In consideration of the services of Riversports INC/4 Corners Riversports, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “4CRS”), I hereby agree to release, indemnity, and discharge 4CRS on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows
1. I acknowledge that canoeing, kayaking, and stand up paddle boarding, entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself to property or to third parties.
2. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
3. I acknowledge that I have been provided with a US Coast Guard approved PFD and safety whistle with my rental and understand that I am required to wear both the PFD and whistle at all times while I am on the water as per Colorado State Law.
The risks include, among other things whitewater rapids will be encountered, your boat could turn over and/or you could have to swim rapids risking collision with rocks and entanglement in trees and other debris; head injuries can occur; you can slip and fall during a hike, resulting in damage to equipment or personal injury; exposure to the natural element can be uncomfortable and/or harmful, you should be aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, and heat cramps; also prolonged exposure to cold water can result in hypothermia; exposure to potentially dangerous wildlife insects, plants, and accidental drowning is also a possibility Furthermore, 4CRS employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participants fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
4. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks
5. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless 4CRS from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of 4CRS's equipment or facilities, including any such claims which alege negligent acts or omissions of 4CRS Should 4CRS or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have
6. In the event that I file a lawsuit against 4CRS, I agree to do so solely in the state of Colorado, and I further agree that the substantive law of Colorado shall apply in that action without regard to the conflict of law rules of that sate. I agree that if any portion of this agreement is found to be void or unenforceable, the renaming document shall remain in full force and effect.
7. I acknowledge that I am fully responsible for the loading and transport of any rental equipment from 4CRS. 4CRS is in no way responsible for any damage that may occur to my vehicle or other personal belongings in loading, unloading, or transport of rental equipment. I agree that while 4CRS employees may assist in loading of equipment, that I am ultimately responsible for ensuring the equipment is loaded and secured properly.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against 4CRS on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Date: December 8, 2023