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WAIVER, RELEASE AND INDEMNITY (“WAIVER”)

HOWLER ALPINE SLIDE

Howelsen Hill Park

Steamboat Springs, Colorado

THIS IS A RELEASE OF LIABILITY. PLEASE READ CAREFULLY BEFORE SIGNING.


I desire to ride the Howler Alpine Slide, Barrows Chair Scenic Ride, Mountain Bike Upload and/or participate in other recreational activities that may be accessed from the lifts at Howelsen Hill Park, including mountain biking and hiking (collectively, the “Recreational Activity”). I acknowledge that participating in the Recreational Activity is HAZARDOUS and involves the RISK OF SERIOUS BODILY INJURY, DEATH and PROPERTY DAMAGE. Risks and hazards include both inherent risks and non-inherent risks including, without limitation, loading/unloading lifts, slips and falls, altitude sickness, exposure to allergens, insect stings, changing weather conditions, changing track conditions, leaving the track, flipping over on the track, skin burns caused by friction, collisions with natural objects, man-made objects or other participants, mechanical failure, operator/staff error or negligence, and the negligence or recklessness of other participants, users, or riders. I am freely signing this Waiver in consideration of and as a condition precedent to being permitted to participate in the Recreational Activity. For myself, my personal representatives, heirs, successors, attorneys, insurers, executors, administrators, estates, and assigns, I acknowledge, agree and represent:


1. I will read and will follow the instructions on all posted signs and verbal instructions of staff. I agree to remain alert to all hazards and to act in a careful and prudent manner at all times. I understand that the Alpine Slide is a user-controlled device, that the sled can tip over or may leave the track, and that injuries may result. I agree to keep the sled under control at all times. I acknowledge that I may be prohibited from participating in the Recreational Activity if, in the sole judgment of management, I commit any act which endangers myself or others or cause any disturbance or nuisance. I am in good health and in appropriate physical and mental condition to participate in the Recreational Activity. I will not participate in the activity while under the influence of alcohol or drugs or if I am allergic to bees, weeds, or pollen. 

2. I understand that I may not be able to predict the severity or nature of any injury, damage, or loss that I may suffer as a result of participating in any Recreational Activity. Despite this knowledge, I ASSUME FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF DEATH, PERSONAL INJURY, PROPERTY DAMAGE OR OTHER LOSS OR DAMAGE I MAY SUFFER OR CAUSE while participating in any Recreational Activity, whether due to the negligence of Operators (defined in Paragraph 3, below), the negligence or recklessness of any other party, or from any other cause. I understand that the description of the risks in this Waiver is not complete, and voluntarily choose to participate and expressly assume all risks and dangers of the Recreational Activity, whether or not described here, known or unknown, inherent or otherwise.  

3. I HEREBY RELEASE, ACQUIT, DISCHARGE, AND WAIVE ANY AND ALL CAUSES OF ACTION, CLAIMS, DEMANDS, AND RIGHTS FOR ANY INJURIES, LOSSES, DAMAGES, COSTS, EXPENSES, OR PENALTIES of any nature I have or may acquire against any party involved in the Recreational Activity including, without limitation, Community Slide, Inc., the Steamboat Springs Winter Sports Club, Inc., the City of Steamboat Springs, The Foundation, or Steamboat Springs Winter Sports Club, and their respective owners, directors, employees, members, officers, volunteers, principals, agents, representatives, contractors, consultants, engineers, attorneys, successors, predecessors, independent contractors, insurers, and assigns (collectively, “Operators”), which result in whole or in part from, or in any way relate to, my or anyone’s participation in any Recreational Activity, including, without limitation, negligence, negligence per se, negligent entrustment, negligent hiring, negligent training, vicarious liability, respondeat superior, negligent infliction of emotional distress, loss of consortium, wrongful death, products liability, or violation of the Colorado Premises Liability Act. 

4. I agree to defend, indemnify, and hold Operators harmless from any and all liability, damage, cost or expense (including but not limited to attorney and witness fees) which may be incurred or suffered by any Operator on account of any claim for death, personal injury, property damage or any other damage resulting from my participation in the Recreational Activity. Should I fail to defend and/or hold Operators harmless or indemnify them from any such claims, Operators shall be entitled to recover from me their attorney’s fees, costs, and expenses incurred in the defense of any such claim or action.

