THIS DOCUMENT CONTAINS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
Please read this entire Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (hereafter “Document”) carefully before signing. All participants 12 years of age or older must sign this Document. For participants under 18 years of age (hereafter sometimes “minor” or “child”), one of the participant’s parents or legal guardians (hereafter collectively “parent”) must also sign. In consideration for participant being permitted to participate in the services offered by CJJ Family Holdings, Inc., a Colorado corporation, doing business as “Vista Verde Guest Ranch,” and its owners, members, managers, officers, directors, employees, agents, representatives and volunteers (hereafter individually and collectively “Vista Verde”), I (participant and/or parent of a minor participant) acknowledge and agree as follows:
ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
Participating (whether simply attending, observing or actively participating) in Vista Verde instructional, recreational and/or adventure activities include risks. Activities can take place on Vista Verde premises, or on other private, state, or federally-owned land in Colorado and may be conducted or led by Vista Verde staff, subcontractors or others. Activities may include, but are not limited to: equine activities such as horseback riding; boating (including rafting and kayaking); fishing; swimming; paddle boarding; mountain biking; bicycling; rock climbing and rappelling; hiking; yoga; skiing; tubing; snowshoeing; sleigh riding; ice fishing; snowmobiling; hot air ballooning; camping; miscellaneous games and activities; use of Vista Verde’s swimming pool, hot tubs, and exercise equipment, and its other equipment, facilities and premises; and transportation in vans, buses or other vehicles (collectively referred to in this Document as “Activities”). Activities may be scheduled or unscheduled, supervised or unsupervised, day or multi-day, and include Activities undertaken during the participant’s free and/or independent time. I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Document as “risks”) of these Activities can cause injury, damage, death or other loss to participant or others.
I UNDERSTAND THAT THE RISKS INCLUDE, WITHOUT LIMITATION:
1. Weather, environmental, and surface and subsurface conditions that are unpredictable and dangerous, including risks associated with lightning, thunder, rain, hail, sleet, high wind, white-out conditions, snow or ice accumulation, avalanches, high altitude conditions, fast-moving rivers or other water bodies, traveled roads, falling or fallen timber, forest growth, debris, ditches, rockfall, icefall, steep or slippery terrain, unstable or loose rock, moraine, talus, scree, boulders, extremely cold temperatures, electrical storms, mountain storms, cliffs, wild or domestic animals, stinging, venomous and/or disease carrying animals, insects or microorganisms, and other natural and man-made hazards and dangers, whether they are obvious or not;
2. Whether on or off Vista Verde premises, boulders, ruts, creeks, irrigation ditches, uneven ground and other conditions exist, as well as other natural or manmade hazards. This includes risks associated with using any of Vista Verde’s buildings, facilities, and structures, both inside and outside. In addition, a participant may ride, hike, boat, ski, or otherwise travel in areas where objects, hazards, and other dangerous latent (hidden) conditions on the land are not visible or marked and are not well-lit, and trails are not groomed, maintained, or controlled;
3. The unpredictability and uncontrollability of horses. Horses are generally much larger, more powerful, and faster than a human, and can react to the environment, and the conduct and actions of riders and other persons in harmful ways. These risks include how horses may react to other animals, their surroundings, and the conduct and actions of other riders. Without warning, a horse may, at any time, kick, bite, stomp, stumble, rear, bolt, fall, jump, buck, run from danger, unpredictably turn, change speeds, shift its weight, stop short, collide with another animal or object, and react to sudden movements, noises, light, vehicles, and other animals, persons, or objects;
4. The potential of the participant or another participant to act in a negligent manner that may contribute to injury of the participant or others, such as failing to maintain control of the animal or not acting within his or her ability;
5. The risk that a participant may be unable to safely engage in a particular equine activity;
WARNING: Under Colorado law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes.
