In consideration for being permitted to participate in the Activity, I, the undersigned, acknowledge and agree to the following:
A. Assumption of Risk. I fully understand that participating in the Activity may not only involve risk of serious injury or death, economic loss, property damage or loss that may result from my own actions, inactions or negligence, but also from the actions, inactions or negligence of others and/or the condition of any property, and I voluntarily agree to assume this risk. The Activity means any and all activities I choose to participate in through or involving the Entities (defined below) or any of them, including but not limited to: walking tours, hiking, cabin rentals, camping, fire making, cooking, shuttle/transfers to and from the ranch, etc.
B. Covenant Not to Sue. I, for myself and my heirs, personal and legal representatives, successors and next of kin, agree not to make any claim against Treasure Mountain Ranch, Inc. Reinstated June 19, 2018, a Colorado corporation (TMR), Crystal Mountain Ranch, Inc., a Colorado corporation (CMR Inc.), or Crystal Mountain Ranch, a Colorado limited liability company (CMR LLC; TMR, CMR Inc. and CMR LLC are collectively referred to herein as the Entities), or any of their present or former officers, directors, members, managers, employees, agents, attorneys, insurers, representatives or volunteers, or their respective successors, heirs or assigns, for injury, damage, death or any other loss arising from or related to participating in the Activity.
C. Release and Indemnification I, for myself and my heirs, personal and legal representatives, successors and next of kin, hereby forever release, waive, discharge, relinquish and indemnify the Entities from any and all actions, causes of action, claims, charges, demands, losses, damages, costs, attorney’s fees, judgments, liens, indebtedness and liabilities of every kind and character, whether known or unknown, including, without limitation, foreseen or unforeseen bodily injury and personal injuries and property damage that may be sustained by me or any other person, in any way connected to, related to, or arising out of my participation in the Activity, regardless of any negligence of any of the Entities or any of their present or former officers, directors, members, managers, employees, agents, attorneys, insurers, representatives or volunteers.
D. Good Health. I warrant that I am in good health and have no physical condition that would prevent me from participating in the Activity. I have had the opportunity to seek medical advice for any concerns I may have had regarding my health.
E. Photo Release. In relation to the Activity, I hereby grant to each of the Entities all rights of every kind in perpetuity in and to my interview, appearance and name. I hereby authorize each of the Entities to photograph me, to edit the same at its discretion and to use photographs in any manner or media whatsoever, including, without limitation, unrestricted use for purposes of television, exhibition, publicity, advertising and publications. I further authorize each of the Entitles to use my name, likeness or other information concerning me in connection with any program and for any other purpose. I agree that the Entities own all rights and proceeds of my photos rendered in connection herewith.
I have carefully read this Release and Waiver of Liability and Assumption of Risk Agreement (the “Agreement”) and fully understand its contents. I am aware that I have given up substantial rights by signing the Agreement, and I am signing the Agreement voluntarily. I have no obligation to participate in the Activity or sign this Agreement, but I desire to do so. I certify that I am at least eighteen years of age OR that my parent or guardian is with me and signing for me.
Today's Date: October 20, 2019