I desire to participate in the Rocky Mountain Pipeliners Club’s Broncos Tailgate, located at 2924 W 20th Ave. Denver, CO 80211 on October 17, 2021 (“Event”), sponsored by Rocky Mountain Pipeliners Club (“Club”). In exchange for the Club allowing me to participate in the Event and the benefits that I believe that I will gain from participating in the Event, I agree to the terms and conditions set forth in this agreement (“Release”).
DESCRIPTION OF THE EVENT
1. I understand that the Event consists of the Club’s Broncos Tailgate, which involves, among other things, an oil and gas industry networking event at which alcoholic beverages will be sold and distributed.
ACKNOWLEDGEMENT AND ASSUMPTION OF LIABILITY
2. I understand that the Event is potentially dangerous and may involve the risk of serious injury, death, and/or property damages to myself or others, and that any injuries that I sustain may be compounded by negligent emergency response or rescue operations undertaken or authorized by the Club. I am voluntarily participating in the Event with knowledge of the dangers and risks involved.
3. I further acknowledge and understand the contagious nature of the COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 or any related disease by attending and or participating in the Event. I understand and assume the risk that such exposure or infection may result in illness, personal injury, disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at the Event may result from the actions, omissions, or negligence of myself and others, including, but no limited to, Club members, host facility employees, volunteers, general public, and participants.
4. I hereby AGREE to accept and assume all risks of injury, illness, infection, death, or property damage, whether caused by the negligence of the Club or otherwise.
5. I ACCEPT liability for all injury, illness, infection, or damages that I cause or contribute to during the Event.
RELEASE OF LIABILITY AND INDEMNIFICATION
6. I hereby expressly WAIVE AND RELEASE any and all claims, actions, causes of action, or suits at law or in equity (“Claims”), now or hereafter known against the Club and its officers, directors, employees, agents, affiliates, members, sponsoring entities, including Kahuna Ventures LLC and Kahuna Design LLC, successors, and assigns (collectively, “Releasees”), which are related to any injury, death, or damage, including but not limited to property damage, and that arise out of or are attributable to the Event, including any injury, death, or damage, including but not limited to property damage, arising out of the negligence of the Club, any Releasees, or any other participants.
7.I AGREE not to make or bring any such Claim against the Club or any other Releasee, and forever release and discharge the Club and Releasees from liability under such Claims.
8. I SHALL defend, indemnify, and hold harmless the Club and the Releasees against any losses, damages, liabilities, deficiencies, Claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including but not limited to attorneys’ fees, fees and costs of enforcing any right to indemnification under this Release, fees and costs of pursuing payment or settlement from any insurance providers, fees and costs incurred by/awarded against any indemnified party, arising from any claim of a third party related to my participation in the Event.
ENFORCEMENT OF RELEASE
9. This Agreement supersedes any prior or contrary agreements with respect to the subject matter herein. If any provision of this Agreement is unenforceable in any jurisdiction, such unenforceability shall not affect the other terms herein. This Agreement is binding on and shall inure to the benefit of the Club and its successors and assigns.
10. This Agreement shall be construed in accordance with the laws of the State of Colorado without giving effect to any conflict of law provisions, and any claim or cause of action under this Agreement shall be brought in the courts located in the City and County of Denver, Colorado, and I hereby consent to the exclusive jurisdiction of such courts.
11. By signing this Release, I further agree and attest to the following regarding the SARS-CoV-2 virus and the disease produced by it, COIVD-19:
a) I attest that I am not experiencing any symptoms of illness including but not limited to, a fever, cough, or shortness of breath, and that if I develop these symptoms, I agree to withdraw or leave the event or activity, as far in advance as possible;
b) I am aware that I must follow the safety and hygiene protocols that have been implemented by the Club, all government orders, and the Colorado Department of Health and Environment’s and Centers for Disease Control and Prevention’s guidelines;
c) I have not traveled internationally in the past 14 days;
d) I have not traveled to a highly impacted area within the United States in the past 14 days;
e) I have not been diagnosed with COVID-19 or have been cleared medically from COVID-19 symptoms (after known or unknown exposure);
f) I have no individuals in the same household with current COVID-19 symptoms or in a currently positive state;
g) I will follow all event and host facility COVID-19 guidelines at the Event;
h) I have had the opportunity to ask the Club any questions regarding any event as it relates to COVID-19, the structure of the event and the precautions taken, and have received satisfactory answers to such questions;
I HAVE READ AND UNDERSTAND THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE CLUB.
I acknowledge that this Release must be signed, dated, and delivered to a Club representative before I can receive authorization to participate in the Event.
Date: November 28, 2021