The individual named below (referred to as “I” or “me” desires to participate in the Activity (as defined below) provided by The Desert Dose LLC, a Colorado limited liability company (the “Company”). In consideration of being permitted by the Company to participate in the Activity and in recognition of the Company’s reliance hereon, I agree to all of the terms and conditions set forth in this Agreement (the “Release Agreement”).
For purposes of this Release Agreement, "Activity” shall mean all activities, events, or services (and equipment) provided, arranged, organized, conducted, sponsored or authorized by the Company and shall include, but is not limited to: running, trail running, fitness workouts, yoga, bicycling (including but not limited to unicycling, mountain biking; cycling, bike descents, bicycle camps, bicycle skills training, orientation and instructional courses, guided mountain bike tours and activities), demonstrations, orientation and instructional courses, seminars and sessions; use of trails and roads; events’, and other such activities; group rides, use of and all other related activities, events, products, or services, transportation, food & beverage, water supply, rescue and first aid services.
I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDINH THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I further understand and agree that the Activity can take place on roads, pavement and on natural rugged terrain with features that are both physically and technically challenging and expose the person to many risks, dangers, and hazards. Risks may include but are not limited to: changing weather conditions; natural variations and features; mechanical failure of equipment; falls; loss of balance; high speed descents; difficulty or inability to control one’s speed and direction; rapid or uncontrolled acceleration on hills and inclines; extreme variation in cycling terrain including steep or slippery sections, tress, roots, tree stumps, rocks, logs, cliffs, rock drops, loose gravel, holes, depressions, water (including rain, rivers, streams, and creeks; lightning; riding new trails without practice; constructed features such as bridges, ramps, ladders, bumps, berms, jumps, and drops; collision with natural and constructed objects, other mountain bikers, vehicles, pedestrians, spectators and officials; encounters with domestic and wild animals including dogs and bears; negligence of other riders or users of the trails and roads; and NEGLIGENCE ON THE PART OF THE COMPANY, INCLUDING THE FAILURE BY THE COMPANY TO SAFEGUARD OR PROTECT FROM THE RISKS, DANGERS, AND HAZARDS REFERRED TO ABOVE.
COVID-19. I am aware of the highly contagious nature of bacterial and viral diseases, including COVID-19 (the "Disease") and the risk that I may be exposed to or contract the Disease by engaging in the Activity, which may result in illness, personal injury, psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Company employees or others, including negligent emergency response or rescue operations of the Company. I understand that while the Company has implemented measures to reduce the risk of injury from the Activity, the spread of the Disease, the Company cannot guarantee that I will not be injured or become infected with the Disease or other infectious diseases during my participation in the Activity and that engaging in the Activity may increase my risk of contracting the Disease. NOTWITHSTANDING THESE RISKS, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS, PERSONAL INJURY, PSYCHOLOGICAL INJURY, PAIN, SUFFERING, DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I confirm that I: (a) am in good health and proper physical condition and do not have any medical or other conditions that would impair my ability to participate in the Activity; and (b) am not experiencing symptoms of the Disease (such as cough, shortness of breath, or fever) do not have a confirmed or suspected case of the Disease, and have not come in contact in the last 14 days with a person who has been confirmed to have or suspected of having the Disease. I will comply with all federal, state, and local laws, orders, directives, and guidelines related to the Activity and the Disease while participating in the Activity, including, without limitation, requirements related to hand sanitation, social distancing, and use of face coverings and safety equipment. I will also follow all instructions, recommendations, precautions communicated by the Company at all times during the Activity. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the Activity.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM, WITHOUT LIMITATION.
I shall defend, indemnify, and hold harmless the Company against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, finds, costs, or expenses of whatever kind, including attorneys’ fees, fees, and costs of enforcing any right to indemnification under this Release Agreement, and the cost of pursuing any insurance providers, arising out of resulting from any claim of any third party relating to my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of the Company.
I FOREVER WAIVE, RELEASE, RELINQUISH, HOLD HARMLESS, AGREE NOT TO SUE, AND DISCHARGE ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, SUITS, CAUSES OF ACTION, AND/OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS) OF ANY AND ALL KIND WHATSOEVER (“CLAIMS”) THAT I HAVE OR MAY IN THE FUTURE HAVE AGAINST THE COMPANY AND TO RELEASE THE COMPANY FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY, INCLUDING DEATH, THAT I MAY SUFFER OR THAT MY NEXT OF KIN MAY SUFFER, AS A RESULT OF MY PARTICIPATION IN THE ACTIVITIES, DUE TO ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, ON THE PART OF THE COMPANY. I UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON THE PART OF THE COMPANY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES. IN ADDITION, I UNDERSTAND, ACKNOWLEDGE AND AGREE THAT SHOULD I SUFFER ANY INJURY, DISABILITY, DAMAGE, DEATH AND/OR OTHER LOSS ARISING OUT OF OR IN ANY WAY CONNECTED WITH MY PARTICIPATION IN THE ACTIVITIES AND/OR USE OF ANY EQUIPMENT, FACILITIES AND/OR PREMISES, I AM SOLELY AND EXCLUSIVELY RESPONSIBLE AND LIABLE FOR ANY AND ALL MEDICAL EXPENSES INCURRED, AND NO COVERAGE OR INSURANCE SHALL BE PROVIDED UNDER ANY POLICY OF INSURANCE HELD BY THE COMPANY.
I acknowledge that I have taken every opportunity to fully inform myself about the risks, both known and unknown, about the activity. I knowingly and freely assume all such risks and assume full responsibility of those risks for my participation in the Activity. I acknowledge that I am aware of the risks, dangers, and hazards associated with the Activity and I free accept and fully assume all such risks, dangers, and hazards and the possibility of personal injury, disability, death, property damage, and loss resulting therefrom.
I hereby consent to receive medical treatment deemed necessary if I am injured and require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical treatment and/or evacuation. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.
This Release Agreement constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, or unenforceability shall not affect any other term of provision of this Release Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This release is binding on and shall insure to the benefit of the Company and me and their respective successors and assigns.
The Company reserves the right, in its sole and absolute discretion, to postpone, cancel, or modify the event due to weather conditions, Acts of God or other factors either within or beyond the control of the Company. I understand that REFUNDS OR EXCHANGES may be granted in the event of such postponement, cancellation, or modification. If I cancel for any reason, the Company is not under any obligation to provide me with any refund or credit toward future Activities.
Matters arising out of or relating to the release agreement shall be governed by and construed in accordance with the internal laws of the state of Colorado without giving effect to any other choice or conflict of law provision or rule (whether of the state of Colorado or any other jurisdiction). Any claim or cause of action arising under this release agreement may be brought only in the federal and state courts located in Mesa County, Colorado, and I hereby consent to the exclusive jurisdiction of such courts.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AGREEMENT AND THAT AM I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE COMPANY.
I HAVE READ THE COMPANY'S CANCELLATION AND REFUND POLICY ON THE COMPANY'S WEBSITE AND AGREE TO THE ALL TERMS OF IT.