PARTICIPANT ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY FORM
Welcome to Challenge Aspen. We, the staff of Challenge Aspen, look forward to having you, your child or your family member join us for a program experience. On these two pages, you will find important information about Challenge Aspen, our activities and the potential risks involved in participation. Please read this information carefully, ask us any questions you might have and do not sign this agreement if you do not want to be exposed to these activities and potential risks.
Risks of Participation. The Undersigned recognizes and understands that while Released Parties have undertaken reasonable steps to lessen the risk of transmission of communicable diseases, including but not limited to, COVID‐19, in connection with participation in the activities, the Released Parties are not responsible in any manner for any risks related to communicable diseases in connection with Participant’s participation in the activities. Specifically, the Undersigned understands that COVID‐19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID‐19 may result in significant personal injury or death. The Undersigned is fully aware that participation in the activities carries with it certain inherent risks related to transmission of communicable diseases (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying a communicable disease; (2) the risk of transmitting or contracting a communicable disease, directly or indirectly, to or from other individuals; and (3)injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from communicable diseases or the treatment thereof. Further, the Undersigned understands that the risks of all communicable diseases are not fully understood, and that contact with, or transmission of, a communicable disease may result in risks to the Participant including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks.Please know that participation in Challenge Aspen activities involves risk. Providing high quality programs in a risk managed environment is our priority, however, we cannot eliminate all risks in adventure activities such as climbing, rafting, hiking, archery, or most of the activities we offer. As with any outdoor adventure activity, they can result in injury or even in rare circumstances, death.
Challenge Aspen is a 501(c)(3) non-profit organization that has been in operation since 1995, providing recreational, educational and cultural experiences for people with cognitive and physical disabilities.
It is of utmost importance to us that you not engage in activities that are opposed by you, your family, or your doctor due to illness, physical or mental infirmity, or any other health/medical condition that you may have, whether diagnosed or undiagnosed.
To help us try to manage these risks it is very important that all program participants follow all directions given by Challenge Aspen staff or designated activity facilitator. Please ask questions whenever a procedure or activity is unclear to you. If a program participant is currently taking prescription medications, including medical marijuana or other alternative therapies, it is imperative that these medications be disclosed in the confidential medical form. Use of or being under the influence of alcohol or judgment affecting drugs while participating in adventure activities is unsafe and strictly prohibited.
We believe that it is in everyone's interest that risks are disclosed, understood, and accepted prior to participation at Challenge Aspen. Whether you are the Participant or Parent/Legal Guardian, after you have reviewed all pages of this Acknowledgement of Risk and Release of Liability Form, and if you understand and agree with its contents, please sign and initial in the designated places on both pages.
I have read the above information
My signature below represents that I, as a participant, or as the parent of a minor participant, or as the legal guardian of a participant, (hereinafter, collectively, "I'') have read and understand the contents of this release. In consideration for being allowed to participate in Challenge Aspen programs, and related events and/or activities, or serve as staff or volunteer for the same, I hereby understand and agree to the following:
- I understand that although Challenge Aspen has taken precautions to provide proper organization, supervision, instruction and equipment for each activity, it is impossible for Challenge Aspen to guarantee absolute safety.
- I understand that I share the responsibility for safety during all activities, and I accept that responsibility. I will make my instructors aware of any questions or concerns I might have regarding safety standards, guidelines, procedures and my ability to participate in an activity.
- I understand that participation in outdoor programs involves risk. The following is a partial list of the potential risks associated with the activities at Challenge Aspen. This list does not include all inherent risks but serves to provide examples and promote an understanding of the risks, any of which could result in injury, mental stress, permanent disability, or even death.
- Complications associated with exposure to weather (including extreme cold, wet or icy conditions, heat, sun, lightning), altitude and physical exertion
- Perils and hazards arising from unintended contact with others, including participants and members of the general public
- Perils and hazards arising from unintended contact with natural features such as rocks, trees, plants, and animals, as well as man-made features such as posts and equipment.
- Perils and hazards arising from equipment failure or malfunction
- Increased risk of harm due to delays in the delivery of emergency medical services in remote locations or due to reasons beyond Challenge Aspen's control.
- I understand that in addition to the risks inherent in all activities at Challenge Aspen, more specific risks accompany each type of activity. I understand that I have the right to inspect the facilities and equipment to be used, and to observe a lesson or program, and that if I believe anything is unsafe, it is my responsibility to immediately advise Challenge Aspen staff of such condition and refuse to participate.
- I assume all the foregoing risks, as well as similar unforeseen risks, and accept personal responsibility for the damages due to injury, permanent disability or death resulting from participating in any Challenge Aspen activity.
