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WAIVER AND RELEASE OF LIABILITY & ACKNOWLEDGEMENT AND ACCEPTANCE OF DANGERS, RISKS, AND HAZARD

This Waiver and release of liability & Acknowledgement and Acceptance of Dangers, Risks, and Hazards (hereafter the “Waiver”) affects your legal rights. It is your obligation to carefully read and understand this Waiver. You must not sign this Waiver until you fully understand every part of it and agree to be bound by its terms.

Only parents or guardians may sign on behalf of and waive their child’s rights. Glen Isle strongly urges you to consult with legal counsel of your choice before signing this Waiver.

A. BACKGROUND & INCOMPLETE SUMMARY OF SOME KNOWN DANGERS, HAZARDS, AND RISKS The Town of Glen Isle is a historical private town (what today is called a subdivision) in the State of Colorado. The Town was originally platted with lots for private ownership, but only a few of those lots were sold. Today, there are a handful of the original lots occupied by private owners. Most of the rest of the historic property is now owned by Glen Isle Historical Education & Preservation, Inc., (the “Nonprofit”) a Colorado nonprofit corporation recognized as a public charity under I.R.C. § 501(c)(3). Glen-Isle Resort, LLC (the “Operator”) is a Colorado Limited Liability Company and operates the resort on behalf of the Nonprofit. Together, the Town/Subdivision, Nonprofit, and Operator and all of their agents & representatives (of whatever kind), successors and affiliates are referred to herein as “Glen Isle.” Glen Isle is located in the mountains of Colorado, and most of the historical property is not maintained to modern safety and access standards. There are many risks that may be known or unknown, and predictable or unpredictable, when traveling to and from or within Glen Isle, when participating in activities within, around, or sponsored by Glen Isle, or when otherwise using or occupying the grounds or facilities—including (without limitation) when staying in one of the historic cabins. Nothing in this Waiver is intended to be a complete list of all dangers, hazards, and risks—whether known or unknown, predictable or unpredictable. Rather, this summary is intended to provide notice of some of the known dangers, hazards, and risks for your consideration when determining whether to waive all risks. Some of the known dangers, hazards, and risks include those caused by: exposure including temperature and the weather, unlevel and rocky terrain, wild and domesticated animals, vehicles and other forms of conveyance, fire (including, structural and wildfire), and grounds and facilities (including the historic cabins) not maintained to modern safety standards and/or not equipped with modern safety and monitoring equipment, and the actions of other persons within or related to Glen Isle. Additionally, the only route to the Glen Isle property on public roads is via County Road 64, to County Road 64b, to Old Stagecoach Road from the south of the Glen Isle Property. You may choose to use the bridge from U.S. 285 to Old Stagecoach road to access the Glen Isle property from the north, but that bridge is a private bridge, is not maintained, and is not safe for vehicles over 5,000 pounds (which is not to imply that the bridge is safe for any vehicles regardless of weight). Accordingly, if you choose to use the bridge to access or leave the property, you do so entirely at your own risk and are responsible for any damage you cause to the bridge. Again, this list of dangers, hazards, and risks is not intended to be and is not a complete or exhaustive list of all dangers, hazards, and risks—whether known or unknown, predictable or unpredictable. Rather, this summary is intended to provide notice of some of the known dangers, hazards, and risks.

B. ACCEPTANCE OF DANGERS, RISKS, AND HAZARDS, AND WAIVER & RELEASE OF LIABILITY By engaging in activities at Glen Isle, sponsored or hosted by or on behalf of Glen Isle, or using Glen Isle grounds or facilities, you voluntarily and freely assume all risks and dangers that may occur pursuant to your use of or participation in activities at or sponsored by Glen Isle, including the risk of serious injury, death, or property damage. In consideration for being permitted to enter upon the premises of Glen Isle, participating in activities upon the premises of Glen Isle or sponsored or conducted by Glen Isle, or using the grounds or facilities of Glen Isle, or any other act covered by this Waiver, you agree on behalf of yourself, and your officers, directors, owners/shareholders/members, etc., employees, contractors, volunteers, attorneys, affiliates, successors, assigns, and any other agents or representatives of you as well as any agents, representatives, affiliates, successors, assigns, or family members of any of these persons or entities (including you) you knowingly and willingly accept all dangers, hazards, and risks of being on the property—whether known or unknown, and predictable or unpredictable—except for those caused exclusively by the grossly negligent or worse conduct of Glen Isle. You on behalf of yourself, and your officers, directors, owners/shareholders/members, etc., employees, contractors, volunteers, attorneys, affiliates, successors, assigns, and any other agents or representatives of you as well as any agents, representatives, affiliates, successors, assigns, or family members of any of these persons or entities (including you) herby waive, release, and discharge Glen Isle, including (without limitation) its officers, directors, owners/shareholders/members, etc., employees, contractors, volunteers, attorneys, affiliates, successors, assigns, and any other agents or representatives of Glen Isle as well as any agents, representatives, affiliates, successors, assigns, or family members of any of these persons or entities—from any liability that is in any way related to your interactions with Glen Isle (including, without limitation, travel, from, and within Glen Isle; any activities conducted within or sponsored by Glen Isle, or your occupation of any part of Glen Isle) within the scope of this Waiver to the maximum extent permissible by law, which excludes liability caused by the grossly negligent (or worse) conduct of Glen Isle or grossly negligent (or worse) conduct for which Glen Isle is legally responsible. You understand that this Waiver is intended to be, and is, a complete release of any responsibility (to the maximum extent permitted by law) of Glen Isle (including all of the related parties listed herein) for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by you or any of the parties related to you listed herein, while traveling to/from or within Glen Isle, engaging in activities upon Glen Isle’s property or sponsored/hosted by Glen Isle, or otherwise using or occupying the facilities or grounds of Glen Isle.

