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, 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. 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.
7. 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.
8. 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 Waiver shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Waiver.
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.
Date: June 1, 2023