I desire to participate in the Rocky Mountain Pipeliners Club’s Broncos Tailgate, located at Empower Field at Mile High on October 22, 2023 (“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 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 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. 4. 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.
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: December 10, 2024 |