In consideration of the services of GOALS, 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 "GOALS"), I hereby agree to release, indemnify, and discharge GOALS, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives and estate as follows:
1. ACKNOWLEDGEMENT OF DANGERS AND RISKS: I understand, acknowledge, and agree that participating in GOALS expedition (hereinafter the "Activity"), can be hazardous and involve the risk of physical injury and/or death. I understand, acknowledge, and agree that participating in the Activity involves certain known and unanticipated dangers and risks that cannot be eliminated or controlled by GOALS, the presence of which are integral to the adventurous nature of the Activity. The following list of dangers and risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property or to third parties is not exhaustive - I understand that there are many other dangers or risks associated with the Activity not listed below:
- Risks associated with boating and being around or in water, including: falling into water; water immersion including drowning; jolting or jarring resulting in contact with hard objects including oars and your own paddles or those of other participants, boating equipment, the body parts of other participants, and rocks; injurious contact with natural and man made objects; capsizing boats; becoming tangled in ropes; getting on and off the raft; getting trapped or caught beneath an overturned boat; foot entrapment; trapped limbs; knee, ankle, or other injuries resulting from the voluntary use of stabilizing foot cups present on the floor of some rafts; striking and/or becoming entangled with strainers or other objects under the surface of the water; failure to understand and follow guide or instructor instructions; hypothermia; physical over-exertion; mental or physical shock; boating equipment malfunction; slipping, tripping or falling around or from boats; burning associated with hot surfaces and sun; and errors in guide judgment, or lapse in guide skill.
- Risks associated with transport in a motor vehicle or aircraft, including: all commonly understood risks of riding in a vehicle; risks associated with riding in a vehicle in remote terrain on backcountry or 4-wheel drive roads; risks associated with approaching, entering, and riding in aircraft; and lapse in driver, guide or pilot judgment or skill.
- Risks associated with camping, hiking, or extracurricular activities including: rough trail; slipping, tripping or falling; potential for pinches, scrapes, twists and jolts, scratches, bruises, sprains, lacerations, fractures, concussions, or even more severe life-threatening hazards; allergen exposure; exposure to dangerous wildlife or insects; snake bites, bodily failure while carrying heavy objects; flying man-made objects such as balls, frisbees, gear, or equipment; exposure to fishing hooks and lines; injurious contact with your own fishing equipment or that of other participants; falling or slipping into the river while on shore; injury could occur through equipment failure, improper lifting or carrying, my own known or unknown physical conditions, and the physical exertion associated with this Activity; falling trees; moving objects associated with extreme weather; hail; lightning; flash flood; wildfire or uncontrolled camp or kitchen fire; food-borne bacteria or virus; water-borne bacteria or virus; kitchen or cooking related dangers; exposure to food allergens; landslides; rock-fall; mudslides; avalanche; and dangerous water crossings. A horse, regardless of its training and usual past behavior, may act unpredictably at times based upon instinct or fright which may cause you to be thrown from the horse or injured by the horse.
- Risks associated with being on an outdoors trip with other participants and relying upon guides or instructors, including: mentally or physically unstable or criminal trip participants; negligence by trip participants; all manner of outdoor injuries including brain injury, spinal injury, bone breaks, burn, internal injury, sickness or disease, exposure to airborne pathogens and viruses, including but not limited to contraction of Covid-19; hypothermia, heatstroke, sunburn, dehydration, hyponatremia, and high altitude injury; getting lost; errors in guide or instructor judgment or lapse in guide or instructor skill; inadequate or incorrect medical care; poorly executed or failed rescue attempts; dangerous contact with rescue vehicles, boats, or aircraft; failure or lack of communication equipment; inadequate or malfunctioning equipment; and mental, physical, or emotional injury or distress from exposure to any of the above.
