TODAY'S DATE: December 4, 2021
CAUTION: READ EACH SECTION OF THIS DOCUMENT CAREFULLY AND THOROUGHLY BEFORE SIGNING YOUR NAME.
In consideration of the services of Aspen Expeditions Worldwide, LLC (d/b/a Aspen Expeditions, San Juan Expeditions), Aspen Skiing Company, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "ASPEN"), I hereby agree to release, indemnify, and discharge ASPEN, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in foreign trips, guided ski trips, mountaineering, camping, rock and ice climbing, ziplines, slacklines, and outdoor adventure-based activities 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. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: Slipping and falling; being struck by rock fall, icefall or other objects dislodged or thrown from above; the use and potential or actual failure of climbing ropes and equipment; hazards of walking on uneven terrain; falling objects; exhaustion; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; and exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; limited visibility; open and vertical pits, confined spaces, entrapment, potential flooding, water hazards; rope burns; pinches, scrapes, twists and jolts that could result in scratches, bruises, sprains, lacerations, fractures, or concussions; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered; equipment failure; traveling to and from activity locations raises the possibility of any manner of transportation accidents; transmissible pathogen or disease; my own physical condition, and the physical exertion 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.
Furthermore, ASPEN personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's 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.
2. 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.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless ASPEN 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 ASPEN’s equipment or facilities, including any such claims which allege negligent acts or omissions of ASPEN.
4. Should ASPEN 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.
5. 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 ASPEN, I agree to do so solely in the state of Colorado and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. 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 ASPEN on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at ASPEN. 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.
SAN JUAN EXPEDITIONS CLIENT COVID HEALTH AND SAFETY GUIDELINES
- ALL clients/guests will follow county and state specific executive orders and social distancing guidelines, as well as Covid-19 WHO and CDC regulations
- While attending in person outdoor class, on your expedition, or with a member of our team, you must wear a CDC recommended mask when WITHIN 6’ OF OTHERS, especially while in snow pits with other guests
- Before, during, and after your class/trip you must wash your hands and/or use hand sanitizer, socially distance, not touch your face, and if you start to experience symptoms, leave and report them immediately to the San Juan Expeditions Covid Compliance Officer for contact tracing. Symptoms include loss of taste/smell, fever over 100.4, headache, cough, congestion, and shortness of breath
- All clients and guests must limit their potential exposure by staying at home as often as possible, avoiding non-essential indoor gatherings, and wearing a mask at all required times
- It is preferred that all out of town parties bunk/sleep in single occupancy rooms at all times or with the people they came with
- Car-pooling is discouraged, if required masks must be worn, sanitizer used, and windows must be open
- San Juan Expeditions will only be conducting courses on Zoom or outside. Exemptions for indoor instruction are extensive and require all clients/guests are tested prior
- If you test positive up to 10 days after your course, please report your test results to San Juan Expeditions for contact tracing. Please also do so if you are unmasked and within 6’ of someone who tests positive