- Definitions. “Participant” means person who is participating in the activities of Integrity Fishing Ventures Inc, d/b/a The Colorado Angler. “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” mean Integrity Fishing Ventures, Inc. d/b/a The Colorado Angler or any of its successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. “Activity” means taking part in fishing, rafting, boating, swimming, wading, hiking, climbing, portaging, and traveling to and from Activity site.
- Risks of Activity. The Undersigned understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: choice of rafting or boating course; negligence of guides; changing weather conditions; changing water conditions; cold water immersion; hidden underwater obstacles; above water obstacles; trees; rocks; collisions; slippery terrain; rugged terrain; changing and unpredictable currents; drowning; exposure; swimming; overturning; improper use of equipment; jumping off rocks; carrying rafts and other equipment; entrapment of feet or other body parts under rocks or other objects; fishing equipment; other participants; equipment failure; wildlife; dehydration; sunburn; driving to and from the Activity site; and mental distress from exposure to any one of the above. The Undersigned acknowledge that the description of the risks listed above IS not complete and that participating in the Activity may be dangerous and may include other risks.
- Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the activity, the Undersigned agree as follows:
(a) Release. The Undersigned hereby irrevocably and unconditionally release, forever discharge, and agree not to sue or bring any other legal action against the RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract.
(b) Indemnification. The Undersigned agree to indemnify, defend, and hold harmless the Released Parties from and against any and all liability, cost, expense, or damage of any kind or nature whatsoever 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. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity.
(c) Assumption of Risk. The Undersigned agree that there are dangers and risks associated with the participation in the Activity including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties, and said dangers and risks may result in INJURIES, DEATH AND/OR PROPERTY LOSS. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
- Minor Acknowledgment. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.
- Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.
- Miscellaneous. The Undersigned agree: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Colorado, and the exclusive jurisdiction for any claim shall be the District Court of Summit County, Colorado or the federal court of the State of Colorado; (c) 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 shall be binding upon the subrogors, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned.
I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.
Dated: November 13, 2019