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RELEASE, WAIVER, AND INDEMNIFICATION OF LIABILITY,

AND EXPRESS ASSUMPTION OF RISK AGREEMENT


INKS RANCH WEEKENDS

 2024/2025

 

THIS IS A LEGALLY BINDING RELEASE, WAIVER, AND INDEMNIFICATION OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AGREEMENT. Please read it carefully and sign at the end of the document.

 

I ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT BY SIGNING THIS RELEASE, WAIVER, AND INDEMNIFICATION OF LIABILITY, AND EXPRESS ASSUMPTION OF RISK AGREEMENT (the “Release”), THAT I, ON BEHALF OF MYSELF AND MY ESTATE, VOLUNTARILY ACCEPT AND ASSUME ALL DANGERS AND RISKS ARISING OUT OF THE Event and Activities (as those terms are defined in Section 1 below). I AM INTENTIONALLY WAIVING ALL RIGHTS AND RELEASING ALL CLAIMS THAT I HAVE OR MAY HAVE ARISING FROM OR RELATED TO MY PARTICIPATION IN THE Event and/or Activities.

1. Definitions. (a) "Undersigned" or “I” means you, the undersigned adult participant, being at least 18 years old, signing on behalf of yourself and the Undersigned’s Estate (as defined below). (b) "Event" means the Inks Ranch Conservation Weekend held on dates listed above and conducted by the Access Fund. (c) “Activity” and “Activities” means all actions related to your participation in the Event, including rock climbing, bouldering, hiking, trail building, trail construction, trail maintenance, trail clean up, installation, maintenance and replacement of fixed anchors and bolts, and all related activities. (d) “Equipment” means the equipment described above, including all equipment loaned to and used by the Undersigned during the Event. (e) “Released Parties” means (i) The Access Fund (“AF”), (ii) Inks Ranch, L.P. (“Inks Ranch”), (iii) all Event sponsors, owners, managers, organizers, co-hosts, and operators of any venue and/or property (owned, leased or otherwise) at which the Event and/or any Activities are held, including but not limited to all public and private landowners, managers, and/or land management agencies (collectively the “Event Managers”), (iv) all of their affiliates, members, officers, directors, managers, employees, agents, volunteers, representatives, retailers, successors, heirs, and assigns of the AF, Inks Ranch, and Event Managers, and (v) all other individuals and entities working at, contributing to, and/or affiliated with the Event. (f) “Undersigned’s Estate” means the Undersigned’s family, estate, heirs, next of kin, personal representatives, successors, assigns, and/or anyone else who has or claims to have any interest through the Undersigned.

2. My Physical Abilities. I understand that the Event is physically demanding. I am unaware of any physical or mental condition that would (a) prevent me from safely participating in the Event, or (b) endanger my health or safety or the health and safety of others due to my participation in the Event. I attest that I am physically fit and competent to participate in the Event, and that all of my questions regarding the Event have been answered to my satisfaction.

3. Hazardous Activities. I understand and agree that participating in the Event and the Activities ARE HAZARDOUS and include DANGERS AND RISKS that CANNOT BE ELIMINATED, that may be apparent, hidden, and/or unanticipated, and that MAY RESULT IN SERIOUS INJURIES TO MY PERSON AND/OR PROPERTY, INCLUDING PARALYSIS AND/OR DEATH. I understand that the hazards and risks include but are not limited to: being hit or crushed by falling rocks, equipment, or other materials or debris; head injuries; sprained or broken bones; poisonous snakes and plants; dehydration; hypothermia, injury due to the negligence of myself and/or others; and exposure to extreme heat or cold, rain or snow, thunderstorms or lightning. I understand that the hazards and risks described above are listed by way of example only, and that there are numerous other hazards and risks inherent in the Event, to which I may be exposed. I understand that I will not be permitted to take part in the Event unless I read, agree with, and sign this Release. I assume full responsibility for acting responsibly and maintaining control at all times while participating in the Event and/or Activities. I agree to read and comply with all instructions of the Event organizersand all posted signs and warnings at the Event. I will not participate in the Event and/or any Activities until all of my questions have been answered to my satisfaction.