6. Risks associated with Vista Verde staff decision-making, judgments, and warnings, which are often based on a variety of perceptions and evaluations, which by their nature are imprecise and subject to error. These include the risk that a staff member may misjudge an individual’s capabilities, health, or fitness level, or misjudge terrain, weather, trail location and conditions, some aspect of instruction, medical treatment, the character and propensities of an animal, or how best to react in certain circumstances;
7. The unavailability of immediate and quality medical attention or rescue possibilities in an isolated and remote (more than one hour away from medical facilities) location, including the limited ability to communicate with rescue and medical personnel, and to transport or evacuate a participant from an incident location;
8. Participant’s mental, physical or emotional condition (including use or abuse of alcohol or any prescription or non-prescription drugs), disclosed or undisclosed, known or unknown, combined with participation in the Activities includes risks. Vista Verde cannot anticipate or eliminate risks or complications posed by a participant’s mental, physical (including health or fitness level), or emotional condition;
9. Risks from participating in a physically exerting activity such as engaging in repetitive arm and leg movements, bending, walking, riding, twisting, pulling, lifting, stretching, running, jumping, climbing, and swinging;
10. Risks associated with any outdoor or athletic activity including the risk that a participant may overestimate his or her abilities or fitness; be inattentive; lose control and trip or fall and/or collide with others, the ground, or encounter other hazards; not understand the functioning of (or misuse) equipment; fail to negotiate steep, uneven or difficult terrain; not control his or her speed; or experience equipment malfunction;
11. Risks associated with interactions with, and reliance on other participants or unknown third parties, including the careless or reckless behavior of other people, the failure of other participants to comply with Vista Verde rules, the possibility of inadvertent touching, and personal disclosure and/or interaction with other individuals;
12. Risks associated with participants having free and/or independent time before, during, and after Activities. At all times, all participants share in the responsibility for their own wellbeing;
13. Risks associated with rafting, kayaking, or other boating, including encountering swift or cold water; the presence of unknown obstacles such as boulders, trees, holes, and reversals; the risk that a vessel may overturn or sink; the risk of falling overboard; impacting the lake or river bottom; being swept into a river current; experiencing a boat capsize or collision; and risks associated with Personal Flotation Devices, including that it does not properly fit, it may not be available, is not properly secured, or contains a defect that may impact its ability to function;
14. Risks associated with using Vista Verde’s Pool or hot tub (collectively, “Pool”), including the risk of being in a Pool without a lifeguard who could perform immediate emergency services that may become necessary or enforce Pool rules and regulations; drowning or other injuries such as concussions; injuries from falling or water inhalation; risks associated with soaking in hot water; swimming in water depths beyond participant’s ability; and violating Pool rules and regulations such as diving or other behavior that could cause injury or even death;
15. Risks from using Vista Verde’s exercise gym, including partaking in weight lifting, running, walking, swimming, cycling, or use of any of the cardio equipment, which could cause various illnesses, injuries, or even death;
16. Risks from rock climbing including the possibility of slipping and falling partway or to the ground; burns; pinches; jolts; losing grip on the rock or a climbing hold; impacting the rock face, objects or people; being hit by rock or debris fall from above; loose or damaged climbing holds; and equipment failure or misuse;
17. Risks associated with travelling in a van, motor coach, bus, snowmobile, or other vehicle including driver error; hazardous road or trail conditions; weather conditions; vehicle equipment failure; motion sickness; difficulties associated with navigation; or any other issue that may arise while a passenger in a large moving vehicle;
18. Risks associated with bicycling and/or mountain biking, including the possibility of failed equipment such as the bike gear or helmet; hazardous and unpredictable road or trail conditions; the impact of other cyclists, motor vehicles or animals; the possibility a rider could lose control of the bicycle; and the impact of harsh weather conditions;
19. Risks associated with skiing, snowboarding, tubing, sleigh riding, ice fishing, and other similar Activities (collectively, “skiing”), including changing weather conditions; snow conditions as they exist or may change, such as ice, hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up snow, and machine-made snow; surface or subsurface conditions such as bare spots, forest growth, rocks, stumps, streambeds, cliffs, extreme terrain, and trees, or other natural objects, and collisions with such natural objects; impact with lift towers, signs, posts, fences or enclosures, hydrants, water pipes, or other manmade structures and their components; variations in steepness or terrain, whether natural or as a result of slope design, snowmaking or grooming operations, including roads, freestyle terrain, jumps, and catwalks or other terrain modifications; collisions with other people; the failure of participants to ski and/or to utilize trails or runs within their ability; and failure of participant to follow rules and regulations of ski facility;
20. Risks associated with hot air ballooning including weather conditions, which could cause the balloon to be becalmed over unfavorable landing sites, a high wind landing, loss of control due to sudden gusts or wind shear, and sudden loss of visibility due to fog or precipitation. Non-weather related risks include threats posed by obstacles such as power lines or antennas, birds, trees, and other flying objects; equipment failure either on the ground or in the air; and field conditions, such as the presence of animals or poisonous snakes or insects, and unpredictable surface and subsurface conditions;
21. Risks of camping, including the risk of gas explosion, scalding or other burns associated with tending to, being near, or cooking over an open fire or gas or propane stove. Food and water is provided by vendors, restaurants or others with risks of contamination or allergic reaction. Camp sites may be subject to falling trees and/or branches, floods, harsh and unpredictable weather, wildlife disturbances and encounters, insect bites, and other hazards; and
22. The risk that equipment (whether participant’s own or equipment borrowed, rented or purchased from Vista Verde or others) may not fit, may be misused or may break, fail, malfunction, or may be inappropriate or not intended for the Activity for which it is being used. Participants assume full responsibility, on their own behalf and on behalf of their child, for choosing appropriate equipment and for the fit and condition of their equipment. If a participant does not use a helmet or other safety gear, the participant (and the participant’s child) acknowledges and assumes responsibility for any increased risks. NOTE: Helmets and other safety gear while horseback riding, boating, bicycling, rock climbing, snowmobiling, skiing, and other Activities may prevent or lessen injuries in some instances; however, use of safety gear does not guarantee safety, and injury can occur even while using this gear.
