Consent, Waiver & Release of Liability Waiver and Medical Consent

PARTICIPANT AGREES [individually and for participating child(ren)]:

1. All events and associated activities sponsored or conducted by Shining Stars Foundation, a Colorado non-profit corporation (“Shining Stars” or “SSF”) are intended to benefit the children invited to participate in the events, as well as their parents/guardian and families, and are made possible by the gifts and efforts of others, including the foundation volunteers. The purpose of these events is to provide enjoyment and entertainment for the participating children and their families. The welfare of each child is our number one priority. Therefore, to promote the intended benefits for all, the following rules of conduct shall be observed by all participants, their parents/guardians, family members and others who may be in attendance at all events and related activities:

All adult participants agree to provide positive support and participate in all group activities, so all involved may benefit and share in this special time with the children.
All participants shall conduct themselves in a safe manner that is respectful of others and promotes a good example for all.
There shall be no discrimination based on race, color, national origin, religion or sexual orientation.
The activities involve minors, therefore the use of illegal drugs, misuse of legal drugs (including medical marijuana) and alcohol, inappropriate behavior, and/or unbecoming conduct will not be tolerated.
Anyone attending any event or related activity who violates any of these rules of conduct forfeits their right to continue to participate, agrees to immediately leave the event or activity when requested or directed, and loses all privileges and benefits extended to participate in the program.

RELEASE OF LIABILITY AND ASSUMPTION OF RISK

In consideration for being permitted to participate in the activities described above, the undersigned by and for themselves and, if applicable, for the child(ren) they represent, hereby assumes all risks and hereby releases in advance and hold harmless and discharge SSF, all SSF affiliated organizations, individuals and entities, designated beneficiaries, sponsors, first-aid volunteers, other volunteers, officials, doctors, nurses, THE ASPEN SKIING COMPANY, LLC, participating communities, organizations, and all of their respective parents and guardians, subsidiaries, officers, directors, agents, employees, volunteers and members from any liability and I hereby waive my, and my participating child’s, rights with respect to any and all claims for damages for permanent trauma, disease, death, personal injury or property damage, including but not limited to medical bills, lost wages, pain and suffering, loss of consortium, emotional distress, attorney fees and court costs, which I, or, if applicable, my participating child, may have, or which may hereafter accrue to me as a result of my, or, if applicable, my participating child’s, participation in any of the above described activities, even though this liability may arise through no fault of my own, or from the negligence or carelessness on the part of the persons or entities being released, from dangerous or defective property or equipment owned, maintained or controlled by them or because of their possible liability without fault. SSF is not disclaiming any liability which by law may not be disclaimed. I acknowledge and agree that this Agreement is continuing for the entire duration of my, and, if applicable, my participating child’s, involvement with SSF, and for each and every event or activity of SSF in which I, or, if applicable, my participating child, may participate.

In addition, I have given my permission for my child to fly to and from Colorado on his/her own to participate in Shining Stars Winter Games in Aspen, CO. This Consent, Waiver and Release of Liability shall also specifically apply to the period during which the child is traveling to and from Aspen.

ACKNOWLEDGMENT OF EFFECT OF THIS CONSENT, WAIVER, AND RELEASE OF LIABILITY

I understand and acknowledge that by signing this document, I, for myself and, if applicable, for my participating child, have given up certain legal rights or possible claims which I and, if applicable, my participating child might otherwise be entitled to assert or maintain against Shining Stars Foundation, THE ASPEN SKIING COMPANY, LLC, its agents, successors, parents, subsidiaries, officers, directors, employees, volunteers, and members, doctors, nurses, and other persons and entities who provide a venue for an event and/or program services, including specifically, but not limited to, claims of negligence in any degree of Shining Stars Foundation, THE ASPEN SKIING COMPANY, LLC, or their agents, successors, parents, subsidiaries, officers, directors, employees and members, doctors, nurses, first aid volunteers, other volunteers, and other persons and entities who provide a venue for an event and/or program services.

CONSENT TO USE OF IMAGE
RELEASE OF COPYRIGHT

I consent to allow the SSF and its licensees to use my, and my child(ren)’s (participating child or not) name, photograph, image, video, voice or likeness in any media format worldwide in connection with SSF and I waive any rights of privacy and/or publicity or compensation that I or my children may have in connection therewith.

