PLEASE READ CAREFULLY. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. I, the undersigned (“PARTICIPANT”), fully understand and assume all dangers and risks associated with the use of any and all of the amenities (collectively, the “AMENITIES”) available at any time within the planned community project known as Summit Sky Ranch, located in the Town of Silverthorne, Summit County, Colorado or on adjacent areas subject to development and annexation to the planned community (collectively, the “PROPERTY”), including my participation in recreational activities within such amenities, such as fishing, hiking, boating, kayaking, canoeing, paddle boarding, biking, swimming, hot tub use, cross country skiing, sledding, snowshoeing, and any other recreational activities offered and available within the Property, and including those facilitated or hosted by THE SUMMIT SKY RANCH HOMEOWNER'S ASSOCIATION, INC., a Colorado nonprofit corporation (the “ASSOCIATION”), Maryland Creek Ranch, LLC or Maryland Creek Ranch Builders, LLC, each a South Dakota limited liability company (together, the “LLCs”), or by their respective members, agents, officers, directors, contractors, employees, successors, assigns and all others acting on behalf of the Association or the LLCs (collectively, the “RELEASED PARTIES"), and also including the voluntary consumption and/or use of alcohol by myself and/or any Permitted Users (as defined below), whether obtained or dispensed by myself, any staff of the Association, the Released Parties, or any third party. In consideration for being allowed to use such Amenities, I do hereby agree on behalf of myself (or in the case of a participant who is a minor, “I” means for myself as the parent or legal guardian, and on behalf of the minor) and my heirs, survivors, guardians, legal representatives, successors, heirs, next of kin, and assignees (collectively, the “RELEASING PARTIES”) and hereby WAIVE, RELEASE, HOLD HARMLESS, AND FOREVER DISCHARGE the Released Parties from any claims, or causes of action arising from the use of such Amenities, as more particularly set forth in this Waiver and Release of Liability, Assumption of Risk and Indemnification Agreement (this “RELEASE AND WAIVER”).
- ACKNOWLEDGEMENT OF RISK: I FULLY UNDERSTAND, ACKNOWLEDGE AND AGREE that: (i) use of the Amenities shall be subject to the terms and conditions of that certain Declaration of Covenants, Conditions and Restrictions of Summit Sky Ranch recorded in the real property records of Summit County, Colorado on March 8, 2017 at Reception No. 1135780 (as amended and supplemented from time to time, the “DECLARATION”) and all other documents governing the Property (collectively, as amended and supplemented from time to time, the “GOVERNING DOCUMENTS”; (ii) the Amenities may be unmanned and unsupervised; (iii) any employee, agent or contractor of Association or the LLCs, or any successor or assignee of Association or the LLCs, who may be present in the Amenities is not trained or authorized to provide instruction, health, fitness or medical assistance or other advice; and (iv) there are inherent hazards, risks and dangers with any recreational activity that may be performed within the Amenities and with any activity involving the consumption of alcohol, the outdoors, physical fitness, or exercise, despite the relative health, experience or level of fitness of the participant therein. I expressly acknowledge and assume the risks and dangers that may result in property damage, physical injury or death, including without limitation: equipment failure, equipment malfunction, equipment damage, slick or uneven surfaces, slipping, tripping, falling, stumbling, loss of balance, physical and mental impairment, bumps, holes, debris, marked and unmarked obstacles, colliding with a tree or rock, varying visibility, gun shot, unmaintained trails, uneven or unstable terrain, path and/or trail obstructions, icy conditions, others acting in negligent manner, collisions, falling objects, encounters with vehicles, lack of shelter, storms, poor weather, lightning, hail, snow, limited access to and/or delay of medical attention, dehydration, hypothermia, burns, altitude sickness, frostbite, concussions, broken bones, torn ligaments, getting lost, extreme temperatures, alcohol poisoning, adverse and allergic reactions, sunburn, tree falling, rock slide, landslide, bears and other wildlife, drowning, strong current, rocks and other unseen objects in water, collision or contact with paddles or oars, extreme water temperatures, water collisions, sledding collisions including collisions with others or objects concealed by snow, electrocution, disease, and mental distress from any of the forgoing.
- ASSUMPTION OF RISK: I ACKNOWLEDGE AND UNDERSTAND THAT USE OF THE AMENITIES SHALL BE AT MY SOLE RISK AND, TO THE FULLEST EXTENT ALLOWED BY LAW, I, FOR MYSELF AND THE RELEASING PARTIES, EXPRESSLY, KNOWINGLY, VOLUNTARILY, AND UNCONDITIONALLY ASSUME ANY AND ALL RISK OF PERSONAL INJURY, BODILY INJURY, ILLNESS, DEATH, PROPERTY LOSS, DAMAGE OR THEFT OR ANY OTHER CLAIMS (AS DEFINED BELOW) (collectively, “HARMS”) ARISING OUT OF, RESULTING FROM, IN CONNECTION WITH AND RELATED TO USE OF THE AMENITIES BY ME OR ANYONE I PERMIT TO USE SUCH AMENITIES (“PERMITTED USER(S)”).