The above-listed and other risks may result in participants: falling partway or falling to the ground or into the water; being struck by, colliding with or impacting objects, people or animals; experiencing vehicle collision, capsize or rollover; getting caught or entangled in objects above or below water; reacting to high altitudes, weather conditions or increased exertion; becoming lost or disoriented; suffering gastro-intestinal complications or allergic reactions or experiencing other problems. These and other circumstances may cause or lead to heat or cold-related illnesses or conditions (such as hypothermia, frostbite, cold water immersion, hyperthermia or heat exhaustion/stroke), dehydration, hyponatremia, drowning, high altitude sickness, heart or lung complications, paralysis/other permanent disability, broken bones, concussions or other head injuries, cuts, wounds, sunburn/other burns, mental/emotional trauma, illnesses (including contracting animal/insect borne or contagious diseases) or other injury, damage, death or loss.
I (participant and/or parent of a minor participant) acknowledge and agree:
- To honestly and accurately complete all Vista Verde registration forms and obey all rules and other policies;
- To disclose to Vista Verde representatives any mental, physical or emotional conditions or limitations which may affect participant’s ability to participate, and represent that participant is fully capable of participating without harming him or herself or others;
- Vista Verde staff members are, and have been, available if I have further questions about the Activities or the associated risks. Parent/s give permission for their child to participate in all Activities and agree to discuss the nature of these Activities and risks with their child;
- Vista Verde may contract with individuals or organizations that are independent contractors (not employees or agents of Vista Verde) to provide or conduct some of the services and Activities participants will engage in. Vista Verde does not supervise or control these contractors and is not legally liable or responsible for their conduct;
- If participant is borrowing new or used equipment from Vista Verde, the equipment comes "AS-IS," and Vista Verde disclaims all warranties, express or implied (including any conditions of merchantability or fitness for a particular purpose), regarding the equipment;
- The information provided above is not complete, other unknown or unanticipated activities, risks, and outcomes may exist, and Vista Verde cannot assure participant’s safety or eliminate any of these risks; during all Activities, all participants share in the responsibility for their own well-being.
Participant is voluntarily participating with knowledge of the risks. Therefore, participant (and parent of a minor) assumes and accepts full responsibility for the inherent and other risks (known and unknown, described above or otherwise) of the Activities and for any injury, damage, death or other loss suffered by participant (and parent of a minor) including the risk of participant’s own negligence or other misconduct.
RELEASE AND INDEMNITY AGREEMENT
Please read carefully. This Participant Acknowledgement and Assumption of Risks & Release and Indemnity Agreement contains a surrender of certain legal rights. I (adult participant, or parent for myself and for and on behalf of my participating minor child) agree as follows:
1) TO RELEASE AND AGREE NOT TO SUE VISTA VERDE, with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (hereafter collectively “claim” or “claim/s”), for any injury, damage, death or other loss in any way connected with my/my child’s enrollment or participation in the Activities. I agree here to waive all claim/s I or my child may have against Vista Verde, legally bind my/my child’s estate and any family member, heir, or other party bringing claim/s and agree that neither I, my child, nor anyone acting on my or my child's behalf, will make a claim against Vista Verde as a result of any injury, damage, death or other loss suffered by me or my child;
2) To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) Vista Verde with respect to any and all claim/s brought by or on behalf of me, my child, or spouse, or my/my child’s other family member/s, heir/s or estate, a co-participant or any other person for any injury, damage, death or other loss in any way connected with my/my child's enrollment or participation in the Activities. This includes any and all claim/s which may be presented by a medical care provider, insurer, or other third party as a result of medical care provided to me or my child before, during, or after the Activities, including transportation and evacuation costs.