- Risks associated with remote or foreign locations, including: accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered. Consumption of food or drink; the condition of roads, terrain, or highways and accidents connected with their use are risks that could be associated with this Activity. Foreign countries have their own laws and standards of acceptable conduct; food and water related illnesses; foreign political, legal, social, transportation, health, and economic conditions; different standards of design, safety, and maintenance of buildings, public places, and conveyances; local & medical facilities and providers; weather conditions; criminal activity, environmental hazards; standards of living and health standards that are not equivalent to life in the United States.
I understand that GOALS has done its best to list the known risks of participating in the Activity, but agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Activity. I am not relying on any prior oral, written, or visual representations made by GOALS, including in any website or promotional materials, to induce me to participate in the Activity. With all of the foregoing in mind, I assume full responsibility for my own safety.
2. ASSUMPTION OF RISK: I acknowledge and agree that I am choosing to take part in the Activity despite the dangers and risks of doing so, and freely choose to accept the risks of participating in the Activity. I recognize that property loss, physical or emotional injury, and death are all possible while participating in the Activity. I expressly acknowledge and assume all risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in the Acknowledgement of Dangers and Risks section above, that may result in physical or emotional injury, property damage, or death.
3. MEDICAL AUTHORIZATION: In the event of an accident or illness which requires medical care for this participant, I hereby 1) give permission to GOALS (officers, directors, employees, representative agents, volunteers, contract individuals, partnering outfitters and their staff, and all other persons or entities associated with it) to undertake any emergency medical care for me; 2) authorize GOALS to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agree that, following my transport to any such medical facility or hospital, the Released Party shall not have any further responsibility for me; 4) agree to pay all costs associated with the medical care, rescue, or any related transportation provided for me; and 5) shall hold GOALS harmless from any claims associated with such medical care and/or related transportation.
4. PHOTO AND VIDEO RELEASE: I hereby grant permission to the rights of my image, likeness and sound of my voice as recorded on audio or video devices without payment or any other consideration. I understand that my image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of my image or recording. I also understand that this material may be used in diverse settings within an unrestricted geographic area. Photographic, audio or video recordings containing my image, likeness and sound of my voice may be electronically displayed via the internet or in the public setting. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed. I acknowledge that any alterations to this agreement must be in writing and agreed upon by all parties.
5. INDEMNIFICATION OF PARTNERING SCHOOLS AND YOUTH ORGANIZATIONS. I recognize that GOALS is not associated directly with any school district or other youth organization from which GOALS groups are assembled. Participation by a group of youth from a particular school or other youth organization does not indicate direct involvement or acceptance of liability by such school districts or youth organization. I hereby agree to release, indemnify, and discharge such organizations from liability associated with all risks described within this agreement.
6. APPLICATION OF AGREEMENT TO MINOR PARTICIPANTS: In the case of a minor Participant, I, as parent or legal guardian, acknowledge that I am not only signing this Agreement on my behalf, but that I am also signing on behalf of the minor and that the minor shall be bound by all of the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, I understand that I am also waiving certain rights on behalf of the minor that the minor otherwise may have. I agree that but for the foregoing, the minor Participant would not be permitted to participate in the Activity, and sign this document out of a desire to have the Participant be allowed to participate in the activity. I represent that I am a legal parent or guardian of the minor Participant.
7. REPRESENTATION OF CAPACITY TO CONTRACT, AND ACKNOWLEDGEMENT THAT THIS AGREEMENT IS A BINDING CONTRACT. I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives, and those of the Participant.
Agreement to Application of Colorado Law and Selection of Forum: I agree that any and all claims for injury and/or death arising from my participation in the Activity shall be governed by Colorado law, and that the exclusive jurisdiction for any claim shall be in Jefferson County, without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction's conflicts of laws analysis.
8. MISCELLANEOUS PROVISION: If any sentence, clause, paragraph or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement can be modified only in writing. An electronic signature or acknowledgment of agreement upon this contract is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original.
By entering your initials below, you are committing that you - as the participant (if over the age of 18) or as the parent / legal guardian legally acting on their behalf - does hereby understand and agree to comply with the information presented in Section 3 - Participant Agreement, Release, and Assumption of Risk.