4.IN CONSIDERATION FOR MY BEING ALLOWED TO PARTICIPATE IN THE EVENT, BY SIGNING THIS RELEASE, I, ON BEHALF OF MYSELF AND THE UNDERSIGNED’S ESTATE, KNOWINGLY, INTENTIONALLY AND IRREVOCABLY:

 

(a) ACKNOWLEDGE AND ASSUME ALL RISKS AND DANGERS TO MYSELF AND TO OTHERS, INCLUDING THE RISKS OF INJURY OR DEATH, ARISING OUT OF, RELATED TO, OR ASSOCIATED WITH THE EVENT AND/OR THE ACTIVITIES, AND MY PARTICIPATION THEREIN; 

 

(b) AGREE THAT NONE OF THE RELEASED PARTIES SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY TO ME OR THE UNDERSIGNED’S ESTATE, FOR ANY INJURY, DEATH, OR OTHER DAMAGES THAT MAY OCCUR AS A RESULT OF MY PARTICIPATION IN THE EVENT AND/OR THE ACTIVITIES OR AS A RESULT OF THE NEGLIGENCE OF ANY PARTICIPANT OR PARTY, INCLUDING THE RELEASED PARTIES;

 

(c) WAIVE, RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS, THE RELEASED PARTIES FROM (i) ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, LOSSES OR LIABILITIES WHATSOEVER (INCLUDING ATTORNEY FEES AND COSTS) ARISING FROM OR RELATED TO MY PARTICIPATION IN THE EVENT AND/OR THE ACTIVITIES, and (ii) ANY AND ALL LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, THAT I MAY SUSTAIN AND/OR CAUSE TO OTHERS OR THEIR PROPERTY;

 

           (d) AGREE NOT TO SUE, MAKE ANY CLAIMS, OR FILE ANY ACTIONS AGAINST ANY OF THE RELEASED PARTIES THAT ARE BASED ON, ARISE OUT OF, OR RESULT FROM, IN WHOLE OR IN PART, ANY DAMAGE, INJURY, PARALYSIS, LOSS, OR DEATH TO MYSELF OR ANY OTHER PERSON OR PROPERTY AS A RESULT OF MY PARTICIPATION IN THE EVENT AND/OR THE ACTIVITIES; and

 

(e) AGREE TO PAY ALL COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND DISBURSEMENTS, INCURRED BY ANY RELEASED PARTY IN DEFENDING ANY INVESTIGATION, CLAIM, AND/ OR SUIT BROUGHT BY OR ON BEHALF OF THE UNDERSIGNED OR UNDERSIGNED’S ESTATE.

 

5. Medical Care Consent. I represent and swear that I am in good health and capable of safely participating in the Event and Activities. If it reasonably appears that I require medical attention while participating in the event and/or Activities, I hereby authorize the Released Parties and/or their authorized personnel to call for medical care, treatment and/or procedures (collectively "Care"), and/or to transport me to a medical facility or hospital. I knowingly and voluntarily consent in advance to such Care. I agree that upon calling for Care, the Released Parties shall not have any further responsibility to me. I agree to be responsible for all costs associated with such Care and related transportation provided for me and I hereby indemnify and hold harmless the Released Parties from any such costs.

6.Photo Release. I understand that the Event and Activities will be photographed and promoted by the Released Parties and as partial consideration for being allowed to participate in the Event, I hereby give permission to the Released Parties to take and use any photographs, video recordings, and/or movies of me that are taken during the Event and to use, license, and/or sublicense such material for any purpose in any media, including without limitation, print, brochures, advertisements, films, videos, and/or broadcast presentations of any sort.