- Should I have a disagreement or dispute with Challenge Aspen about this Release, the charges, the activities, any injury I may receive or any other aspect of Challenge Aspen, I agree that any action to resolve or redress such disagreement or dispute will be brought to Pitkin County, Colorado and governed by Colorado law.
I hereby release Challenge Aspen, its successors, representatives, assigns, Board of Directors, volunteers, employees, officers and other participants from any and all claims, demands, and causes of action, whether resulting from negligence or otherwise, of every nature and in conjunction with a Challenge Aspen activity.
I hereby release Challenge Aspen, the Aspen Skiing Company, LLC, their respective successors, representatives, assigns, directors, officers, agents, and employees from any and all claims, demands, and causes of action, whether resulting from negligence or otherwise, of every nature and kind arising or connected with photographs or video of the undersigned taken in conjunction with a Challenge Aspen activity.
I have read this Agreement, understand its contents, am aware this document has legal consequences and I sign It voluntarily.
Parent or Legal Guardian (if participant is under 18 years of age or otherwise legally dependent):
I agree to the above terms and conditions for myself and on behalf of my child or ward. I agree to Indemnify Challenge Aspen for any and all claims brought by or on behalf of the child or ward for whom I sign or for any claim brought by any other person related to the child or ward against Challenge Aspen . July 3, 2020
PERMISSION TO OBTAIN MEDICAL TREATMENT ON MY BEHALF
Should I or the person for whom I am the legal guardian become injured, I give permission for Challenge Aspen program facilitator(s) to render First Aid and to seek emergency medical or rescue services as they see fit, and at my cost.
PARTICIPANT or PARENT/GUARDIAN July 3, 2020
WHISPERING WINDS CHALLENGE ASPEN
PARTICIPANT RELEASE OF LIABILITY AND ASUMPTION OF RISK AGREEMENT
**READ BEFORE SIGNING**
In consideration ofbeing allowed to participate in any way in the program. related events and activities (hereafter called the Program), I the undersigned. acknowledge, appreciate, and agree that:
I.The risk of injury from the activities involved in this pnvam is significant during all phssts of the activity, including the potential for permanent paralysis, disability and death. These risb include but are not limited to: Equipment failure andior malfunction of my own or other's equipment; my own negligence and/or the negligence of Olhers; Attack or encounter with insects, reptiles and/or animals; fatigue, chill andior dizziness which may diminish my/our reaction time and increase the risk of accident; Outdoor activities include but are not limited 10 risks of exposure to elents, excessive heat. hypothennio. impact of the body upon the water, injection of water into my body orifices, exposure to animals with the risk of them kicking. biting. shying away, running off or othcnvise movi in an unanticipated manner causing injury and/or death. I ngl"ff to wear any necessary safety equipment provided to me and rKOgoiu thut failure to do so Increases the potentiul for St1Vere injury or deuth und ubsolvn the RELEASEES l"rom uny liability wh:ltsoevrr.
2. I KN0WINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM 11IE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation in the Progi:ant
I willingly agree to comply with tcnns and conditions for participation. IfI observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bringsuch to the attention of the nearest official immediately.
I recognize lhat it may be necessary for lhe (Releasees) to refuse or terminate my participation if I am judged to be incapable of meeting the rigors or requirements of the Program. I accept the (Releasees) right to take such actions for the safety of myself and for other participants. I will not engage in any activity beyond my capabilities and will not cause any third party to be endangered by any of my actions during the program.
I warrant and represent that I am in good health one. I have no physical or mental limitations or problems that would affect my safe participation or the safety of others in the program and have not been advised otherwise by a qualified medical person.
5. By participating in or attending any activity in connection with this program, whether on or off the premises, I consent to the use of any photographs, pictures, film or videotape taken of me or provided by me for publicity, promotion, television, websites or any other use, and expressly waive any right of privacy, compemation, copyright or other ownership right connected to same.
6. I for myself and on behalf of my heirs, assigns, personal representatives and next of kin. I HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS THE CHALLENGE ASPEN. its officers, directors, officials.agents and/or employees, other participants, sponsors, advertisers, permit grantors, independent contractors. sub-contractors and, if applicable, owners and lessors of premises loaned to conduct the Program (RELEASEES), from any and all claims, demands, losses, end liability arising out of or related to any INJURY, DISABILITY OR DEATH may suffer loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I HAVE READ nns 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.
FOR PARENTS/GUARDIANS OF PARTICIPANT OF MINOR AGE (UNDER AGE 18 AT TIME OF REGISTRATION)
This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasces, and, for myself, my heirs, assigns, and next of kin, release and agree to indemnify and hold hannless the Releasecs from any and all liability incidents to my minor child's involvement or participation in these programs as provided above, EVEN IF ARISING FROM TIIE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law.
PARTICIPANT or PARENT/GUARDIAN [age] July 3, 2020