I wish to participate in The Colorado Mountain Club (“CMC”) Adventure Travel Trip identified below (“the Trip”),and/or participate in activities, events or tours partially or wholly sponsored, organized, directed, conducted, or paid for by The Colorado Mountain Club during the Trip. In exchange for the ability to join and/or participate in the Trip by my/our signature on (and/or clicking on the CMC Adventure Travel webpage to agree to) this Release of all claims, waiver of liability, assumption of all risks, and indemnity agreement (“Release”) I/we hereby irrevocably and unconditionally agree for myself/ourselves and my/our heirs, estate, insurers, successors and assigns as follows:
1. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK. I understand that any and all CMC Adventure Travel Trips may be hazardous and may result in severe injury, loss, damage, or death. I understand that I am solely responsible for my own safety, and for taking every precaution to provide for my safety and well-being, while participating in the Trip. I understand that my skills will be challenged during the Trip. I understand that I am solely responsible for assuring that my physical conditioning, skills and equipment are adequate for me to participate safely in the Trip. I understand that the CMC has no obligation to provide medical care, and has not undertaken the responsibility to do so. I understand that the CMC is not a guide service. I understand that the Trip is led by volunteers whose abilities, skills, equipment and actions are not independently controlled or verified by the CMC. I understand that the Trip involves inherent, serious risks and dangers that are impossible to know or predict, including but not limited to:
a. narrow or nonexistent trails; rough, exposed, unstable, steep or slippery terrain; high-altitude illness; lightning; cold weather; avalanches, icefall or rockfall, and other risks of wild and unfamiliar terrain and locations;
b. wild or poisonous animals, insects or plants; dangerous river or water crossings; fires or floods; other forces of nature;
c. equipment malfunctions or failure;
d. extreme remoteness from, and unavailability of, medical facilities or rescue;
e. travel by motor vehicles or other conveyance;
f. acts or omissions by the CMC, its employees, agents, instructors, volunteers or members, including but not limited to those of the Trip leader;
g. acts or omissions by others, including but not limited to Trip participants and third party vendors, including but not limited to vendors supplying transportation, lodging, and services in foreign countries;
h. interruption, cancellation, or unforeseen difficulties in transportation and travel, including but not limited to, the complete unavailability of transportation for extraction and repatriation even in emergency situations;
i. cultural, political, and violent events in foreign lands, including but not limited to the criminal conduct of others; and
j. serious injury, illness, or death as a result of any cause, including without limitation, accident, misadventure, transportation collision or crash, disease, crime, terrorism, and war.
I understand and have considered and evaluated the nature, scope and extent of the risks involved, and I voluntarily and freely choose to assume such risks.
2. RELEASE FROM LIABILITY AND WAIVER. I fully and forever release and discharge the CMC, its volunteers, employees, agents, partners, leaders, instructors, members, guides, officers, directors, representatives, owners or operators of the Trip, including but not limited to the Trip leader, (the “Released Parties”) from any and all, claims, demands, lawsuits, causes of actions, expenses, and any other liability of any kind, whether foreseen or unforeseen. I fully and forever waive my right to pursue any and all claims legal actions, suits, and causes of action of any kind (including but not limited to negligence, negligent supervision, negligent retention, negligent hiring, negligent instruction or supervision, improper maintenance or provision of equipment, negligent first aid or failure to render first aid, or prevention of a Good Samaritan from rendering first aid, and breach of any common law or statutory standard of care), for any injury, damage, or loss of any kind to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in or attendance at the Trip, including transportation related to the Trip, even if it is due to the negligence or other fault of the Released Parties. I understand the Released Parties will not be responsible for the willful or negligent acts or omissions of third party suppliers of travel services or any air carrier or their respective agents, servants, or representatives, including, without limitation, their failure to deliver or the partial or inadequate delivery of services.
3. COVENANT NOT TO SUE. I will not initiate any lawsuit, court action, or other legal proceeding against the Released Parties, nor join or assist in the prosecution of any claim for money damages which anyone or any entity may have, on account of injuries (including death), losses, or damages sustained by me or others in connection with my participation in or attendance at the Trip, and I waive any right I may have to do so. This means that I cannot sue to hold the Released Parties responsible for any injuries, losses, or damages that I may experience related to the Trip, even if due to the negligence or other fault of the Released Parties. I waive my insurers’ right to make a claim against the Released Parties based on payments by insurers to me or on my behalf for any reason. This means that my insurers have no right of subrogation against the Released Parties.