5. I understand that Operators are not responsible for any loss or damage to my bike, clothing or equipment. I understand that there is no bike patrol on the City of Steamboat Springs trails on Emerald Mountain, and that if I am injured I should call 911 or search and rescue. I understand that Operators have no duty to maintain or protect any trail, and Operators have no responsibility for any damage or harm that I may sustain while on a trail.

6. I understand that Operators are owners of land pursuant to C.R.S. § 33-41-101, et seq., and consequently do not (a) extend any assurance that the premises are safe for any purpose, (b) confer upon you the legal status of an invitee or licensee to whom a duty of care is owed; or (c) assume responsibility or incur liability for any injury to person or property or for the death of any person caused by an act or omission of you.

7. Community Slide, Inc. is granted irrevocable permission to use and own the copyright to any photograph, video tape or other likeness of me and/or the Child taken while participating in the Recreational Activity, and I authorize Community Slide, Inc., to use my name and the Child’s name in any medium and for any purpose related to the Recreational Activity.

8. This Waiver is made and entered into in the State of Colorado and shall in all aspects be interpreted, enforced, and governed under the laws of the State of Colorado. All disputes arising from participation in the Recreational Activity, including any claims for personal injury, death or property damage, will be governed by the internal laws of the State of Colorado, and exclusive jurisdiction thereof will be in Routt County, Colorado, or the federal courts in the State of Colorado.

9. Should any provision of this Waiver be declared or be determined by any court to be illegal, invalid, or unenforceable under present or future laws, such provision shall be fully severable and this Release shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Release.

I UNDERSTAND THIS WAIVER IS A RELEASE OF ALL CLAIMS.  I HAVE READ AND VOLUNTARILY SIGN THIS WAIVER, AND FURTHER AGREE THAT NO WRITTEN OR ORAL REPRESENTATIONS OR OTHER INDUCEMENTS NOT SET FORTH ABOVE HAVE BEEN MADE TO ME TO OBTAIN MY AGREEMENT TO THE FOREGOING. I CERTIFY THAT I AM AT LEAST 18 YEARS OF AGE, OR THAT IF NOT, MY LEGAL GUARDIAN HAS ALSO SIGNED THIS WAIVER.  

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.

CHILDREN/MINORS

The undersigned is executing this Waiver on behalf of a minor (under 18 years of age) (the “Child”), and the following additional provisions shall apply:

a. I am the parent and/or legal guardian of the Child and have authority to sign this document on the Child’s behalf;

b. My choice to sign this document is based upon a voluntary and informed decision;

c. I understand that this entire Waiver, including the provisions that precede the “CHILDREN/MINORS” caption above, shall apply with full force to me and the Child;

d. The Child is in good health and appropriate physical and mental condition to participate in the Recreational Activity;

e. I accept responsibility to ensure that the Child abides by this Waiver and engages in the Recreational Activity in a safe manner;

f. I agree to defend, indemnify and hold Operators harmless from any and all liability, damage, cost or expense arising from claims brought by or on behalf of the Child or by any other party arising from or related to the Child’s participation in the Recreational Activity, except those based upon the willful and wanton acts or omission, or a reckless act or omission of an Operator; 

g. I am signing this Waiver on my own behalf and on behalf of the Child, and acknowledge that both the Child and I will be bound by this Waiver; and

h. Pursuant to C.R.S. § 13-22-107, I hereby release all Operators from any claim that I, the Child, and any other parent, guardian, or representative may be able to assert due to any injury or harm to the Child, including but not limited to any derivative claims; any negligence claims; any non-non-willful or wanton act or omission, any non-reckless act or omission, and any non-grossly negligent act or omission; any claims for pain and suffering or mental anguish; and any claims for expenses, including but not limited to medical expenses, that the Child, I, or any parent, guardian, or representative incur or may become responsible for due to injury or harm to the Child.



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*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
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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