- RELEASE OF LIABILITY: I HEREBY RELEASE the Released Parties from any and all responsibility or liability, even if arising from the negligence or carelessness of any Released Party. I understand that participation in the activities referenced above and the use of the Amenities may expose me and others to potential hazards, natural or man-made. I ACCEPT ALL LEGAL RESPONSIBILITY FOR my actions while using the Amenities and I, on behalf of myself and the Releasing Parties, hereby RELEASE, ACQUIT AND FOREVER DISCHARGE AND WAIVE ANY AND ALL PAST, PRESENT AND FUTURE CLAIMS, LOSSES, COSTS (INCLUDING, BUT NOT LIMITED TO, COSTS OF DEFENSE OR SETTLEMENT, ATTORNEYS’ FEES AND COURT COSTS), EXPENSES, LIABILITIES, DEMANDS OR CAUSES OF ACTION (collectively, the “Claims”), FROM AND AGAINST THE RELEASED PARTIES THAT ARISE OUT OF, RESULT FROM, OR ARE IN CONNECTION WITH: (A) ENTRY INTO AND/OR USE OF THE AMENITIES BY ME OR ANY PERMITTED USERS, (B) USE OF ANY OR ALL OF THE AMENITIES, INCLUDING EQUIPMENT IN ANY FACILITY LOCATED WITHIN THE COMMON AREAS OF THE PROPERTY BY ME OR ANY PERMITTED USERS, (C) MY PARTICIPATION OR THE PARTICIPATION OF ANY PERMITTED USERS IN ANY AND ALL RECREATIONAL ACTIVITIES WITHIN THE AMENITIES, OR (D) ANY ACT, OMISSION, OR NEGLIGENCE BY ME OR ANY PERMITTED USERS. I, for myself and any Permitted Users, agree not to sue any of the Released Parties for any such Claims in connection therewith.
- INDEMNIFICATION. To the fullest extent permitted by law, the releases, waivers and indemnities contained in this Release and Waiver expressly shall apply regardless of whether the Claims to be released, waived or indemnified against or Harm in connection therewith arise, or are alleged to arise, from the negligence or carelessness of any of the Released Parties. To the fullest extent permitted by law, I, for myself and any Permitted Users, agree to indemnify, defend and hold harmless the Released Parties from and against any and all Claims arising out of, resulting from, relating to or in connection with or in any way resulting from or caused in any way by (i) the entry into and/or use of the Amenities by me or any Permitted Users, or (ii) any act, omission, or negligence by me or any Permitted Users. The Released Parties shall not be liable to me, the Permitted Users, or any of the Releasing Parties for any Harm arising out of, in connection with, resulting from with or related to the use of the Amenities by me or any of any Permitted Users.
- ADDITIONAL COVENANTS.
(a) I represent and warrant that, at all times while present within and/or using the Amenities, neither I nor any Permitted Users shall be under the influence of any drug illegal under state or federal law, and that my actions will be in accordance with the Declaration, the Governing Documents and all applicable laws and regulations. (b) I attest and verify that I am of legal drinking age in the State of Colorado, 21 years or older, and that, at all times while using the Amenities or participating in any recreational activities therein or on the Property, I am able to provide proof of my age with a valid driver’s license or passport. I represent, warrant, and agree that any consumption or use of alcohol in the Amenities or on the Property by myself and/or any Permitted Users, is entirely voluntary and shall at all times be in full compliance with all applicable laws. I acknowledge that it is my responsibility to monitor and ensure that no minors or persons under the age of 21 use or consume any alcohol while using the Amenities or on the Property and that any and all consumption of alcohol by myself and any Permitted Users remains at all times in compliance with any and all applicable laws. (c) I attest and verify that I have received and read and that I understand and agree to all of the Rules and Regulations of the Association. (d) I attest and verify that I am in good health, and have no known conditions that would be impacted in any way by my use of the Amenities or participation in any recreational activities therein or on the Property. I acknowledge that it is my responsibility to secure any desired insurance for myself. (e) I agree that this instrument is the entire agreement between myself and the Released Parties, and that no agreement, oral or written, exists outside of this agreement; and this instrument supersedes any previous agreements. I agree that this document is intended to be as broad and inclusive as permitted by the laws of Colorado, and agree that if any portion of this instrument is invalid, the remainder will continue in full legal force and effect.
I HAVE READ THIS AND FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT INDUCEMENT.
Today's Date: April 23, 2024 |
