Country Boy Mine Ltd., Dragons & Explosions, LLC their employees, agents, directors, officers, sponsors, advertisers, volunteers, and contractors (hereinafter Country Boy) hope that you have a rewarding experience. We wish to inform our guests/renters that mine tours, sledding and the outdoors, (hereinafter Activities) are not risk free. The same elements that contribute to the unique character and fun of The Activities such as the physical exertion or the settings can cause loss or damage to equipment, injury, illness, or in extreme cases, permanent trauma, or death. We do not want to heighten or reduce your enthusiasm for the experience, but we do want you to know in advance what to expect, and to be informed of the possible risks. We ask that you read this, sign it, and return it to our office.
EXPRESS ASSUMPTION OF THE RISK
There are risks that accompany all aspects of life as well as Activities offered by Country Boy Mines. Some of these risks are inherent in the activity; some are changed, increased or decreased due to the activities of Country Boy. You must understand and accept all the risks of the activity, inherent and others.
Caving, Mine Tours or any underground exploration can be hazardous. The obvious accidents that occur in caving all falling, hypothermia and hitting your head. Whenever you fall, you may fall only a few feet or a long way down. As you fall you may hit objects or rocks in your path. Falling to the ground may cause serious injury because the floor is rocky and uneven.
In addition to the hazards of falling, objects falling off the rock or ceiling may hit you. Rocks, shoring, caving equipment, and even people may fall and hit you while caving. You will be wearing a helmet while in the mine Wear Your Helmet at All Times. Because of the light and the low ceilings, you can cause serious injury to your head by hitting the mine ceiling as you move about the mine. You may experience cuts or scratches from holding on to the rock.
Caving and Mine Tours occur in a wet environment. You will be crawling on your hands and knees, or on your stomach. You will be squeezing through tight enclosures. All of which cause you to get wet and muddy. Mine environments are usually around 430F. The wet and cold conditions may lead to hypothermia. Hypothermia is the name for a medical condition where the core body temperature drops to a point that the body is unable to maintain and heat itself.
Any time you are hiking or walking around in the outdoors, there are risks to be encountered which you need to understand. This is true if you are from an urban environment and are not used to the changes in the terrain, environment and conditions within the hiking area.
Travel by foot is over rugged, unpredictable trail and off-trail terrain, including boulder fields, downed timber, snow and icy slopes, steep slopes, and slippery rocks. Attendant risks include collisions, falling; sliding into objects and others usually associated with such travel.
The most important thing to remember is to be prepared in advance. You will need plenty of water, rain gear, sun protection and good hiking shoes. Whenever you are hiking you will be crossing uneven terrain, stepping on unstable rocks or crossing streams. Footing will be unstable and difficult. You can slip and fall while hiking. The trails that you will be traversing may be next to cliffs or dangerous. You may be hiking up and down hills.
Sledding and/or tubing are fun winter activities. Sledding can involve a wooden sled with metal runners, metal sleds with plastic skis through inflatable devices you lay on. Most sledding involves going downhill head first or in a sitting position. Some sleds are steerable to a minor degree. Sleds and Tubes have no way to brake or slow down. Tubing consists of sitting or lying down on an inner tube or inflatable device with no steering or breaking of any kind.
Whenever you are tubing or sledding, there is a chance you can be injured by hitting other sledders or tubers, objects or going over obstacles where you can lose control or go airborne. You can leave the trail and hit natural or man-made obstacles such as trees, rocks, lumps of ice, hay bales or other things. You can fall off your tube or sled suffering injury. While sledding and tubing you will be experience greater cold as the wind may chill you more than just the temperature. You can also be hit by other sledders or tubers on the way down or when you have stopped, and they have not. Before exiting your tube or getting off your sled, look around and make sure it is safe to stand up and walk to where you are going paying attention to other people coming down the hill.
Axe Throwing: Throwing a weighted sharpened object is risky. You can strain or sprain muscles throwing the axe or other objects. You will be handling a sharp object that if dropped could cut or injure you. The axe could bounce off anything and come back in your direction striking you causing injury or cutting you. Getting out of the way of a dropped or rebounding axe could cause to strain or sprain or other injuries. You could cut yourself on the sharp blade of the axe. Always handle the axe with care and as instructed by the staff.
Equine is defined by state law but generally means any animal that carries people or gear. Equine can mean horses generally but can also include pony, mule, donkey, llamas, goats, or any other pack animal. Colorado Law protects owners of Equine animals from lawsuits.
Country Boy is not responsible for any alcohol or drugs (legal or illegal) you bring onto the premises, trip or activity. If you bring alcohol or drugs or consume alcohol or drugs on the premises, trip or activity you are responsible for yourself and those around you. Do not drink or use drugs and leave the premises. Drinking alcohol or using drugs to excess can lead to accidents, make you vulnerable and ill, or you may even suffer permanent damage. Drink Responsibly and use any drugs wisely.
It is also possible that some participants would suffer mental anguish or trauma from the experience or their injuries.
Travel to and from the Country Boy is incidental to the Activities. Accidents can occur during travel to and from the activity site.
This list is not an exclusive or exhaustive list of possible injuries; trauma or accidents that may occur while engaging in any of the Activities described above, or that you may encounter. Most of these injuries are rare, and you are not likely to encounter them. However, they have occurred, and you need to know about them and other possible injuries not mentioned above. These injuries occur more often when the participants are using drugs or alcohol or not physically able to undertake the activity.
