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Eleven Colorado

Assumption of Risk, Release of Liability, and Indemnity Agreement

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

PLEASE SCROLL DOWN TO DIGITALLY SIGN


The purpose of this Agreement is to exempt, waive, and release Released Parties from any and all liability for wrongful death, personal injury, and property damage, including, but not limited to liability arising from the negligence of Released Parties; and transfer the risk of loss arising out of the participation in the Activities to the Participant or person executing this Agreement.

“Released Parties” mean Irwin Backcountry Guides, LLC; Scarp Ridge, LLC; Ruby Peak, LLC; Little Minnie, LLC; Robinson Basin, LLC; Crested Butte Club, LLC; 330 Belleview LLC; CS Irwin, LLC; Wilderness Machines LLC; Scarp Ridge Propco, LLC; GCE Retail LLC, Axtell LLC, CS Irwin Holdings, LLC, Justice LLC, Taylor River Canyon LLC, or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, assignees, officers, directors, members, and shareholders including, without limitation, the owners of land crossed for access to skiing or riding, or on which Participant skis or rides, and all sales representatives, agents, booking agents and any third parties, Released Parties and/or their affiliates that accept, facilitate or process bookings, reservations, confirmations, deposits and/or payments in connection with any Activities including, without limitation, CS Irwin, LLC.

“Activity” and “Activities” mean taking part in any activity or excursion offered or arranged by Released Parties, including, but not limited to, skiing or boarding, climbing, mountaineering, hut trips, cross-country skiing, sledding, tubing, snowmobiling, an avalanche course, boating, paddling, rafting, fishing, kite boarding, shooting, archery, axe throwing, biking, and/or ATV use; or using the equipment of Released Parties; and/or using the aircraft, vehicles, facilities, amenities, property, premises and permit area of Released Parties for any purpose.

“Me”, “Myself”, and “I”, means the adult, being at least 18 years old, who is accepting these terms on behalf of Myself and, if applicable, on behalf of a minor. “Minor” means the minor Participant. The person actually taking part in the activity is referred to as “Participant”.

In consideration of being allowed to participate in the Activities, on behalf of Myself and all other Participants, I agree as follows:

1. Dangers and Risks: Participating in the Activity is hazardous and involves the risk of physical injury or death. The dangers and risks of the Activities include, but are not limited to: falling; slick or uneven surfaces; surface and subsurface snow conditions; avalanches; cornices; moguls; jumps; ice; variations in terrain; design and condition of man-made facilities; terrain features; downed timber and other forest growth; tree stumps and wells; rocks and debris; marked and unmarked obstacles; collisions; equipment defects, failure, malfunction, or misuse; collisions or encounters with snowmobiles, snowcats and/or other motor vehicles; adverse weather; aircraft accidents; becoming lost or separated; travel to and from Activity; changing water conditions; currents; rapids; cold water immersion; hidden underwater obstacles; trees or other above water obstacles; drowning; weather; communicable disease; and/or limited access to and/or delay of medical attention. I acknowledge that the description of the dangers and risks listed above is not complete and that participating in the Activity may be dangerous and may include other risks, including, but not limited to the acts, omissions, representations, carelessness, and negligence of Released Parties. I further acknowledge that no life guards are on duty at swimming facilities, spas, and hot-tubs.

2. Release and Indemnification:By signing this Agreement, I, on my own behalf and, if applicable, on behalf of Minor Participant(s), acknowledge the risks and dangers associated with the Activities and agree to (1) assume any and all risks of injury or death to Participant resulting from participation in any Activity; (2) waive, release, and not sue or file any actions or claims against Released Parties that are based on, arise or result from, in whole or in part, participation in any Activities, including, but not limited to negligence and premises liability claims; (3) indemnify, defend, and hold harmless the Released Parties from and against any liability or damage of any kind and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity.