4. INDEMNITY. I agree to indemnify, defend, and hold harmless the Released Parties from and for any claims, losses, damages, and causes of action to which Released Parties may be subjected arising from or relating to my participation in the Trip. I agree to indemnify, defend, and hold harmless the Released Parties from and for any sums, costs, or expenses (including attorney fees) incurred by any of the Released Parties or paid by them to any person (including me or my insurers) in connection with any accident, injury (including death), loss, or damage sustained by me or others in connection with my attendance at or participation in the Trip, including transportation related to the Trip. This means that I will reimburse the Released Parties if anyone makes a claim against them based on injuries, losses or damages I may suffer.
5. NO INSURANCE; MEDICAL EXPENSES. I understand that the CMC and others involved in Trip, do not provide me with any insurance, including life, medical, motor vehicle, or liability, evacuation, repatriation, or trip cancellation, for any illness, accident, injury, loss, or damage that may arise in connection with my participation in or attendance at the Trip. If I want insurance of any kind, I must obtain my own insurance. I will pay my own medical emergency expenses and all subsequent medical expenses associated with any illness, accident, or injury in connection with the Trip.
6. I understand that the Released Parties have made no representations or warranties whatsoever with respect to my personal safety or the safety of my property while traveling to and from, or while on the Trip.
7. I have read and understood the information provided by the United States Department of State at http://travel.state.gov/content/passports/en/country.html , which includes, among other information, travel alerts and warnings, and will continue to monitor this information, and will consider this information in my on-going travel planning, and understand and accept the risks of my travel plans and described in these materials. I have read and understood the information provided by the Centers for Disease Control at http://wwwnc.cdc.gov/travel , which includes, among other information, Travel Notices and resources for travelers. I agree that I alone am responsible for any vaccinations, immunizations, or other preventative treatments necessary or required before leaving on the Trip.
8. I agree to comply with all CMC policies and procedures during the Trip.
9. VALIDITY. I intend this Release to apply in connection with the Trip at anytime and anywhere in the world. If I have clicked on the CMC web page to signify acceptance of this Release, I agree that my doing so has the same force and effect as if I were to sign a printed copy of this Release. Upon request, I/we will immediately provide our signatures on a printed copy of this Release. This Release supersedes any oral or written statements made by or to me at any time by anyone in connection with the Trip. I understand that I cannot terminate, cancel, or revoke this Release for any reason. In the event that any portion or clause of this Release is found or declared by a court of competent jurisdiction to be unenforceable, unconstitutional, or otherwise invalid, such findings shall not affect the enforceability or validity of the remainder, and any unenforceable clause or portion of this Release shall be severed there from without affecting the validity of the remainder.
10. This Release shall be governed and controlled by the laws of the State of Colorado and jurisdiction with respect to any proceeding having to do with this Release, or the Trip, is vested in the District Court, Jefferson County, Colorado.
11. This Release will enure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, personal representatives, and assigns. I UNDERSTAND THAT THIS IS A LEGAL DOCUMENT AND THAT BY SIGNING IT (AND/OR BY CLICKING ON THE CMC WEB PAGE TO AGREE TO IT) I AM GIVING UP MY RIGHT TO SUE OR OTHERWISE MAKE ANY CLAIM AGAINST THE RELEASED PARTIES. I HAVE READ THIS ENTIRE DOCUMENT CAREFULLY. I FULLY UNDERSTAND ITS CONTENTS AND I VOLUNTARILY AGREE TO ITS TERMS. I HAVE HAD THE OPPORTUNITY TO REVIEW THIS RELEASE WITH AN ATTORNEY OF MY OWN CHOOSING. I AM OF LAWFUL AGE AND COMPETENT TO EXECUTE THIS RELEASE.
Photo Release: I hereby give full consent to the CMC to photograph me and/or my child and/or publish any photographs or videos in which I or my child appears. I agree that said photos or videos may be used for public display and/or publication for nonprofit purposes.
Dated: September 20, 2020