I (or, in the case of a family membership, we) wish to become a member to The Colorado Mountain Club and/or participate in activities, events or trips partially or wholly sponsored, organized, directed, conducted, or paid for by The Colorado Mountain Club, including its employees, agents, volunteers, instructors and members (collectively “the CMC”). In exchange for the ability to join and/or participate in such activities, events or trips (“CMC Activities”), by my/our signature on (and/or clicking on the CMC webpage to agree to) this Acknowledgement of Risk and Release of Liability (“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 Activities 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 CMC Activities. I understand that my skills will be challenged during CMC Activities. I understand that I am solely responsible for assuring that my physical conditioning, skills and equipment are adequate for me to participate safely in CMC Activities. 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 many CMC Activities are led by volunteers whose abilities, skills, equipment and actions are not independently controlled or verified by the CMC. I understand that CMC Activities involve inherent, serious risks and dangers that are impossible to know or predict, including but not limited to: narrow or nonexistent trails; rough, exposed, unstable, steep or slippery terrain; slips and falls; high-altitude illness; changing weather conditions; lightning; cold weather; avalanches, icefall or rockfall; wild or poisonous animals, insects or plants; dangerous river or water crossings; fires or floods; contraction of or exposure to airborne illnesses and infectious diseases; other forces of nature; equipment malfunctions or failure; extreme remoteness from medical facilities or rescue; human errors including but not limited to navigation, in the provision of first aid or lifesaving efforts, and in travel by group; travel by motor vehicles or other conveyance; acts or omissions by the CMC, its employees, agents, instructors, volunteers or members; and acts or omissions by other activity participants. 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. 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 CMC Activities, facilities, equipment and vehicles, and all others involved in CMC Activities (the "Released Parties") from any and all injuries (including but not limited to death, illness, and disease), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability or claims of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in or attendance at any and all CMC Activities, including transportation related to CMC Activities, even if it is due to the negligence or other fault of the Released Parties.
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 may have, on account of injuries (including but not limited to death, illness, and disease), losses, or damages sustained by me or others in connection with my participation in or attendance at any or all CMC Activities, 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 CMC Activities, 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. If any portion of this Covenant Not to Sue is held to be invalid or unenforceable, I agree that the venue of any lawsuit shall be the Jefferson County Colorado District Court, Golden, Colorado, and that, irrespective of any otherwise applicable choice-of-law statute, law or provision, Colorado statutory and substantive law shall apply to any such lawsuit.
4. INDEMNITY. I will hold harmless, indemnify, defend, and reimburse 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 but not limited to death, illness, and disease), loss, or damage sustained by me or others in connection with my attendance at or participation in the Activity, including transportation related to CMC Activities. 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 CMC Activities do not provide me with any insurance, including life, medical, dental, motor vehicle, or liability, for any illness, accident, injury, loss, or damage that may arise in connection with my participation in or attendance at any CMC Activities. 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, disease, accident, injury, or death in connection with any CMC Activities.
6. VALIDITY. I intend this Release to apply in connection with any CMC Activities at any time and anywhere in the world. I agree that my signature below has the force and effect of indicating my agreement to the terms of this Release. Likewise, if I have executed this Release by clicking on the acceptance button on the CMC web page, that action constitutes my acceptance of this Release with the same force and effect as if I were to sign a printed copy of this Release. If family membership is applied for, I agree that my clicking on the acceptance button on the CMC web page constitutes the agreement of each adult family member to all of the terms and conditions of this Release. I further understand and agree that payment of CMC dues constitutes additional, independent acceptance of all of the terms of this Release. I further understand and agree that my signature of a printed copy of this Release is not required to give effect to my acceptance of the terms of this Release, but I will immediately provide my signature on a printed copy of this Release upon request. If any portion of this Release is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This Release supersedes any oral or written statements made by or to me at any time by anyone in connection with any CMC Activities. I understand that I cannot terminate, cancel, or revoke this Release for any reason.
7. 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.
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.
Dated: October 26, 2021