3. No Third-Party Liability: Released Parties may arrange travel, lodging, activities and/or excursions which are not directly supplied or offered by them. Released Parties maintain no control over the third-parties that supply or offer such travel, lodging, activities and/or excursions. Undersigned agree that Released Parties shall not be liable for any loss caused by such third-parties, including losses caused by the breach of contract, breach of warranty, or negligence of such third-parties that supply or offer travel, lodging, activities and/or excursions to Participant.

4. Duties of Participant: Participant assumes the responsibility of maintaining control at all times while engaging in the Activity. Participant is responsible for understanding and complying with all signs and instructions. I represent that Participant is in good health and that there are no special problems associated with Participant’s physical or mental condition.

5. Helmets: Irwin Backcountry Guides recommends the use of helmets while participating skiing and/or boarding. I understand and agree that a helmet IS IN NO WAY A GUARANTEE OF SAFETY and that no helmet can protect the wearer against all foreseeable impacts to the head, and that the Activity and other ELEVEN COLORADO Assumption of Risk, Release of Liability, and Indemnity Agreement PLEASE READ THIS AGREEMENT CAREFULLY. YOU ARE FREE NOT TO PARTICIPATE AND NOT TO SIGN. BY SIGNING, IN EXCHANGE FOR BEING ALLOWED TO PARTICIPATE, YOU ARE ASSUMING RISKS AND GIVING UP CERTAIN RIGHTS related activities can expose the user to forces that exceed the limits of protection provided by this helmet.

6. Media Release: I grant Released Parties the absolute and irrevocable worldwide right, license and permission, without any additional cost, to use Participant’s name, likeness, image, voice, and audio footage or film (collectively referred to as “Media”) obtained during Participant’s participation in the Activity. I agree that all right, title, interest and ownership, including copyright, in and to any tangible work in any Media containing Participant’s image so obtained shall be owned exclusively by Released Parties. I understand and agree that as owner of any such Media, Released Parties shall have the exclusive right to exercise all rights granted under copyright protection relative to the Media. Finally, I release Released Parties from any and all claims and demands arising out of or in connection with the use of such Media

7. Medical Care:I authorize the Released Parties to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in their opinion, medical attention is needed. I agree to pay all costs associated with such medical care and related transportation.

8. Acknowledgment:By accepting this Agreement on behalf of any Participants other than Myself, I am representing under penalty of fraud that I am entitled to execute this Agreement as either the parent or legal guardian of the Participant and that by doing so, I am agreeing to be personally responsible for any claims brought by any other Participant, should they refuse to accept the terms of this Agreement.

9. Miscellaneous:I further agree and understand: (a) Participant shall comply with all applicable laws, statutes, regulations and ordinances, including those governing the sale, purchase, and consumption of liquor, wine, beer, and all other alcohol beverages; (b) this Agreement shall be governed by the laws of the State of Colorado, and the exclusive jurisdiction for any claim shall be in the state courts located in Gunnison County, Colorado; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) this Agreement shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. This Agreement will apply for every day a Participant engages in any Activity without requiring Me or Participant to sign an additional Agreement for each day, season, or year, until a new release of liability and waiver of legal rights is executed by or on behalf of Me or Participant, or I revoke it in writing and that writing is accepted in writing, signed by the Released Parties’ authorized representative; (e) the Agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of Me and/or the Participant(s); and (f) no part of the fee for this activity is being paid to Crested Butte Land Trust (CBLT); CBLT is permitting the described activity to occur on CBLT lands free of charge.

May 9, 2025

I HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS AND ACCEPT IT, ON BEHALF OF MYSELF AND PARTICIPANT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE BY SIGNING BELOW AND/OR I ACCEPT IT BY ENGAGING IN THE ACTIVITIES.


First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information
Helmet Use DECLINED
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
Helmet Use DECLINED
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
Helmet Use DECLINED
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
Helmet Use DECLINED
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
Helmet Use DECLINED
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
Helmet Use DECLINED
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information
Helmet Use DECLINED
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
Helmet Use DECLINED
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
Helmet Use DECLINED
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
Helmet Use DECLINED
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

Email
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Helmet Use
Do you agree to wear a helmet during the activity*
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.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information
Helmet Use DECLINED
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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