by the conduct, including the negligence, of karibu adventures; except where such loss, injury or damage is caused by reckless or fraudulent conduct on the part of karibu adventures Inc. or its employees, guides, shareholders, officers or directors, in which case I may sue only karibu adventures Inc. in respect of that conduct.

I further agree that I will indemnify karibu adventures in respect of any claims for loss, injury or damage made by: i) my family members, dependents or heirs, or ii) third parties, which I, my estate, my family members or dependents have sued if damages are recovered from such third parties to the extent the third party claims and obtains complete or partial indemnification from karibu adventures; except where the loss, injury or damage is caused by the reckless or fraudulent conduct on the part of karibu adventures Inc. or its employees, guides, shareholders, officers or directors.

FITNESS TO PARTICIPATE

I have reviewed the Program itinerary/description and have sought and obtained any further clarification that may have been required to ascertain the physical and mental requirements for completing the Program and I confirm that I meet those requirements. I will notify karibu adventures immediately if that situation should change either prior to or at any time during the Program. karibu adventures may cancel my Program at any time or exclude me from any activity if it becomes apparent in the reasonable discretion of karibu adventures, its guides, or any contractor responsible for providing any aspects of a Program or activity, at any time prior to or during the Program or activity, that I am likely to be unable to complete the Program activity without undue risk to the health, safety or wellbeing of myself or others. karibu adventures recommends that I consult with a physician before participating in the Program. It is my own responsibility to determine whether the Program is suitable for me.

EQUIPMENT

karibu adventures may provide me with equipment for my use during the Program. karibu adventures checks this equipment before each tour; however, I am responsible for checking the equipment upon receipt, as well as alerting Program guides of any change in the condition of the equipment that may occur during my use. I understand that I am in exclusive control of any such equipment once karibu adventures provides it to me. I acknowledge that I have read the gear list, I agree to adhere to the recommendations of karibu adventures and equipment providers, and I will carry or wear what is suggested by the Program guides throughout the trip and during any activity.

CONSENT TO FIRST AID

I consent, should the need arise, for my karibu adventures guide to administer first aid to me and any minors travelling with me. I fully release, indemnify and hold harmless karibu adventures from any and all actions, and any and all claims, for damages whatsoever which may hereafter arise as a result of any first aid, treatment in response to a set of signs or symptoms or the administration of any medication in response to a medical, implied consent or emergency situation that involves myself or any minors travelling with me.

HEALTH & SAFETY

I agree to adhere to karibu adventures’ health and safety measures. I also agree to disclose to karibu adventures any pre- existing medical condition and/or physical or mental condition, disability or injury.

PHOTOGRAPHS AND FILMING

I acknowledge that while on Program, my fellow travellers, guides and karibu adventures contract personnel may take photographic or digital video and still images that may include my image or likeness (the “Images”). I hereby grant to karibu adventures a perpetual, worldwide, royalty-free license to use, copy, publish, distribute, sublicense, broadcast and post online the Images for any purpose including in connection with the promotion, advertisement and public description of the Program and karibu adventures.

PROGRAM CHANGES

karibu adventures strives to maintain the Program as originally advertised. On occasion, conditions beyond the control of karibu adventures may necessitate changes, modifications, or alterations to the Program’s itinerary; the substitution of accommodations; or the omission or substitution of specific advertised activities. karibu adventures may make such decisions in its sole discretion and is not responsible or liable for any expenses or losses that may result from those decisions. karibu adventures may exclude or restrict my participation in any activity associated with the Program in the event it determines that participation may affect, impede, or endanger my welfare, or the welfare or enjoyment of another participant or guide. karibu adventures is not liable for any losses or costs as a result of my exclusion or restriction from participating in any activity.

TRIP RESERVATION AND DETAILS

My payment of the required reservation fee and signature on this Agreement constitutes consent to all the provisions of this Agreement and of the “Trip Reservation and Details” information and itinerary. karibu adventures makes no warranty or representation and there are no terms and conditions regarding the Program other than those specifically stated in this Agreement. This Agreement and constitutes the entire agreement between karibu adventures and me with respect to the subject matter hereof ant thereof.

GOVERNING LAW, JURISDICTION and ENUREMENT

This Agreement shall be governed, construed and enforced in accordance with the laws of Alberta, Canada. Any litigation involving the parties to this Agreement shall be brought solely within the Province of Alberta and shall be within the exclusive jurisdiction of the Courts of the Province of Alberta. This Agreement shall be effective and binding upon the parties as well as my heirs, next of kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity.

PRIVACY

karibu adventures acknowledges the privacy and data protection obligations it owes to its guests under the EU General Data Protection Regulation (“GDPR”), effective 25 May 2018. These updated obligations are expressed in karibu adventures’ Privacy Policy.

I HAVE READ AND UNDERSTAND THIS AGREEMENT.

I am aware that by checking the box I am waiving certain legal rights which I may have against karibu adventures.