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, ice 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, ice 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, ICE 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. Rental or Equipment Use Indemnity Agreement. “Renter” or “I” means the individual using the equipment listed on this form (“Equipment”) or, if the user is a minor, their parent or guardian. By signing this form, I acknowledge that I am the Renter, or if the renter is a minor, I am the renter’s parent or guardian. I understand that skiing and snowboarding using the Equipment, traveling in the backcountry, riding a ski lift or using ski area facilities, for any purpose (“Activity”), is hazardous and presents a risk of physical injury, property damage, and/or death. The period of the rental of equipment listed on this form is the “Rental Period”.
EQUIPMENT USE OR RENTAL - I agree that the Equipment is listed and rented on an “AS IS” basis and with NO WARRANTIES, and I accept full responsibility for any damage caused to the Equipment during the Rental Period. I agree that I am to return the Equipment at the end of the Rental Period, and agree to pay all incurred costs, damages and losses, including late fees, repair or replacement at full retail value, and loss of business and profits, in the event of any delay or the return of damaged Equipment. I agree that I will be the only person using the Equipment and I will not permit any other person or third party to use the Equipment. I hereby confirm that no misrepresentations have been made to Colorado Adventure Guides (or any of its agents or employees) in the statements regarding my height, weight, age, skier type, and knowledge of backcountry travel and safety stated on this form and I confirm that I understand that proper binding settings depend upon the accuracy of such statements. I acknowledge and agree that (i) I have received all necessary instruction regarding the use of this Equipment; and (ii) I fully understand the Equipment and how to use it. ASSUMPTION OF RISK - I EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH USING THE EQUIPMENT FOR PARTICIPATION IN THE ACTIVITY, which includes but is not limited to: equipment malfunction, failure or damage; variations in terrain; existing and changing trail, surface and weather conditions; avalanches; rocks, stumps, trees, cliffs and other mountainous terrain; loss of control; creeks or rivers; misloading, entanglements, or falls from ski lifts; collisions or incidents with objects, wild animals, other trail users, structures, snowmobiles and other vehicles; negligence of other individuals; Acts of God; whether obvious or not, man-made or natural. I understand that I have represented that I have the physical ability and knowledge to travel in the backcountry, including proper avalanche training; knowledge of backcountry safety, including avalanche and risk mitigation; and carry and know how to properly use backcountry safety items; including, but not limited to, beacon, shovel, and probe. I acknowledge that “the Equipment” is related to “the Activities” that involve inherent risks and dangers that may cause serious injury and possible death to participants. I fully understand the risks and dangers associated with my participation in “the Activities” and the use of “the Equipment” and accept the same entirely at my own risk. I ACCEPT THAT THERE ARE INHERENT RISKS ASSOCIATED WITH BACKCOUNTRY USAGE, including avalanches; rapidly changing weather and conditions; and marked and unmarked obstacles and terrain features, both natural and man-made. I understand that backcountry terrain is not managed nor are risks mitigated. I understand that rescue from backcountry terrain is challenging, and removal may not be rapid. This includes my rescue or removal for, without limitation, injury; equipment malfunction, failure, or loss; or changing weather and terrain conditions. I UNDERSTAND THAT I AM FULLY RESPONSIBLE FOR ANY AND ALL COSTS, DAMAGES OR LOSSES INCURRED BY PARTICIPATING IN THE ACTIVITY, INCLUDING ANY PERSONAL INJURY COSTS TO ME OR ANY THIRD PARTY AND ANY PROPERTY DAMAGE TO THE EQUIPMENT OR THIRD-PARTY PROPERTY DAMAGE. WAIVER OF LAWSUIT/LIABILITY - IN CONSIDERATION OF BEING ALLOWED TO RENT/USE ACTIVITY EQUIPMENT, I on behalf of myself, my spouse, my heirs, personal representatives or assigns forever release and waive my right to bring suit against CAG Operations LLC, all manufacturers and distributors of this equipment, all of their respective parent, affiliated, subsidiary and partner companies, respective insurance companies, land management agencies, manufacturers and distributors of this equipment, successors in interest, sponsors, agents, employees, representatives, assignees, officers, directors, members, manager and shareholders (each a “Released Party”), in connection with (i) any all claims for personal injury or death; or (ii) damage to, loss of, or theft of property arising from my rental of Equipment and/or participating in the Activity, including those injuries and damages caused by any Released Party’s alleged or actual negligence or breach of any expressed or implied warranty or breach of any statutory or other duty of care. It is understood that negligence includes failure to act on the part of any Released Party to take reasonable steps to safeguard or protect me from the risks, dangers and hazards of the Activity or use of the Equipment, which includes, without limitation, accessing terrain which is above my ability, my failure to properly utilize the Equipment, or my failure to adequately analyze avalanche dangers and risk.
I, on behalf of myself, my spouse, my heirs, personal representatives or assigns, understand that this waiver means I, my spouse, my heirs, personal representatives or assigns, give up their right to bring any claims including for personal injuries, death, property loss, or any other loss, including but not limited to claims of negligence and give up any claim I, on behalf of myself, my spouse, my heirs, personal representatives or assigns, may have to seek damages, whether known or unknown, foreseen or unforeseen.
I assume full responsibility for any injury or loss, including death, which I may suffer, arising in whole or in any part from the use of the Equipment and/or participation in the Activity. I agree to pay all costs and attorneys’ fees incurred by any Released Party in defending a claim or suit brought by me, or on my behalf, or as a result of my use of the Equipment and/or participation in the Activity and to indemnify the Released Parties for all liability and claims, including attorneys’ fees, arising from any losses, damages, whether known or unknown, foreseen or unforeseen, from any property damage to the Equipment or any claim brought against a Released Party pursuant to this Agreement. I agree that any and all claims for loss, injury and/or death or otherwise regarding an alleged incident shall be governed by the law of the State of Colorado, without regard to conflicts of law provisions therein, and exclusive jurisdiction of any claim shall be in a court of competent jurisdiction in the State of Colorado. 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: October 9, 2024 |