FLOAT PALISADE, LLC PARTICIPANT AGREEMENT RELEASE of LIABILITY and ASSUMPTION of RISK
READ CAREFULLY BEFORE SIGNING. THIS LIMITS FLOAT PALISADE, LLC’S LIABILITY. THIS IS A 2-PAGE DOCUMENT WITH A FRONT & BACK SIDE. SIGN ONLY AFTER READING BOTH SIDES.
1.“Participant” shall mean the person listed on this form who is participating in any activity offered by Float Palisade, LLC, 255 E. 2nd Street, Palisade, CO 81526 which includes their owners, investors, officers, directors, lenders, employees, agents, independent contractors, landowners, volunteers and all other persons or entities acting in any capacity on their behalf, hereinafter collectively referred to as “Float Palisade.”2.I or my child (collectively, “Participant,” “I,” “me,” or “my”) have voluntarily agreed to participate in activities offered by Float Palisade.“Activities” include canoeing, swimming, wading, hiking, overnight camping, and portaging, as offered by Float Palisade (collectively “the activities”). I understand that MY PARTICIPATION IN THE ACTIVITIES, SCHEDULED OR UNSCHEDULED, CAN BE HAZARDOUS AND POSE RISKS OF INJURY AND DEATH to me and/or my property, including those that might be associated with participation in the activities, or from transportation provided by Float Palisade or its partners. I am not required to engage in any outdoor adventure activities offered by Float Palisade and their partners. I understand that there are other outdoor adventure outfitters that are available but have chosen to engage the services of Float Palisade rather than other outfitters.3.To participate in certain activities offered by Float Palisade, I understand that particular equipment may be necessary.“Equipment” may include, but not be limited to, rafts, life vests, ropes and straps, carabineers, paddles and shuttle vehicles.4.THE RISKS IN THE ACTIVITIES OFFERED BY FLOAT PALISADE ARE INHERENT AND ARE TOO NUMEROUS TO LIST, BUT INCLUDE: rapids; cold water; visible and submerged obstacles such as rocks and vegetation; capsized boats; underwater entrapment; drowning; hypothermia; heat exhaustion; exposure to inclement weather; steep, slippery, and uneven roads or trails; poisonous plants or animals; rope or strap failure; falling debris; and contaminated food or water. The risks also include equipment failure; and collisions with others, equipment, vehicles, or other natural and manmade objects. Falls may occur while participating in the activities. Equipment must be in good condition, but can develop problems during the course of the activity. When in doubt about equipment, proceed with caution and inform Float Palisade staff of all concerns. Be aware that even minor injuries can become life threatening when they occur far away from rescue personnel or when alone. Trails, roads, and rivers are not patrolled and it may take a great deal of time for rescue personnel to locate and reach an injured person. Furthermore, Float Palisade guides seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction. I understand that such known and unknown risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Despite the risks involved, and in consideration of the right to participate in the activities, I AGREE TO EXPRESSLY ASSUME ALL RISKS OF INJURY, DEATH OR DISABILITY that might be associated with participation in the activities or transportation therein.5.As consideration for being permitted to participate in the activities, use equipment, and to be transported thereto, I AGREE TO RELEASE FROM ANY LEGAL LIABILITY AND AGREE NEVER TO SUE Float Palisade, LLC and its owners, investors, officers, directors, lenders, employees, agents, independent contractors, landowners, volunteers and all affiliated companies(collectively herein, "Float Palisade”) for injury, disability, or death resulting from my participation in the activities or transportation thereto, regardless of the cause, to the fullest extent allowed by law, including the alleged NEGLIGENCE, ACTS, OMISSION OR OTHER FAULT of Float Palisade. I further AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Float Palisade for any claims, lawsuits, damages, attorney fees, costs or judgments arising out of my participation in the activities or transportation thereto. I also agree to indemnify Float Palisade for any and all claims brought by a third party which arise from my participation in the activities or the transportation.6.I UNDERSTAND THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER, which includes any time I choose to participate in the activities offered by Float Palisade. I understand that this release of liability will prevent me, my child, my heirs, or my estate from filing suit or making any claim for damages in the event of injury or death from my participation in the activities. Additionally, in the event I file for my child or my legal representative files a claim or a lawsuit arising out of participation in the activities or the use of equipment of Float Palisade, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Float Palisade for any damages, attorney’s fees or costs arising out of such a claim or a lawsuit. With a full understanding of this agreement, I nevertheless enter into this agreement freely and voluntarily and agree that it is binding upon me, my child, my heirs, assigns and legal representatives, and any other person acting on my behalf. I certify that I am under no legal disability, which would prevent me from entering into a binding contract. Furthermore, I understand and accept a copy of this release of liability may be used in place of the original.7.If I am provided with or renting equipment in connection with the activities, I accept the equipment "AS IS" and accept full responsibility for the care of the equipment while it is in my possession. I agree that I am responsible for the full replacement value of any equipment not returned, and I agree to pay for any damage to the equipment that exceeds normal wear and tear.8.I understand that LIFE JACKETS ARE REQUIRED FOR PARTICIPATION IN RAFTING and my dependent minors and I agree to wear my (our) life jackets properly at all times while on the water. I understand that a life jacket is not a guarantee against drowning, and that the activities present situations that surpass the limits of protection offered by life jackets.
9.I warrant and represent that 1) I am in good mental and physical health, 2) there are no special problems associated with my health, 3) and that I have the physical capabilities to participate in the activities. If there are special problems associated with my health, I have disclosed such problems to Float Palisade, and Float Palisade reserves the right to deny participation in the activities based on my health problems or issues. I accept responsibility for any medical expenses incurred in connection with the activities or use of the equipment.10. I understand that Float Palisade is not responsible for lost, damaged, or stolen property, including personal vehicles as well as property left in shuttle vehicles or left in personal vehicles while on the river.11.Photo\Video Release: I authorize Released Parties to use my or my child’s photo/video for sale or reproduction any manner the Released Parties desire, without compensation to me.12. I understand and agree that this agreement is severable and that if any clause is found to be invalid, the balance of the contract will remain in effect, valid, and enforceable. I agree that any action will be brought in Mesa County, Colorado and submit to the jurisdiction of the Mesa County court. Any disputes will be subject to and determined under the laws of Colorado.13.I expressly acknowledge that naturally occurring disease processes (including but not limited to, the currently widespread Corona Virus) occur in all environments in which this activity will take place. I acknowledge that, while Float Palisade has taken reasonable measures to avoid contact, transmittal or contamination of the virus between people (including guests/participants, employees and other third parties) that it is ultimately my responsibility to safe guard myself and others. I understand and agree that, if I choose to participate in these activities, that Float Palisade cannot and will not have any legal liabilities toward me if I contract the virus. On the other hand, if it is determined that I acted negligently or unreasonably and was responsible for transmittal of the Corona Virus (or any disease process) to other Float Palisade participants or employees, that I may be held legally and financially responsible for that transmittal. I HAVE READ THE AGREEMENT ON BOTH SIDES OF THIS FORM AND I SIGN WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. I VOLUNTARILY AGREE TO THE TERMS OF THE AGREEMENT AND I AM AWARE I AM RELEASING FLOAT PALISADE, LLC FROM LIABILITY.