READ CAREFULLY BEFORE SIGNING. THIS FULL RELEASE IS AN ENFORCEABLE CONTRACT BETWEEN YOU AND HERITAGE SPORTING CLUB LLC. IT INCLUDES A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
In consideration of being allowed to access and use, in any way, Milton Reservoir and the surrounding premises
(collectively, the “Lake Property”), you acknowledge and agree as follows:
I. POTENTIAL RISKS. USE OF THE LAKE PROPERTY INVOLVES RISKS. IT IS NOT POSSIBLE TO COMPILE A COMPLETE
LISTING OF THE RISKS. HOWEVER, THEY INCLUDE THE POSSIBILITY THAT YOU MAY SUFFER SERIOUS, EVEN FATAL,
INJURY OR ILLNESS. THE USE OF ALCOHOL MAY INCREASE YOUR RISKS. Known risks include:
• Rocks, roots, vegetation, steep slopes, and unstable soils may create tripping and slip and fall hazards. High fast-moving water, deep water, uncertain bottoms, ice and mud.
• Weather is unpredictable and changes quickly. Lightning strikes, blizzards, heavy rain, hail, high winds, landslides,and wildfires are possible. Water may from time to time contain harmful bacteria or parasites.
• Equipment at the Lake Property may break, fail, or malfunction. Hazardous material hidden in all areas of blinds, pits and club materials having faulty construction. There are no lifeguards at the Lake Property. There are no rescue vehicles or medical facilities at or near the Lake Property. There are no trained security personnel at the LakeProperty.
• The risk of injury from ammunition and being shot from other guns. The risk of handling firearms and or being nearothers that have firearms in their possession. The risk of ear damage from noise
• Walking in rugged country, including encounters with wildlife, animals, insects, poisonous snakes and plants.
• Physical stress.
• Unclear property boundaries and it is hunter responsibility not to trespass.
II. YOU ASSUME ALL RISKS. YOU VOLUNTARILY, KNOWINGLY, AND FREELY ASSUME, AND TAKE FULL RESPONSIBILITY FOR ALL RISKS, KNOWN AND UNKNOWN, RELATED TO YOUR ACCESS TO AND USE OF THE LAKE PROPERTY. SUCH RISKS INCLUDE THE POSSIBILITY THAT HERITAGE SPORTING CLUB MAY BE NEGLIGENT, RESULTING IN INJURY TO YOU OR YOUR PROPERTY.
III. YOU RELEASE ALL CLAIMS AGAINST THE LAKE OWNER AND OPERATOR. YOU, for yourself and your heirs, assigns, personal representatives, and next of kin, RELEASE, INDEMNIFY, AND HOLD HARMLESS the Lake Owner and Operator from any and all causes of action (including but not limited to negligence), claims, demands, losses, expenses (including attorneys’ fees and costs) and liability arising out of or related to any INJURY, DISABILITY, or DEATH that you may suffer, or loss of or damage to property (including theft by third parties), arising directly or indirectly from your access to or use of the Lake Property.
IV. IF YOU ARE A PARENT OR LEGAL GUARDIAN OF ANY GUEST WHO IS YOUNGER THAN 18 (“CHILD”),YOU ASSUME ALL RISKS AND RELEASE ALL CLAIMS ON BEHALF OF YOUR CHILD. If you are the parent or legal guardian of a Child, YOU ASSUME ALL RISKS AND RELEASE ALL CLAIMS on behalf of your child and your child’s heirs, assigns, personal representatives, and next of kin in the same way and to the same extent as you did for yourself in
Sections II and III.
V. IF YOU CAUSE DAMAGE TO THE LAKE PROPERTY, YOU AGREE TO PAY FOR ITS REPAIR. If you (or, if you are a parent or legal guardian, your child) cause damage to the Lake Property (including equipment, natural features such as trees and slopes, or fish), you agree that you will pay all costs and expenses associated with its repair or replacement (“Repair Costs”), including the costs of collection of the Repair Costs, which may include court costs and attorneys’ fees.
VI. THIS FULL RELEASE IS INTENDED TO PROTECT THE LAKE OWNER AND OPERATOR FROM LIABILITY FOR INJURIES TO YOU, YOUR CHILDREN, AND YOUR PROPERTY TO THE MAXIMUM EXTENT ALLOWED BY COLORADO LAW. The undersigned has/have read this Full Release and understand its terms. This Full Release is executed freely and voluntarily, with full understanding that the undersigned is/are giving up substantial legal rights.
I acknowledge I have read the above agreement and understand that I am bound by theterms thereof by placing my signature hereon.