I understand and acknowledge that I have voluntarily agreed to participate in the trip/activity with the knowledge and understanding of the numerous risks and dangers involved, both known and unknown, including, but not limited to: exposure to the natural elements, which may include heat, extreme cold and high altitude, snow, sleet and rain; close personal contact, including the possibility of unwelcome touching, and dependence on other participants and staff; injury from (a) dangerous activities and/or contact with animals, (ii) carelessness of other participants and staff, or (iii) failure of equipment and/or structures. I also understand that incidents may occur in remote places which may be many hours from medical facilities. These risks and hazards are inherent in the trip/activity; I understand and acknowledge that the above list is not complete or exhaustive and that other hazards and risks, known and unknown, may result in loss or damage to personal property, emotional and other personal injuries, including falls, abrasions, sprains, breaks, permanent disabilities and, in extreme cases, even death.
I represent that I have no medical or emotional condition which may adversely affect my participation in this trip and its associated activities, or which may cause me to be a danger to myself or others. I understand that it is my responsibility, and mine only, to determine my suitability, medical and otherwise, for participation in the trip and its associated activities.
ACKNOWLEDGEMENT AND ASSUMPTION OF ALL RISKS
I acknowledge, and assume all risks of participation in the trip, its activities and the environment in which it is conducted, whether or not these risks are inherent, and whether or not they are described above. I understand that in order to participate in the trip/activity, I must, and I hereby do, give up and irrevocably waive any and all rights I have or may ever have to hold Devil’s Thumb Ranch Operating Company Inc., DTR Horse Operations, LLC, Colorado Mountain Resorts Investors, LLC, Grand County Ranches, LLC, Rams Curl Ranch LLC, Quad Ranches LLC, and any of their owners, agents, employees, officers and directors liable for any injury or damage which I may suffer. I ASSUME THE RISK OF ALL LOSS, DAMAGE, INJURY, OR DEATH suffered which may in any way arise from or be associated with participation in any exercise or activity, or the use of the equipment and facilities of Devil’s Thumb Ranch and DTR Horse Operations, LLC.
Without limiting the foregoing, I specifically acknowledge the risks associated with horseback riding, wagon/sleigh rides, or any stables-related activities as well as the use of property, animals and stables facilities, the unpredictability of animals and the risk of handling firearms and being near others that have firearms in their possession.
Without limiting the foregoing, I specifically acknowledge the risks associated with the Zip Line Challenge Course and that the course includes instruction, and moderate to strong physical exertion on high element challenge courses, including a network of cables, ropes, swings and platforms, as high as 80 feet off the ground, over and on which I may walk, swing, and otherwise move with or without the assistance of other persons. I understand that I have voluntarily agreed to participate in the Zip Line Challenge Course.
AGREEMENTS OF RELEASE AND INDEMNITY
I HEREBY WAIVE, RELEASE FROM LIABILITY, AND COVENANT NOT TO SUE DEVIL’S THUMB RANCH OPERATING COMPANY INC., DTR HORSE OPERATIONS, LLC, COLORADO MOUNTAIN RESORTS INVESTORS, LLC, GRAND COUNTY RANCHES, LLC, RAMS CURL RANCH LLC, QUAD RANCHES LLC, OR THEIR OWNERS, AGENTS, EMPLOYEES, MANAGERS, OFFICERS AND DIRECTORS AND AFFILIATES FOR OR WITH RESPECT TO ANY AND ALL LIABILITY RESULTING FROM OR ARISING OUT OF PARTICIPATION IN THE ACTIVITIES OF THE TRIP AND/OR ACTIVITIES DESIGNATED ABOVE. This waiver, release and covenant not to sue extends to any and all claims, demands, complaints, causes of action, costs or expenses (including attorney's fees), which I may have now or hereafter acquire, known or unknown, contingent or liquidated, of any nature whatsoever, including negligence, arising from or which in the future may arise from, any of the causes noted and/or any act or omission of any individual, whether agent, owner, manager or employee of Devil’s Thumb Ranch Operating Company Inc., DTR Horse Operations LLC, a third party, an independent contractor or another guest at the facility. This waiver, release from liability and covenant not to sue shall be binding on me, and upon my heirs, personal representatives and all other successors in interest. It is intended that this waiver, release and covenant not to sue be interpreted as broadly and inclusively in scope as permitted by the laws of the State of Colorado, including C.R.S. 13-22-107.
Any and all disputes, claims, actions, causes of action or controversies of any kind or nature whatsoever arising out of or in connection with the trip or activity designated above including but not limited to any alleged negligence, tort, breach of contract, waiver, intentional conduct, medical care or treatment shall be resolved by arbitration with the American Arbitration Association, in Grand County, Colorado, pursuant to the Commercial Arbitration Rules of the American Arbitration Association. This agreement to arbitrate shall be specifically enforceable under the laws of the State of Colorado. Any lawsuit to enforce an arbitration shall be instituted solely in the State of Colorado, and this waiver and agreement shall be governed by Colorado law.
I HEREBY ACCEPT FULL LEGAL RESPONSIBILITY and shall defend, hold harmless and indemnify Devil’s Thumb Ranch Operating Company Inc., DTR Horse Operations, LLC, Colorado Mountain Resorts Investors, LLC, Grand County Ranches, LLC, Rams Curl Ranch LLC, Quad Ranches LLC, and their owners, employees, agents, managers, officers and directors and affiliates from any and all liabilities, damages to property or injuries sustained as a result of my participation in the trip/activity designated above.
I authorize Devil’s Thumb Ranch Operating Company Inc. to provide or obtain medical care for me in the event of an incident requiring medical attention, and I further authorize Devil’s Thumb Ranch Operating Company Inc. to exchange with any third-party medical care giver such information regarding my medical history or condition as may be deemed important to either of them.
I understand that the trip/activity and all aspects of it are purely voluntary and I may choose not to participate. I agree that I will follow all safety instructions. I further agree to allow Devil’s Thumb Ranch to use photographic or other images of me for marketing or any other purpose deemed reasonable by Devil’s Thumb Ranch.
I have carefully read this form, fully understand its contents, and sign it of my own free will. I verify that I have fully completed this form and that I have authority to enter into this form agreement. Should any part of this agreement be deemed not enforceable by a Court of competent authority, the remainder of the agreement shall nevertheless remain in full force and effect.
Dated: May 28, 2020