I (Client), hereby acknowledge that I have voluntarily chosen to participate in the activities of backcountry safety education, avalanche education, backcountry skiing, backcountry snowboarding, snowshoeing, cross-country skiing, telemark skiing, hiking, backpacking, bicycling, rock climbing, mountaineering, and/or orienteering with equipment and/or activities and services provided by CAG Operations, LLC, dba Colorado Adventure Guides (any one, or combination of or all of which are referred to herein as the “OUTFITTER”),
1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular skills, equipment and personal discipline may reduce this risk, the risk of serious injury does exist; and,
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation.
3. I willingly agree to comply with the stated and customary terms and conditions. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the Company immediately; and,
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS OUTFITTER , their officers, shareholders, managers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises or equipment used for the activity (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property associated with my presence or participation, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law.
I understand and agree that any bodily injury, death or loss of personal property and any expenses thereof as a result of my negligence, of my family or minor children participating in any scheduled or unscheduled activities as contemplated herein are my responsibility.
I understand and agree that the activities of backcountry safety education, avalanche education, backcountry skiing, backcountry snowboarding, snowshoeing, cross-country skiing, telemark skiing, hiking, backpacking, bicycling, rock climbing, mountaineering, and/or orienteering involve numerous risks of injury and possible death that are my responsibility and I fully assume these risks, including but not limited to loss of control, collisions and/or obstacles whether they are obvious or not. I and/or my family also understand that bicycles, snowshoes, skis, harnesses, and all other equipment, irrespective of regular maintenance, stand the chance of malfunction, which is an inherent risk to be assumed by each participant in the aforementioned activities, and I agree to assume that risk.
I understand that I may encounter variations in terrain and weather that are my responsibility and I assume these risks including but not limited to creeks, water bridges, traveled and un-traveled roads, marked and unmarked trails, wild animals, stumps, forest growth, debris, rocks, cliffs, Acts of God and other obstacles whether they are obvious or not, man-made or natural.
I understand that I am solely responsible for any and all bodily injury, death or loss of property and any expense thereof as a result of traveling to, from, or between scheduled or unscheduled activities contemplated hereby or connection with any activity or function of Outfitter, whether or not such transportation is provide by me or by Releasees.
I understand and agree that any route or activity, chosen as a part of the sport in which I and/or my family am/are participating may not be the safest but has or will be chosen for its interest, challenge, or best meeting the goals or the services for which I am contracting.
I understand that the activities that I am participating in may be photographed or video recorded solely for releasees’ promotional purposes.
AS LAWFUL CONSIDERATION FOR BEING PERMITTED BY OUTFITTER TO PARTICIPATE IN THE ACTIVITIES OF BACKCOUNTRY SAFETY EDUCATION, AVALANCHE EDUCATION, BACKCOUNTRY SKIING, BACKCOUNTRY SNOWBOARDING, SNOWSHOEING, CROSS-COUNTRY SKIING, TELEMARK SKIING, HIKING, BACKPACKING, BICYCLING, ROCK CLIMBING, MOUNTAINEERING, AND/OR ORIENTEERING, I DO HEREBY RELEASE FROM ANY LEGAL LIABILITY, AGREE NOT TO SUE, CLAIM AGAINST, ATTACH THE PROPERTY OF OR PERSECUTE, AND FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE OUTFITTER, INCLUDING ANY OF ITS EMPLOYEES, OWNERS, CONTRACTORS, AGENTS, CAG OPERATIONS, LLC, COLORADO ADVENTURE GUIDES, TOWN OF BRECKENRIDGE AND THE UNITED STATES FOREST SERVICE, FOR ANY INJURY OR DEATH CAUSED BY OR RESULTING FROM MY PARTICIPATION IN THE ACTIVITIES DESCRIBED ABOVE, WHETHER OR NOT SUCH INJURY OR DEATH WAS CAUSED BY THEIR NEGLIGENCE OR FROM ANY OTHER CAUSE.
This contract shall be legally binding upon me, my heirs, my assigns, my legal guardians and my personal representatives. I have carefully read this agreement and fully and completely understand its contents. I am aware that I am releasing certain legal rights that I, my family, or my minor children may otherwise have, and I enter into this contract in behalf of myself and/or my family or minor children voluntarily and of my own free will.
NOTICE: THIS IS A RELEASE OF LIABILITY. DO NOT SIGN OR INITIAL THE RELEASE IF YOU DO NOT UNDERSTAND OR DO NOT AGREE WITH ITS TERMS. IF UNDER EIGHTEEN (18) YEARS OF AGE, SIGNATURE OF PARENT OR GUARDIAN IS ALSO REQUIRED. I HAVE READ THIS RELEASE OF LIABILITY, AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT
Today's Date: September 25, 2020