Other than images or video of my children, if I take images or video of any other persons, I hereby release to SSF the copyright of same, and agree not to use them for any purpose nor to post such images or video to any websites, social, or other media, including but not limited to Facebook, Instagram or Flickr. There is no restriction on use of such images and video for personal (self or family) enjoyment, or if SSF has given prior written approval to any use restricted herein.

SEVERABILITY OF TERMS AND CONDITIONS

I understand that, in the event that any one or more of the provisions contained in this Consent, Waiver and Releaseof Liability shall, for any reason, be held to be invalid, void, illegal or unenforceable in any respect, such invalidity, voidness, illegality or unenforceability shall not affect any other provision of this Consent, Waiver and Release of Liability, and the remaining portions shall remain in full force.

NO GUARANTEES; ENTIRE AGREEMENT; RULES AND REGULATIONS

There are no guarantees as to the safety of the described activities. I understand that this is the entire Agreement between myself and Shining Stars Foundation, and that this Agreement cannot be modified or changed in any way by the representations or statements of any agent, employee, director or officer of Shining Stars Foundation, or by me.

Participant agrees to fully comply with any additional rules and regulations that may be adopted or given by SSF and /or the Aspen Skiing Company, LLC.

PARENT OR GUARDIAN REPRESENTATION

If a participating child or children are named above, I hereby represent and guarantee that I am the parent or legal guardian of said child or children, and that I have full authority to enter into this Agreement on behalf of said child or children. I hereby personally indemnify SSF, The Aspen Skiing Company, LLC and any other entity or person relying thereon for any and all claims and expenses arising from this Representation.

HIPAA AUTHORIZATION AND RELEASE

I, for myself and my children, hereby authorize SSF to access health info and disclose same to anyone who SSF believes should have access to same on account of medical issues.

MEDICAL CONSENT

The undersigned hereby consents to allow the Shining Stars to seek, obtain or provide emergency or other medical, surgical or health treatment for the named child, to be obtained by a physician, dentist, EMT or other medical personnel at such facilities as Shining Stars shall determine, in the event it becomes necessary in Shining Stars’ judgment, to have such medical treatment provided to such child while such child is participating in any of the Shining Stars’ events or activities.

IN THE EVENT OF INFECTIOUS ILLNESS

By signing this document, as a parent or legal guardian of a child in attendance at a Shining Stars Foundation event, as soon as I am notified by the Foundation that my child has been diagnosed with INFLUENZA, COVID-19, or other serious infectious disease I agree to pick up my child, at that time assume full responsibility for the care of my child and supervise the transport of my child home.

I HAVE CAREFULLY READ THIS CONSENT, WAIVER AND RELEASE OF LIABILITY, AND FULLY UNDERSTAND ITS CONTENTS. I enter into this contract of my own free will and I understand and agree that this Agreement is binding on me, my children, and our heirs, assigns, and legal representatives. This Agreement shall be construed under the laws of the State of Colorado, and any litigation arising hereunder shall be brought in the District Courts of the State of Colorado.

This agreement shall be effective for as long as participant is participating in any SSF programs or events now or in the future.

First Participant's Name

First Name*

Last Name*

Phone*

First Participant's Date of Birth*

First Participant's Signature*

Second Participant's Name

First Name*

Last Name*

Second Participant's Date of Birth*

Third Participant's Name

First Name*

Last Name*

Third Participant's Date of Birth*

Fourth Participant's Name

First Name*

Last Name*

Fourth Participant's Date of Birth*

Fifth Participant's Name

First Name*

Last Name*

Fifth Participant's Date of Birth*

Sixth Participant's Name

First Name*

Last Name*

Sixth Participant's Date of Birth*

Seventh Participant's Name

First Name*

Last Name*

Seventh Participant's Date of Birth*

Eighth Participant's Name

First Name*

Last Name*

Eighth Participant's Date of Birth*

Ninth Participant's Name

First Name*

Last Name*

Ninth Participant's Date of Birth*

Tenth Participant's Name

First Name*

Last Name*

Tenth Participant's Date of Birth*

11 Participant's Name

First Name*

Last Name*

11 Participant's Date of Birth*

Participant's Address

Address Line 1:*

Street address, P.O. box, company name, c/o

Address Line 2:

Apartment, suite, unit, building, floor, etc.

Country:*

City:*

State/Province:*

Zip/Postal:*

Parent or Guardian's Email Address

A signed copy of this waiver will be sent to the email address you provide.

Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*

Parent or Guardian's Date of Birth*

Parent or Guardian's Signature

Electronic Signature Consent*

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

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Agree To This Document