7. By signing this Release, it is my intent to release, waive and indemnify all of the Released Parties from all liability connected with my participation in the Event and Activities and to personally assume all risk of injury or death. I acknowledge that I am not an employee of any of the Released Parties, and that I will not be compensated in any way for my time or participation in the Event. I understand and agree that the neither the Event or the Released Parties will provide any insurance, or benefits, including workmen’s compensation benefits, on my behalf.

 

8. This Release and any and all claims, demands, actions, causes of action, losses or liabilities arising from or related to my participation in the Event and/or the Activities, including but not limited to, any and all loss, damage, or injury, including death, that I may sustain and/or cause to others or their property, shall be exclusively governed by and construed and enforced in accordance with Texas law, including but not limited to the Texas Recreational Use Statute, Tex. Civ. Practice and Remedies Code, Chapter 75. If any lawsuit or claim is brought arising out of or related to my participation in the Event and/or the Activities, I agree that exclusive jurisdiction for any action or proceeding shall be in Boulder County District Court or in Federal Court for the District of Colorado in Denver, Colorado. I, on behalf of myself and the Undersigned’s Estate, voluntarily and irrevocably waive any objection to such choice of law and waive any defense of inconvenient forum to the maintenance of any action or proceeding so brought. If any provision of this Agreement is or becomes invalid or unenforceable in whole or in part, such provision shall be deemed amended to the minimum extent necessary to conform to the requirements of the law so as to be valid and enforceable. If such provision cannot be so amended, the provision shall be curtailed, limited, or eliminated only to the minimum extent necessary to remove the invalidity, illegality or unenforceability and the rest of this Release shall remain in full force and effect. This Release contains the entire agreement between myself and the Indemnified Parties regarding the subject matter of this Release, and no verbal representations or statements have been made to me that change, alter or modify any part of this Release.

 

9. I understand and agree that (a) the terms of this Release are legally binding upon myself and the Undersigned’s Estate, and not a mere recital, and (b) I would not be able to participate in the Event without entering this Release. I have signed this Release voluntarily and of my own free will, on behalf of myself and the Undersigned’s Estate.

I have read and understand all parts of this Release. By my signature below I agree to each and every term and condition of this document.




Signature of Parent or Guardian (if under 18 years)

As parent or legal guardian of the participant, by my signature below and by co-initialing each of the foregoing paragraphs, I verify that I have read this Release in its entirety and, on behalf of myself and my spouse (if any), agree to each and every term and condition of this Release. In addition, I, on behalf of myself and my spouse, hereby KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVE, RELEASE, INDEMNIFY, AND AGREE TO HOLD HARMLESS the Released Parties FROM ANY AND ALL ACTIONS, SUITS, CLAIMS, DAMAGES, LIABILITY, AND LOSS (INCLUDING ATTORNEY FEES AND COSTS), that I or my spouse, MAY HAVE FOR ANY DAMAGE, INJURY, PARALYSIS, LOSS OR DEATH TO THE MINOR WHOSE NAME APPEARS ABOVE OR SUCH MINOR’S PROPERTY ARISING OUT OF OR RELATED TO THE MINOR’S PARTICIPATION IN THE EVENT AND/OR THE ACTIVITIES, whether such damage, injury, paralysis, loss or death results from NEGLIGENCE of any of the Released Parties or from some other cause. I further agree that I have full and sole responsibility for the safety and well-being of the minor identified in this Release while he or she is PARTICIPATING IN THE EVENT AND/OR THE ACTIVITIES. I personally agree to indemnify and hold the Released Parties harmless for all damage or liability they suffer (including attorney’s fees) arising out of (1) any lack of authority on my part to enter into this Release on behalf of the minor identified in this Release or (2) in the event any part of this Release is held unenforceable by a court and the Released Parties are assessed any costs, liability or damage as a result. 

 

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

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Address Line 2:
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Staff witness

In Person Only
Emergency Phone Number
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


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*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
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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