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The Lockwood Foundation ASSUMPTION OF RISK RELEASE AND WAIVER OF LIABILITY INDEMNITY AGREEMENT 

In consideration for being permitted to participate in outdoor adventure activities offered by The Lockwood Foundation, a Colorado Nonprofit Corporation (“The Lockwood Foundation”), including but not limited to hiking, camping, mountaineering, and back country and downhill skiing (the “Activities”), I, the undersigned (“Participant Representative”), on behalf of myself and the individuals I am legally responsible for, including any minor children or persons with disabilities for which I am the legal guardian or personal representative (collectively, “Participant(s)”), agree to all terms set forth in this ASSUMPTION OF RISK, WAIVER OF LIABILITY AGREEMENT, AND PHOTO RELEASE (the “Agreement”). For clarity, the term Participant includes anyone engaging in the Activities, including volunteers of The Lockwood Foundation. The Lockwood Foundation and Participant Representative are collectively referred to as the “Parties”, or individually as a “Party”.

  1. Representation of Participant(s). Participant Representative affirms that Participant(s) are physically, emotionally, and mentally fit to participate in the Activities. Participant(s) will not participate while under the influence of alcohol or impairing substances. The Participant Representative understands and acknowledges that it is their responsibility to consult a physician for the Participant and to consider the Participant(s)’ personal health and physical condition prior to Participant’s participation in the Activities. The Participant Representative affirms the Participant has not been advised by a medical professional to avoid such Activities. Participant(s) accept full responsibility for their conduct and participation, will follow all posted or stated safety rules, and will promptly notify The Lockwood Foundation of any injury or incident. 
  2. Assumption of Risk. Participant Representative acknowledges that outdoor activities carry inherent risks, including but not limited to slips, falls, exposure to wildlife or weather, allergic reactions, equipment failure, inadequate supervision, negligent or delayed rescue, limited medical accessibility (including, but not limited to, limited access to health care facilities and first responders due to the remote locations where the Activities are conducted), and interactions with other participants. PARTICIPANT REPRESENTATIVE, ON BEHALF OF PARTICIPANT(S), VOLUNTARILY AND FREELY ASSUMES ALL SUCH RISKS AND DANGERS, BOTH KNOWN AND UNKNOWN, THAT MAY OCCUR PURSUANT TO PARTICIPATION IN THE ACTIVITIES, INCLUDING THE RISK OF PROPERTY DAMAGE, INJURY, ILLNESS, DISABILITY, OR DEATH, EVEN IF CAUSED BY NEGLIGENCE OF THE LOCKWOOD FOUNDATION.
  3. Release from Liability. Participant Representative, on behalf of Participant(s), hereby waives, releases, and discharges The Lockwood Foundation and its directors, officers, employees, agents, volunteers, landowners, sponsors, advertisers, and affiliates (“Released Parties”) from any and all claims, liabilities, or damages arising from the Activities, now known or hereinafter known in any jurisdiction, including those resulting from the negligence of the Released Parties.
  4. Covenant Not to Sue. Participant Representative agrees that on behalf of themselves and all of their heirs, assigns, and personal representatives, not to sue or pursue any claims against the Released Parties for any loss, cost, bodily injury, death, damages (including property damages), or any other claim arising from Participant(s) participation in the Activities. This covenant binds all heirs, executors, legal representatives, and assigns.
  5. Indemnification. To the fullest extent permitted by law, Participant Representative hereby agrees to defend, indemnify and hold harmless the Released Parties from and against any third party losses, damages, loss, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorney’s fees) and costs of any kind arising from any bodily injury, death, or property damage sustained by any reason or arising from Participant(s)’ participation in any Activities, whether caused by the negligence of Released Parties or otherwise.
  6. Medical Treatment Release. Participant Representative authorizes the medical treatment deemed necessary if the Participant(s) is injured or requires medical attention during participation in the Activities. Participant Representative understands and agrees that they are solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. Participant Representative hereby releases, forever discharges, and hold harmless the Released Parties from any claim based on such medical treatment, medical transportation or evacuation, or other medical services.  
  7. Liability for Personal Property. Participant(s) are solely responsible for their personal belongings. The Released Parties are not liable for any lost, stolen, or damaged property.
  8. Governing Law and Venue. This Agreement will be governed by and interpreted in accordance with the laws of the State of Colorado, without giving effect to the principles of conflicts of law of such state. Participant Representative agrees that any action arising out of this Agreement must be brought exclusively in any state court located in Jefferson County, Colorado or federal court located in Colorado. 
  9. Waiver. No waiver of any term or right in this Agreement shall be effective unless in writing, signed by an authorized representative of the waiving Party. The failure of any Party to enforce any provision of this Agreement shall not be construed as a waiver or modification of such provision, or impairment of its right to enforce such provision or any other provision of this Agreement thereafter.
  10. Photo Release. Participant Representative, on behalf of Participant(s), hereby grants to The Lockwood Foundation the irrevocable right and permission to photograph and/or record Participant(s) during participation in the Activities and use images and videos of Participant(s)’ faces, likeness, voice and appearance in such photographs or recordings in connection with legal or security purposes, exhibitions, publicity, advertising, promotional materials, and other marketing purposes, without reservation or limitation, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration and without compensation. Participant Representative waives any right to inspect or approve the use of the photographs and recordings.
  11. Term of Agreement.Participant Representative understands and agrees that this Agreement extends perpetually and will have full force and legal effect indefinitely.
  12. Mediation.As a condition precedent to the initiation of any litigation, the Parties agree to first attempt to resolve any dispute arising out of or relating to this Agreement through good faith mediation. Either Party may initiate mediation by providing written notice to the other Party. The mediation shall be conducted within a reasonable time following such notice, and the Parties shall cooperate to mutually select a mediator. Unless otherwise agreed, the mediation shall be administered by the American Arbitration Association (AAA) in accordance with its applicable mediation rules. The costs of mediation shall be shared equally by the Parties, and each Party shall bear its own attorneys’ fees and costs related to the mediation.
  13. Compliance with Laws.In the performance of the terms of this Agreement and participation in the Activities, the Parties shall comply with all applicable federal, state, regional and local laws, rules and regulations.
  14.  Severability.If any provision or portion of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions or portions shall remain in full force and effect.
  15. Entire Agreement.This Agreement is the entire agreement between the Parties with respect to the subject matter hereof and supersedes any prior agreement or communications between the Parties, whether written, oral, electronic, or otherwise. No change, modification, amendment, or addition of or to this Agreement shall be valid unless in writing and signed by authorized representatives of both Parties. This Agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the Parties.

    I, PARTICIPANT REPRESENTATIVE, STATE THAT I AM FULLY COMPETENT TO SIGN THIS RELEASE AND AGREEMENT. I ACKNOWLEDGE THAT I HAVE FULLY READ AND UNDERSTAND EACH OF THE ABOVE PROVISIONS, OBLIGATIONS, AND RISKS STATED HEREIN. I ACKNOWLEDGE THAT PRIOR TO SIGNING THIS AGREEMENT I HAD THE RIGHT TO CONSULT WITH AN ATTORNEY OF MY CHOICE. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT AND ENTER THIS AGREEMENT FREELY AND VOLUNTARILY.


First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address
Email*
For events and updates, PLEASE check this box. If unchecked, you will NOT receive updates on events, delays, cancellations or how to engage with our hikes, projects and events. This box and an active email is how you engage with the organization.
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
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
First Name*
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Parent or Guardian's Signature*
Electronic Signature Consent*
 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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