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NoLo MINING OFFICE BACKCOUNTRY HUT

WARNING AND ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY AND INDEMNITY

AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING.

THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

In consideration for my being permitted by Mosquito Pass, LLC, a subsidiary of North London Mill Preservation, Inc.

(“NoLo”), who owns and operates the North London Mining Office Backcountry Hut (“the NoLo Office”), and the owners of all property used, by easement or otherwise, to access and/or use the NoLo Office (“Property Owners”), to participate in the use of and travel to and from the NoLo Office, I acknowledge and agree to the following warning, waiver, release and indemnity.

I acknowledge that skiing, snowboarding, snowshoeing and/or other wilderness travel to and from the NoLo Office and use of high mountain huts in the winter have inherent risks, hazards and dangers for any user that cannot be eliminated, particularly in a wilderness environment in mountainous terrain at, near, or above treeline. I acknowledge that it is the hut user’s obligation to select the route that is appropriate for the user to and from the NoLo Office, which may be across public or private property, including without limitation the choice to use suggested routes.

I understand that these risks, hazards and dangers include without limitation:

(1) Risks arising from skiing, snowboarding, snowshoeing, and traveling in areas that are not patrolled, where terrain, property and trail conditions and snow conditions vary, are unpredictable and change, where objects are not marked and hazards may not be visible, and where slopes, roads and trails are not groomed, maintained or controlled, where weather is changeable and unpredictable and where avalanches occur;

(2) Risks involved in decision making and route finding in a wilderness environment in mountainous terrain; and risks of getting lost and of not reaching the NoLo Office;

(3) Risks arising from any activities, including without limitation, travel and overnight stays, at an altitude of 11,400 feet above sea level including without limitation, acute mountain sickness, high altitude cerebral edema, high altitude pulmonary edema, and other effects of altitude and altitude-related sickness;

(4) Risks arising from the use of a remote backcountry hut with a potentially unreliable communication system to allow communication with search and rescue and which is located in a wilderness environment in mountainous terrain where the functionality of any user- owned or -operated communication technologies may be limited;

(5) Such other risks, hazards and dangers that are integral to the sport of skiing, snowboarding, snowshoeing, and other activities and engaging in such activities and wilderness travel in the winter in a wilderness environment in mountainous terrain along access routes and other areas selected by the user.


I have read the information provided to me by Mosquito Pass, LLC and/or NoLo through my group leader concerning the use of the NoLo Office. I also acknowledge that representatives of Mosquito Pass, LLC and/or NoLo have been available to more fully explain to me the risks, hazards and dangers of skiing, snowboarding, snowshoeing, winter travel to and from and use of the NoLo Office. I understand that skiing, snowboarding, snowshoeing, and other forms of travel to and use of the NoLo Office in a wilderness environment in mountainous terrain and on routes chosen by the user may require good physical conditioning and a degree of skill and knowledge different from other types of skiing, snowboarding, snowshoeing and other winter activities. I understand that I have responsibilities as a backcountry user and backcountry traveler in the winter. I AM VOLUNTARILY USING AND ACCESSING THE NoLo OFFICE WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS AND/OR DEATH.


NoLo MINING OFFICE BACKCOUNTRY HUT WARNING AND ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING.

THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

Lastly, I, for myself, my heirs, successors, executors and subrogors, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS MOSQUITO PASS, LLC, NoLo AND PROPERTY OWNERS, their directors, officers, agents, employees, and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees) and ORDINARY NEGLIGENCE OF ANY KIND OR NATURE, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, and/or death to my person or my property as a result of my traveling to and from and use of the NoLo Office, and using property owned by the Property Owners to travel to and from and use of the NoLo Office, the use of their information services and skiing and traveling in a wilderness environment in mountainous terrain, whether such damage, loss, injury, paralysis, and/or death results from ORDINARY NEGLIGENCE of Mosquito Pass, LLC, NoLo and the Property Owners or any of them, their directors, officers, agents, employees and volunteers or from some other cause. This release is intended to be a comprehensive release of liability but is not intended to assert defenses that are prohibited by law.


In the event I am a group leader, I agree to save and hold harmless, indemnify, and forever defend Mosquito Pass, LLC, NoLo and Property Owners, their directors, officers, agents, employees and volunteers from and against any claims, actions, demands, expenses, liabilities (including reasonable attorneys’ fees) and ORDINARY NEGLIGENCE made or brought by any member of my group or brought by anyone on behalf of said member, including minors, who has not signed, or had signed by a parent or guardian, and delivered to Mosquito Pass, LLC and/or NoLo a “NoLo Mining Office Backcountry Hut Winter Use, Warning And Acknowledgement Of Risk, Release Of Liability And Indemnity Agreement,” as a result of said member’s travel to and from and use of the NoLo Office, the property and facilities of NoLo and Property Owners.

I, whether individually or as a group leader, for myself, my heirs, my successors, executors and subrogors, further agree not to sue Mosquito Pass, LLC, NoLo and Property Owners, their directors, officers, agents, employees, or volunteers, as a result of any injury, paralysis and/or death suffered in connection with my use of the NoLo Office or the traveling and skiing to and from the NoLo Office. I acknowledge that access through and across private property has been granted by permission of the Property Owners consistent with the Colorado Recreational Use Statute, C.R.S. §§ 33-41-101, et seq., as it may be amended from time to time.


I acknowledge that if for any reason, medical or otherwise, I cannot go on the trip I have paid for, and it is within the 30-day cancellation date, I am NOT eligible to receive a refund or credit.


First Participant's Name

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Second Participant's Name

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Third Participant's Name

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Fourth Participant's Name

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Fifth Participant's Name

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Seventh Participant's Name

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Eighth Participant's Name

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Tenth Participant's Name

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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

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Person Who Made the Reservation
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 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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