This Release and Indemnity Agreement includes claim/s of or resulting from Vista Verde’s negligence (but not its gross negligence or willful or wanton misconduct), and includes claim/s for injury or death to me or my child (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim.
I (participant and/or parent of a minor participant) acknowledge and agree:
- I understand that Vista Verde reserves the right to dismiss the participant from the Ranch if it believes, in its sole discretion, the participant presents a safety concern or medical risk, is disruptive, or otherwise conducts him or herself in a manner detrimental to Vista Verde and other guests. If the participant is dismissed or departs for any reason, I am solely responsible for all costs of early departure whether for medical reasons, dismissal, personal emergencies, or otherwise.
- Unless I indicate otherwise below, I authorize Vista Verde and/or its agents, to photograph, film, record and/or otherwise capture the name, image, voice, written statement, photograph and/or visual likeness of me, my child and/or my other family members (collectively “images”), without compensation, for use in any media throughout the world in perpetuity, including for sale, reproduction, or display on the internet, in publications, and/or for any informational, promotional or other use. These images are the sole property of Vista Verde and I waive any inspection or approval rights.
- For any of Vista Verde’s equipment that I may utilize, I assume all risks of loss or damage to the equipment due to my own negligence or recklessness, and I agree to return such equipment to Vista Verde in the condition I received it, with the exception of normal wear and tear. Vista Verde will determine normal wear and tear and it reserves the right to charge the Participant for the cost to repair or replace all damaged equipment. All determinations made by Vista Verde are final. Equipment may only be used and operated in a careful and proper manner, pursuant to Vista Verde’s rules, restrictions and instructions, and if I am unfamiliar with the operation of any such equipment, I will ask Vista Verde personnel before operating such equipment.
- I authorize Vista Verde staff or other medical personnel to obtain or provide medical care for me/my child, to transport me/my child to a medical facility, and/or to provide treatment they consider necessary for my/my child's heath. I agree to the release (to or by Vista Verde) of any records necessary for treatment, referral, billing or insurance purposes. I agree to pay all costs associated with any such care and/or transportation, including medical and/or airlift evacuation and associated expenses.
- I agree that Colorado substantive law (without regard to its “conflict of laws” rules) exclusively governs this Document, any dispute I/my child have with Vista Verde, and all other aspects of my/my child’s relationship with Vista Verde, contractual or otherwise. I also agree that any legal proceeding relating to or arising out of the Activities, this Document, my relationship with Vista Verde or otherwise must be filed only in the courts located in Routt County, Colorado, which will be the sole jurisdiction and venue for any such legal proceeding. Before filing a lawsuit, I agree to first attempt to settle any dispute (not settled by discussion) through mediation before a mutually acceptable Colorado mediator.
- This Document is intended to be interpreted and enforced to the fullest extent allowed by law. If a court or any other appropriate authority finds any portion of this Document to be invalid, all other portions of this Document will remain in full force and effect and binding upon the parties.
PARTICIPANT AND/OR PARENT OF A MINOR PARTICIPANT AGREE:
I HAVE CAREFULLY READ, UNDERSTAND, AND VOLUNTARILY SIGN THIS DOCUMENT AND ACKNOWLEDGE THAT IT SHALL BE EFFECTIVE AND LEGALLY BINDING UPON ME, MY SPOUSE, PARTICIPATING CHILDREN, AND PARTICIPANT’S/PARENT’S OTHER FAMILY MEMBERS, HEIRS, EXECUTORS, REPRESENTATIVES, SUBROGEES, ASSIGNS, AND ESTATE. ALL PARTICIPANTS 12 YEARS OF AGE OR OLDER MUST SIGN BELOW. IF PARTICIPANT IS A MINOR (THOSE UNDER 18 YEARS OF AGE), ONE OF THE PARTICIPANT’S PARENTS OR LEGAL GUARDIANS MUST ALSO SIGN BELOW.
Today's Date: March 29, 2020