I, the below-named Participant, hereby acknowledge that I have voluntarily chosen to participate in the activities offered by Colorado Adventure Guides ("CAG", or “OUTFITTER”) including, but not limited to, games and exercises of all kinds used for teambuilding as well as Colorado Adventure Guides’ athletic offers such as snowshoeing, cross-country skiing, telemark skiing, hiking, backpacking, cycling, mountain biking, bouldering, rock climbing, mountaineering, orienteering and/or scavenger hunts involving technical athletic equipment and/or activities and services provided by JTI Adventures, Inc., dba Colorado Adventure Guides. Furthermore, I hereby acknowledge, understand and agree to the following:
1. The risk of injury from the above-described activities is significant and is also inherent in those activities. Those risks include, but are not limited to, the potential for injuries creating paraplegia, quadraplegia and death. While particular skills, equipment and personal discipline may reduce this risk, the risk of serious injury or death exists regardless. I fully understand and assume these risks, including but not limited to, injuries resulting from loss of control, collisions and/or impact with obstacles, whether or not they are obvious. I also understand that bicycles, snowshoes, skis, harnesses, and all other equipment, irrespective of regular maintenance, stand the chance of malfunction, which is an inherent risk to be assumed by each participant in the aforementioned activities, and I agree to assume that risk.
2. I understand that I may encounter variations in terrain and weather that are my responsibility, and I assume these risks including but not limited to those risks associated with all creeks, water bridges, traveled and un-traveled roads, marked and unmarked trails, wild animals, stumps, forest growth, debris, rocks, cliffs, Acts of God and other obstacles whether they are obvious or not, man-made or natural. I understand and agree that any route or activity, chosen as a part of the sport in which I am participating may not be the safest but has or will be chosen for its interest, challenge, or with the intention of best meeting the goals of the services for which CAG was contracted.
3. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, that are the direct and indirect result of my participation in CAG programming, EVEN IF SUCH RISKS AND INJURIES ARISE FROM THE NEGLIGENCE OF CAG, officers, shareholders, managers, officials, agents and/or employees (collectively “Releasees”), and I assume full responsibility for my participation.
4. I agree to follow the directions of CAG staff and also to remain aware of my surroundings at all time. If I observe any unusual or significant hazard during my participation, I will remove myself from participation and immediately bring the same to the attention of CAG staff.
5. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS Releasees, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises or equipment used for the activity (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property associated with my presence or participation, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law.
6. I understand and agree that any bodily injury, death or loss of personal property as well as any costs, expenses or fees resulting therefrom or associated therewith are my responsibility. I also understand that I am solely responsible for any and all bodily injury, death or loss of property as well as any and all expenses associated with traveling to, from, or between any scheduled or spontaneous activities related to offerings by Outfitter, whether or not such transportation is provide by me or by any Releasees.
7. I understand that the activities in which I am participating may be photographed or otherwise recorded solely for Releasees’ promotional purposes.
AS LAWFUL CONSIDERATION FOR BEING PERMITTED BY OUTFITTER TO PARTICIPATE IN THE ACTIVITIES OFFERED BY OUTFITTER, I DO HEREBY RELEASE FROM ANY LEGAL LIABILITY AND AGREE NOT TO SUE AND NOT TO CLAIM AGAINST, ATTACH THE PROPERTY OF OR ANY WAY PERSECUTE OUTFITTER, AND FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASEES, JEFFERSON COUNTY OPEN SPACE AND THE UNITED STATES FOREST SERVICE, FOR ANY INJURY OR DEATH CAUSED BY OR RESULTING FROM MY PARTICIPATION IN THE ACTIVITIES OFFERED BY OUTFITTER, WHETHER OR NOT SUCH INJURY OR DEATH WAS CAUSED BY THEIR NEGLIGENCE OR FROM ANY OTHER CAUSE.
NOTICE: THIS IS A RELEASE OF LIABILITY. DO NOT SIGN OR INITIAL THE RELEASE IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH ITS TERMS. IF UNDER EIGHTEEN (18) YEARS OF AGE, SIGNATURE OF PARENT OR GUARDIAN IS ALSO REQUIRED.
I HAVE READ THIS RELEASE OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT PARTICIPANT:
DATE SIGNED: July 16, 2019