C. INDEMNIFICATION You on behalf of yourself, and your officers, directors, owners/shareholders/members, etc., employees, contractors, volunteers, attorneys, affiliates, successors, assigns, and any other agents or representatives of you as well as any agents, representatives, affiliates, successors, assigns, or family members of any of these persons or entities (including you) agree that you will indemnify, hold harmless, and defend Glen Isle, including (without limitation) its officers, directors, owners/shareholders/members, etc., employees, contractors, volunteers, attorneys, affiliates, successors, assigns, and any other agents or representatives of Glen Isle as well as any agents, representatives, affiliates, successors, assigns, or family members of any of these persons or entities—against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, that arise from or are in any way related to your interactions with Glen Isle (including travel, from, and within Glen Isle; any activities conducted within, by, or sponsored/hosted by Glen Isle, or your occupation of any part of Glen Isle) within the scope of this Waiver.

D. COVENANT NOT TO SUE You on behalf of yourself, and your officers, directors, owners/shareholders/members, etc., employees, contractors, volunteers, attorneys, affiliates, successors, assigns, and any other agents or representatives of you as well as any agents, representatives, affiliates, successors, assigns, or family members of any of these persons or entities (including you) represent and covenant that neither you nor any of the above will commence any action, lawsuit, arbitration, or any other formal or informal legal proceeding against Glen Isle, including (without limitation) its officers, directors, owners/shareholders/members, etc., employees, contractors, volunteers, attorneys, affiliates, successors, assigns, and any other agents or representatives of Glen Isle as well as any agents, representatives, affiliates, successors, assigns, or family members of any of these persons or entities—that is in any way related to your interactions with Glen Isle (including, without limitation, travel, from, and within Glen Isle; any activities conducted within or sponsored by Glen Isle, or your occupation of any part of Glen Isle) within the scope of this Waiver— and that your indemnification obligations set forth above apply to any breach of this Covenant Not to Sue.

E. OTHER TERMS

1. Signing. This Waiver may be signed in counterparts or through a secure cloud-based method such as DocuSign or Adobe Sign; digital signatures are valid and authorized.

2. Severability. You agree that if any provision of this Waiver is determined by a court of competent jurisdiction to be in violation of any law, rule of equity, or otherwise invalid or unenforceable, such provision must, to such extent as it may be determined to be illegal, invalid or unenforceable under such law be deemed null and void without effecting any other provision of this Waiver, which must remain in full force and effect.

3. Contract Interpretation. You acknowledge that you have been advised to have this Waiver to be reviewed by legal counsel of your own choice and have either done so or knowingly and intentionally decided not to do so. This Waiver has been specifically negotiated, and any presumption that an ambiguity contained in this Waiver will be construed against the party that caused this Waiver to be drafted will not apply to the interpretation of this Waiver. Headings are purely for purposes of organization and readability and are without legal force or effect. For purposes of this Waiver, (a) the words “include,” “includes,” and “including” or the like are deemed to be followed by the words “without limitation;” (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” or the like refer to this Waiver as a whole.

4. Governing Law; Disputes. This Waiver is governed by the laws of the State of Colorado without reference to its conflict of laws principles. Any dispute related to or arising from circumstances covered by this Waiver or in any way connected to your interactions with Glen Isle must be filed in the District Court for Park County, Colorado. You irrevocably consent to the personal jurisdiction of the Colorado state courts (and the Park County District Court specifically) for this purpose. You irrevocably waive any objections to venue in the Park County District Court, as well as any right to file any matter related to this Waiver in a Federal court. The prevailing party or parties in such dispute must receive their reasonable litigation costs and a reasonable attorneys’ fee from the non-prevailing party or parties. To the extent that sovereign immunity would bar enforcement of anything in this Waiver, you—on behalf of such sovereign and representing and warranting that you have the authority to waiver immunity—hereby waive immunity to the extent needed to fully enforce this Waiver.

5. Representations & Warranties. Each person signing this Waiver represents and warrants that such person has the authority to execute this Waiver. Any natural person executing this Waiver for any legal entity represents and warrants that such natural person has the full authority on behalf of such entity to execute this Waiver.

6. Fully Incorporated Agreement. This Agreement is the sole and entire agreement between the Parties with regard to the subject matter hereof. This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each Party hereto. 

F. DECLARATION BY SIGNING YOU DECLARE UNDER PENALTY OF PERJURY PURSUANT OT THE LAWS OF THE STATE OF COLORADO THAT YOU ARE OF LEGAL AGE, OF SOUND MIND AT THE TIME YOU ARE SINGING (INCLUDING NOT BEING UNDER THE INFLUENCE OF ANY MIND-ALTERING SUBSTANCES) AND THAT YOU HAVE CAREFULLY READ, CLEARLY UNDERSTAND, AND VOLUNTARILY AGREE TO THE TERMS AND CONDITIONS OF THIS WAIVER FOR YOURSELF, YOUR MINOR CHILDREN, AND ANY OTHER PERSON FOR WHOM YOU HAVE THE AUTHORITY TO WAIVE THEIR RIGHTS AS SET FORTH IN THIS WAIVER ABOVE.

First Participant's Name
First Name*
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Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
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Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
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Participant's Date of Birth*
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Fourth Participant's Name
First Name*
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Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
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Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
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Participant's Date of Birth*
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Seventh Participant's Name
First Name*
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Participant's Date of Birth*
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Eighth Participant's Name
First Name*
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Participant's Date of Birth*
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Ninth Participant's Name
First Name*
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Participant's Date of Birth*
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Tenth Participant's Name
First Name*
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Participant's Date of Birth*
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Parent or Guardian's Email Address
Email*
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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*
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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