Release of Liability/Agreement Not to Sue
“The Activities”: *UTV Tours, *Rafting *Zipline *Challenge Course *Via Ferrata *Disc Golf *Mountain Climbing *Outdoor Recreation
“The Released Parties”: Lawson Adventure Park & Resort, LLC, a Colorado limited liability company, dba
Lawson Adventure Resort, Denver Select Property, LLC, a Colorado limited liability company, Clear Creek County,
the City of Idaho Springs, DOI, BLM, Kremmling Field Office, and said entities’ respective members, managers, employees, volunteers, agents, affiliates, successors and/or assigns.
I, (and, if Participant is a minor, the Participant’s parent or legal guardian), hereby acknowledge that I have been informed, and I understand, that participating in the Activities involves risks. Certain risks are inherent in these Activities and cannot be eliminated. These risks can be the cause of loss or damage to my property, accidental injury, illness, or in extreme cases, permanent trauma or death. Among these risks are the following: (1) the nature of the Activity itself; (2) the acts or omissions of instructors, employees, and/or other participants; (3) latent or apparent defects or conditions in equipment and/or facilities; (4) weather; (5) contact with animals, plants and/or foods; (6) my own physical, mental or emotional condition; and/or (7) lack of first aid, emergency treatment or other services rendered. I understand and acknowledge that the above list is not complete or exhaustive, and that other risks, known or unknown, identified or unidentified may occur. I also acknowledge that I fully understand the nature and physical demands of these Activities and the inherent dangers associated therewith.
: Being aware that these Activities entail risk, I agree, covenant and promise and assume all responsibility or liability and risk for injury, death, illness, disease, or damage to property, real or personal, arising out of or in any way connected with my access upon the Released Parties’ property, participation in these Activities, use of any equipment or other personal property, and/or consumption of any food or beverages, all inclusive of the negligent acts or omissions of others, (collectively the “Potential Causes”).
: I hereby acknowledge and agree:
1. I agree to use the property, equipment and/or facilities of the Released Parties in accordance with the applicable rules and instructions. I acknowledge that the Released Parties make no warranties of any kind regarding such property, equipment and/or facilities. I agree to immediately replace, at my own expense, any such items I damage.
2. My participation in these Activities is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of, and with full knowledge of the risks. I hereby certify that I am fully capable of participating in these Activities.
3. To the fullest extent permitted by the applicable laws, I hereby voluntarily RELEASE AND FOREVER DISCHARGE the Released Parties from any and all liability, claims, inclusive of reasonable attorney's fees and costs incurred, demands, actions or rights of action, loss, damages, injury to persons or property, which are related to, arising out of, or in any way connected with the Potential Causes.
4. I agree, promise and covenant to WAIVE any and all rights, claims, causes of action or rights to a certain claim which I may have or acquire against the Released Parties with regard to the Potential Causes. I agree, promise and covenant NOT TO SUE, assert or otherwise maintain or assert any claim against the Released Parties for any injury, death, illness or disease, or damage to my property, arising out of or in any way connected with the Potential Causes. I further agree, promise and covenant to HOLD HARMLESS AND INDEMNIFY the Released Parties from any and all liability, claims, inclusive of reasonable attorney's fees and costs incurred, demands, actions or rights of action, loss, and/or damages, which are related to, arising out of, or in any way connected with my breach of this Release.
5. I understand that my likeness may be photographed and/or otherwise recorded while I participate in the Activities, and I hereby grant permission for the Released Parties to own, retain and use such photographs and/or recordings for any purpose associated with the operation and/or marketing of the Activities, without restriction, and without compensation to me.
6. I understand and acknowledge that by signing this document I have given up certain legal rights or possible claims which I might otherwise be entitled to assert or maintain against the Released Parties.
7. This Release shall apply, inure, and be binding upon me and/or any minors and/or other dependent persons in my control, and our respective heirs, personal representatives, administrators, successors and/or assigns.
8. I understand this Release is a binding contract that supersedes any other agreements or representations and that this release is intended to provide a comprehensive release of liability to the greatest extent permitted by law. If any part of this Release is deemed unenforceable by a Court of proper jurisdiction all other parts shall be given full force and effect.
9. I understand that this Release cannot be modified or changed in any way, except in a writing signed by the parties. This Release shall be governed by and construed under the laws of the State of Colorado. This Release contains the entire agreement of the parties, and no representations or promises not contained herein shall be binding or enforceable.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND THIS RELEASE. I AM COMPETENT AND DULY AUTHORIZED TO SIGN THIS RELEASE FOR MYSELF AND ANY OTHER STATED PERSONS. I AM AWARE THAT BY SIGNING THIS RELEASE I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I SIGN THIS RELEASE OF MY OWN FREE WILL.