In consideration of the programs of the Colorado Front Range Cross-Country Club, a Colorado Nonprofit Corporation, its instructors, agents, members, officers, directors, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as the “Ski Club”), I hereby agree to release, indemnify, and discharge the Ski Club, on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estate as follows: Activities and Risks - I understand that participation in Ski Club Activities include certain inherent risks and other risks and dangers, all of which are too numerous to list, which include, but are not limited to, slipping; falling; striking or being struck by objects, terrain or persons; possible equipment malfunction; hazards from travel in difficult terrain; weather; altitude; motor vehicle travel or other conveyance; exposure to disease; accidents, including the negligent and other acts or omissions of the Ski Club. I further acknowledge the risk that personal injury or illness sometimes occur in remote areas without means of rapid evacuation or adequate medical care or supplies. These risks cannot be eliminated, and I willingly assume these risks. I understand that any of these risks may result in bodily or emotional injury, including death and/or damage to property. I understand and acknowledge all of these and other risk factors.
- Ski Club Activities in which I will participate will vary, but I have had the opportunity to ask questions about the risks. Physical activities include, but are not limited to, cross-country skiing, hiking, travel by foot and other means over unimproved roads, trails, and off-trail terrain including downed timber, glaciers, river crossings, snow, ice, and steep rock slopes. The risk of these activities includes among others falling, drowning, becoming lost, and other risks usually associated with such activities, including environmental risks.
- Environmental risks and hazards include, but are not limited to, fast flowing, deep and cold water, harmful insects, snakes, animals, falling objects including rock and ice, avalanche, crevasse falls, high altitude, lightning, and unpredictable forces of nature including all types of weather. Possible injuries and illnesses include wounds, bruises, infections, sunburn, hypothermia, frostbite, heatstroke, altitude illness, and other debilitating and life-threatening conditions.
- I understand that if I provide my own equipment, I am responsible for its maintenance and use. I also understand that equipment may fail or malfunction, despite proper or reasonable maintenance and use.
- Decisions made by the Ski Club and its participants will be based on a variety of risk assessments and evaluations, which by their nature are imprecise and are subject to errors in judgment. Misjudgments may pertain to, among other things, a participant’s capabilities, environment, terrain, weather conditions, natural hazards, avalanche hazards, equipment, and medical conditions.
- The Ski Club requires participants to arrange their own transportation to field locations which may include the use of or sharing personal vehicles that are not owned or controlled by the Ski Club. This travel is not supervised by the Ski Club.
- I have read and understand the general information about Ski Club Activities made available to me through the website and pre-program materials. I acknowledge that the staff of the Ski Club have been available to more fully explain to me the nature, physical demands, and the inherent risks, hazards, and dangers associated with Ski Club Activities.
Acknowledgement and Assumption of Inherent and Other Risks - I understand and acknowledge that the description above “Activities and Risks” of the inherent and other risks of Ski Club Activities is not complete and that other risks, including unknown or unanticipated risks, inherent or otherwise, may result in injury, illness, death, or property loss. I acknowledge that my participation in Ski Club Activities is purely voluntary, and I wish to participate with knowledge that there are many risks involved. I acknowledge and assume the risks associated with Ski Club Activities.
- The National Park Service and certain Forest Service areas may not allow for the assumption of risks other than the inherent risks, or for the release of liability for claims of negligence. Therefore, for Ski Club Activities that occur on lands controlled by these agencies and where such policy is found by a court of proper jurisdiction to be enforceable as a matter of law, the assumption of risk within this agreement is limited to assuming the inherent risks and the release of liability is inapplicable with the exception of claims arising from my own negligence or willful, reckless, or intentional misconduct. The assumption of all risks and the release of liability shall remain in full force and effect for all Ski Club Activities or any portion of Activities which do not occur on lands controlled by these federal provisions. The indemnity provision set forth in this agreement applies to all Ski Club Activities regardless of where they take place.
Agreements of Release and Indemnity I hereby forever release, hold harmless, and agree not to sue the Ski Club with respect to any and all claims, including claims for negligence, of loss or damage to person or property by reason of injury, disability, death, or otherwise suffered by me arising in whole or part from my enrollment, preparation, participation, or presence in Ski Club Activities. I agree further to indemnify the Ski Club against any claim by a member of my family, a rescuer, another participant, or any other person arising in whole or part from an injury or other loss suffered by or caused by me in connection with my enrollment, preparation for, participation in, or presence on a Ski Club activity. I intend this agreement to be enforced to the fullest extent permitted by law and include claims of negligence, but not claims of gross negligence or intentionally wrongful conduct.
Other Provisions - The Ski Club is authorized to obtain or provide emergency hospitalization, surgical or other medical care for me. Any such third-party medical care provider is authorized to exchange pertinent medical information with the Ski Club. I agree to pay all costs associated with medical services including evacuation. I understand that situations may arise in which third party medical care is not readily available and which may require the Ski Club or participants of Ski Club Activities to provide wilderness medical care. I further understand that this care may be in the form of extended wilderness medical care until definitive medical care is reached. I consent to such medical care.
- The Ski Club may utilize independent private contractors for certain services including, for example, transportation and food service. The Ski Club is not responsible for the acts or omissions of such contractors.
- I agree the Ski Club is not responsible for loss, theft, or damage to my personal belongings at any time during Ski Club Activities.
- If any part of this agreement is found by a court or other appropriate authority to be invalid, the remainder of this agreement nevertheless will be in full force and effect.
- I agree that the interpretation of this agreement or of any other aspect of my relationship with the Ski Club including my participation in any Ski Club Activities shall be governed by the law of the State of Colorado, U.S.A. and that any legal action shall only be brought in Boulder County in the State of Colorado, U.S.A.
I HAVE CAREFULLY READ AND I UNDERSTAND THE FOREGOING PARTICIPANT AGREEMENT, LIABILITY RELEASE, INDEMNITY AGREEMENT, ACKNOWLEDGEMENT & ASSUMPTION OF RISKS AND I SIGN IT OF MY OWN FREE WILL WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. FURTHER, (1) I AM VOLUNTARILY PARTICIPATING IN SKI CLUB ACTIVITIES; (2) I AM AT LEAST 18 YEARS OLD; (3) I UNDERSTAND THE PHYSICAL REQUIREMENTS OF THE ACTIVITIES IN WHICH I WILL BE PARTICIPATING; AND (4) I CURRENTLY HAVE NO KNOWN PHYSICAL, MEDICAL, OR MENTAL CONDITION WHICH WOULD IMPAIR MY ABILITY TO PARTICIPATE IN THE SKI CLUB ACTIVITIES. |