Participant Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement
Glenwood Canyon Rafting Inc.
In consideration of the services of Glenwood Canyon Rafting, Inc. together with its agents, owners, officers, volunteers, booking entities employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively G.C.R.), I hereby agree to release and discharge G.C.R. on behalf of myself, my parents, my heirs, assigns, personal representative and estate as follows:
1. Inherent Risks I acknowledge that any water related activity such as rafting (or inflatable kayaks or “duckies”) entails known and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of adventure activities is derived in part from inherent risks incurred by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I also understand and acknowledge that failing to use or properly use safety type equipment increases my risk of injury or of not surviving an accident or incident while rafting. The inherent risks associated with the rafting trip in which I am about to participate include, but are not limited to: encountering whitewater rapids and changing water flows and the possibility that I will be jolted, jarred, bounced, thrown to and fro and shaken about during rides through some of these rapids or changing water flows; it is possible that I could be injured if I come in contact with food boxes, oars/paddles, other storage containers, or other fixed equipment necessary to the operation or outfitting of the raft; there may be errors in food storage or preparations; I recognize there are foot cups or foot holds in watercraft which may assist in stabilizing or holding myself or others in the watercraft but which may present an increased risk of knee, ankle or other injury as a result of restricted movement; the raft may break down or be faulty; it is possible that loss of control of the raft could occur resulting in collision or capsizing or sinking and that if a raft turns over or flips I could be "washed" overboard; rafts are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of the raft even in flat or non-moving water; while in the water I may become disoriented, panicked and/or experience trauma from rocks, boulders, etc; I can slip or fall during hiking or portaging or getting to and from the raft and I understand that the areas in which I might hike sometimes hide dangerous obstacles such as tree wells, tree stumps, creeks, rocks and boulders, forest dead fall, etc.; the raft or any portion of it may collide with or encounter other rafts, man-made or natural objects including submerged or semi-submerged trees, rocks, branches, boulders, bridges, etc.; accidents can occur getting on and off the raft. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in G.C.R. events/activities.
I understand and expressly acknowledge that I have responsibilities, including the responsibility for my own safety while participating in any or all of the activities associated with or provided by G.C.R.. I also acknowledge that I have the responsibility to inspect any and all facilities or equipment to be used and to immediately advise G.C.R. of anything which I consider to be unsafe or to refuse to participate. Furthermore, G.C.R. employees, agents and guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of my or another participant’s fitness or abilities. They may give inadequate warnings or instructions and/or I as the participant may fail to understand the safety directions due to language issues. I specifically acknowledge that decisions made by guides/staff and participants are often made in wilderness/remote/dangerous settings and are often based on imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault at a later point in time. Exposure to the natural elements while participating in a G.C.R. activity can be uncomfortable and/or harmful. Changing weather conditions, storms or even lightening are possible; exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps or fatigue, some or all of which may diminish my or the other participants’ ability to react or respond; I understand that prolonged exposure to cold water can result in “cold water immersion” syndrome or “cold shock,” hypothermia and in extreme cases death; I may encounter dangerous wildlife, insects, bacteria and viruses, etc.; communication in the terrain in which this activity occurs is always difficult and in the event of an accident, rescue and medical treatment may not be immediately available.
I acknowledge that I may choose to participate in activities that are provided by other vendors or operators over which G.C.R. has no control. Those activities are incidental to the activities provided by G.C.R. and may involve errors in judgment by the other vendors or operators for which G.C.R. can bear no liability. G.C.R. is not a Common Carrier but rather is in the business of providing water related adventure type trips. Transportation to and from the activity is incidental to the activity. Transport and car, bus or van travel in some instances may be provided by G.C.R. and may involve errors in judgment by G.C.R. staff operating the vans, buses, cars or other transport vehicles. The vehicles and transport trailers may malfunction, break down or be poorly maintained, causing injury, accidents, delays or in the extreme case, death.