You certify that you have reviewed this document with your family. You certify that you have examined the Country Boy website and looked at the information, risks and videos posted on the company website. You certify that your family, including minor children and yourself are fully capable of participating in the Activities. You state that you have read the above statement on some of the possible risks in this activity. Therefore, you assume full responsibility for yourself, your family, including minor children, for bodily injury, death, and loss of personal property and any expenses as a result of your negligence, negligence of your family, or the negligence of Country Boy. You hereby expressly consent and assume all risks of the activity for yourself and your family, including the risks associated with traveling to and from the activity. You also understand that country boy reserves the right to refuse any person it judges to be incapable of meeting the rigors and requirements of participating in the Activities. Your family and you are in good physical condition and able to undertake this activity. You understand and agree that this is a voluntary activity, and you are doing so for recreational purposes and do so voluntarily. If a Parent you agree to read and to explain to any minor all posted signs and warnings, including instructions on use of equipment as well as the risks outlined in this agreement and agree participants will obey all signs, and warnings posted and to obey instructions from staff.
I understand there are no refunds after delivery on unused equipment. I agree not to loan, rent or lease this equipment to any other person and only leased equipment will be accepted for return. I agree to return all equipment in the same condition as I have received it. I understand and agree that there will be a charge for cleaning or repairing any equipment returned dirty or damaged. I agree to reimburse and replace and lost, damaged or destroyed equipment. Cleaning and replacement charges are posted in the office.
All equipment must be returned no later than 4:00 PM. Late charges will be assessed of $10.00 for each piece of equipment returned late. I understand that additional charges will be incurred if Country Boy incurs additional time and expense in recovering lost or non-returned equipment.
I understand and agree to the terms of the rental agreement and the charges as they are posted and as set forth herein. I understand the Release of Liability Agreement I signed covers the risks of using this rental equipment.
CONTRACT, WAIVER, RELEASE, AND INDEMNIFICATION
For the opportunity of experiencing the Activities with Country Boy as consideration, you agree to waive any legal right to any claim and agree to indemnify and hold harmless Country Boy, its agents and employees, as set forth above, from all claims, damages, losses, injuries, and expenses arising out of or resulting from your family’s or your participation in these activities for all past, present or future claims, demands, and causes of action. This release of liability covers all risks of the activity and any negligence of Country Boy, including claims for negligent hiring, instruction, operation or other forms of negligence not normally associated with your Activities or associated with the business and employees. You agree that Country Boy has a subrogation/right to indemnification for your actions based on any permit, grant, contract or agreement with third parties. You further agree to release, acquit, and covenant not to sue Country Boy, its agents, and employees for all actions, causes of action, past, present or future claims or damages, damages in law or remedies in equity of whatever kind, including the negligence of Country Boy, negligence of another participant, or negligence of your family, yourself, or your heirs, against Country Boy arising out of participation in this program. This agreement covers the incidental transportation to and from the recreation location. In short, you cannot sue country boy or anyone else for any reason if you or your family or minor child may receive an injury, and if you do, you cannot collect any money.
This release shall not be superseded by any other agreement, nor shall this release supersede any agreement, whether there is any perceived inconsistency or not.
You agree to indemnify, agree to subrogation and to reimburse Country Boy for any damages, costs, fees or expense's Country Boy expends on you or your family's behalf, including the cost of any Search and Rescue or for any damages you may do to third parties. You understand this means you are the insurer for the Country Boy for any actions or damages, you or your family may incur.
You agree to the site of any lawsuit and the law governing any such lawsuit shall be Summit County COLORADO and governed by COLORADO law no matter the perceived or actual difficulties, deprivation of a meaningful day in court, or the harm to either party’s case or trial in Summit County COLORADO applying COLORADO Law. You understand and agree that you may be giving up the right to a deprivation of a meaningful day in court and that there are no extraordinary circumstances that would change that legal issue. You agree this forum selection clause applies to all claims, counterclaims, defenses and third-party claims brought by either party to this agreement.
The terms of this agreement shall continue and be, in effect, after the Activity has ended. No changes in this document are valid.
As liquidated damages, you hereby agree that if Country Boy is forced to defend any action, lawsuit or litigation or for breach of the covenant not to sue or the covenant of good faith and fair dealing, by yourself, your executors, or your heirs, on your family's or your behalf, your heirs or executors, and you agree to pay Country Boy’s costs and attorney's fees if they successfully defend such action, lawsuit or litigation. You understand and agree that you are indemnifying Country Boy for any claim you may bring or for any injury you receive. If you do, you will pay the Country Boy’s damages and costs, including attorney fees. Should any sentence, clause, paragraph, or part of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect. This release is intended to be interpreted as broadly as possible to affect the intent and purpose of the release. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties and all prior understandings or communications, electronic, online, written or oral, are superseded by this Agreement.
If you do not want to sign this release, you understand you cannot go to Country Boy, and you are free to go to other places, mine tours, sledding hills and outdoor experiences.
All members and guests are responsible for securing their own health insurance. Country Boy does not provide medical coverage for injuries sustained on the premises or while participating in Country Boy-sponsored activities and events, whether on the premises or not. You have adequate health, disability, and life insurance for your family and yourself.
You, of your own free will, for your family, your minor children, your heirs and executors and yourself, have read, understand and acknowledge the risks and liability for yourself and your family.
You acknowledge that you have received a Copy of this Document if you wanted one. You understand that you are signing this document electronically or may be signing this document electronically in the future. You understand and agree under state and Federal law; there is no difference between signing this electronically or in writing.
You Have Read and Understood this Agreement. You are Voluntarily Signing this Agreement. You understand you are giving up certain legal rights for yourself, your family and your heirs.
By signing this you understand you, your family and your heirs cannot sue for any reason. If you or anyone else sues because of your injury you, and they cannot collect any money. If anyone sues and loses you will owe us money.
You understand that pursuant to Colorado Revised Statutes § 13-22-107, this release is effective in preventing claims or litigation for injuries your child may receive.
March 29, 2023