2. Express Assumption of Risk As lawful consideration for being allowed to participate in activities offered by G.C.R., I expressly agree and promise on behalf of myself and any of the children for which I am responsible, to accept and assume all the risks existing in this activity. My/our participation in this activity is purely voluntary, and I/we elect to participate in spite of the risks. I/we expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I/we are signing it of our own free will.
3. Release and Waiver of Rights Including for Claims of NEGLIGENCE On behalf of myself and any of the children for which I am responsible I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless G.C.R. from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my/our use of G.C.R.’s equipment or facilities, including any such Claims which allege negligent acts or omissions of G.C.R.
4. Indemnity Should G.C.R. or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree on behalf of myself and any of the children for which I am responsible to indemnify and hold them harmless (in other words, I agree to pay for...) for all such fees and costs.
5. Personal Skill & Insurance I certify on behalf of myself and any of the children for which I am responsible that I/we have sufficient skill and fitness to participate in the activities offered by G.C.R. I further certify that I/we have no medical, mental or physical conditions which could interfere with my/our safety or ability to participate in these activities, or else I/we are willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I/we further certify that I/we have adequate insurance to cover any injury, damage or emergency transportation or search and rescue costs I/we may cause or suffer while participating, or else agree to bear the costs of such injury, damage or emergency transportation costs ourselves.
6. Medical Issues I agree on behalf of myself and any of the children for which I am responsible that, in the event that G.C.R. deems it necessary to administer emergency first aid or CPR or to remove me/us from its activities or premises or from the field or to seek emergency medical care for me/us that, by signing this document, I/we are giving G.C.R. permission to: administer emergency first aid or CPR, secure emergency transport or medical care and/or disclose any medical information it may have about me/us to any health care provider which may become involved in my/our care, treatment or removal from the field. By signing this document I/we are waiving any right to object to or bring any type of action or claim against G.C.R. for its administration of emergency first aid or CPR or for securing emergency transport or medical care and/or for the disclosure of personal medical information it may have about me/us to any health related person who becomes involved in my/our care or removal from G.C.R. activities or the field.
7. Photographic Assignment I understand that the G.C.R. reserves the right to take photographic or film (of whatsoever nature) records of any or all of its activities or trips and on behalf of myself and any of the children for which I am responsible I/we hereby agree that G.C.R. may use such records for promotional and/or commercial purposes without any remuneration to me. I/we hereby assign all right, title and interest I/we may have in or to any and all media in which my name or likeness might be used by G.C.R.
8. Release as Contract and Personal Capacity On behalf of myself and any of the children for which I am responsible I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I/we are signing it of my/our own free will. I/we expressly acknowledge that I/we are not under the influence of drugs or alcohol at the time of my/our signing of this document and that there are no other impediments or reasons why I/we would lack the capacity to enter into this contract with G.C.R.
9. Forum Selection, Severability, Breach of Contract/Warranty Waiver, Etc. In the event I/we file a lawsuit against G.C.R., I/we agree to do so solely in the State of Colorado, and I/we further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state and I/we hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise have been entitled. I/we agree to submit to the jurisdiction of the Colorado courts. I/we agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy of this release contract can be used as if it were the original. I/we understand that this document constitutes the entire Agreement/Contract between ourselves and G.C.R. and that it cannot be modified or changed in any way by representations or statements of any nature (be they vocal, advertising, etc.) outside of this document; in other words, I/we are also waiving any claims I/we might have for breach of contract or warranty for statements or representations made outside of this release contract.
By signing this document, I acknowledge for myself and any of the children I am responsible for that if anyone is hurt or property is damaged during my participation in this activity, I/we may be found by a court of law to have waived my/our right to maintain a lawsuit against G.C.R. on the basis of any claim from which I/we have released them herein. Further, I agree to follow the guidelines set forth by the Health Departments and Governing Agencies to maintain recommended social distancing and use face coverings whenever possible, as enforced by GCR, Inc.
I/WE HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT (BOTH PAGES).
I/WE HAVE READ AND UNDERSTOOD IT, AND I/WE AGREE TO BE BOUND BY ITS TERMS.
Today's Date: December 4, 2020