AGREEMENT TO ASSUME ALL RISKS; RELEASE OF LIABILITY/ AGREEMENT NOT TO SUE & TO INDEMNIFY
Please read this contract carefully.
It releases Gore Range Gravity Alliance Foundation from liability and waives certain rights.
In consideration of being permitted to participate in the recreation activity provided by Gore Range Gravity Alliance Foundation, d.b.a. Gore Range Gravity Alliance, d.b.a. GRGA (“GRGA”), I, the Participant (or if the Participant is under the age of 18, I, on the Participant’s behalf) understand, acknowledge, and contractually agree as set forth below (the “Agreement”):
1. Acknowledgement of Dangers and Risks: I understand, acknowledge, and agree that participating in unguided and guided outdoor recreation experiences, which experiences may include unguided mountain biking and road biking, unguided hiking, unguided trail running, unguided land navigation, unguided uphill skiing/skinning, unguided downhill skiing and snowboarding, unguided avalanche beacon hunt activity and avalanche training, and other unguided high altitude activities (hereinafter collectively, the “Activity”) can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand, acknowledge, and agree that participating in the Activity involves certain inherent dangers and risks that cannot be eliminated or controlled by GRGA, the presence of which are integral to the adventurous nature of the Activity. I contractually agree that the following dangers and risks that could cause physical or emotional injury or death are inherent to the Activity, but that the list of inherent risks is not exhaustive – I understand and acknowledge that there are many other dangers or risks associated with the Activity not listed below: a) Risks associated with unguided hiking and unguided trail running, including: slipping, tripping or falling; loss of balance; dizziness and/or vertigo; fatigue; slick or uneven walking surfaces; unmaintained or rough trail; wet or slippery trails; variations in terrain; exposure to steep terrain; trail and ledge side drop offs; exposure to falls (including from heights); path and/or trail obstructions and other unmarked or obscured hazards in the outdoor environment; exposure to falling rock, ice, or other objects; erosive cliff or ledge conditions; b) Risks associated with unguided road or mountain bicycling, including: collisions with other road or trail users or participants; failure to navigate and/or collisions with vehicles, other fixed or moving objects and marked or unmarked obstacles or features including bridges, ramps, potholes, bumps, drops, vegetation, stumps, loose surfaces, sand, mud, water, roots, rocks, trees, and other hazards; sudden stops; sharp or blind turns; unmaintained, rough, or otherwise hazardous road, trail, or terrain features including jumps; wet, slippery, muddy, or sandy roads or trails; encounters with animals; loss of balance; uncontrolled or unsafe speed of travel for conditions or experience; difficulty or inability to control direction; falling; variations in road or trail steepness; hazardous contact with bike components; poorly maintained bike equipment and components; failure or malfunction of the bike or its components including the bike frame, wheels, and tires; injuries resulting from repetitive motion and/or poor bike fit; human error or negligence; c) Risks associated with unguided uphill skiing/skinning, unguided downhill skiing and snowboarding, unguided overnight winter hut camping, unguided avalanche beacon hunt activity, and unguided high altitude snow sports, including: hazardous variations in snow sports terrain including existing, changing, or otherwise dangerous snow, ice, rock and/or trail conditions; unstable or loose rock, ice, snow, or other terrain; unsafe speed of travel for conditions or experience; injurious contact or collision with ski lifts, poles, fencing, or other skiers or snowboarders; falling from or being stuck on ski lifts; failure or malfunction of snow sports equipment including bindings; shivering, confusion, and severe drop in body temperature; whiteout conditions; snow immersion, including falling into a tree well; avalanche; suffocation; injuries resulting from the use of snow shovels and other snow tools; failed or improper use of rescue equipment including avalanche beacons, receivers, shovels, probes, and airbags; snow shelter collapse; errors in or related to avalanche or snow condition forecasting; enclosed huts and buildings and associated risk of carbon monoxide poisoning; asphyxiation; snow blindness; frostbite including damage to or loss of extremities; hunger; dehydration; unsafe food and/or water; exposure; exhaustion; slips and falls from great heights and icy surfaces; lack of or poor judgment due to altitude; lack of or inadequate rescue or evacuation services or assistance; navigational errors; inability to communicate due to environmental barriers or equipment failure; d) General risks associated with participating in the Activity and participating in the Activity with other participants, including: slips, trips, and falls including from great heights and icy surfaces; navigational errors; difficulty with route finding and/or getting lost; lack of or inadequate shelter; falling into the water from onshore; dangerous water crossings; allergen exposure; exposure to various dangerous or diseased wildlife or insects; falling trees, limbs, rocks, or other objects; lack of access to or inability to receive weather-related warnings after embarking on the Activity; poor or varying visibility; moving objects associated with extreme weather; changing and extreme weather; temperature fluctuations including extreme or dangerous cold and heat; extreme or partial darkness; wind and extreme and severe wind, hail, sleet, blizzard, whiteout, fog, lightning, and other adverse weather conditions; landslides; avalanche; mudslides; flashfloods; earthquake; water, ice, and debris fall; wildfire or uncontrolled camp fire and associated smoke; burns or burning associated with campfires, cook stoves, hot surfaces, and sun exposure; injuries caused by aiding others; exposure to food-borne, water-borne, vector-borne, or airborne bacteria, virus, or pathogens; cooking related dangers; exposure to food allergens; human error or negligence; hazards created by others; high altitude and altitude sickness; high altitude pulmonary edema (“HACE”), high altitude cerebral edema (“HAPE”), brain damage, ataxia (loss of coordination or balance); inadequate acclimatization, and difficulty breathing; all manner of outdoor injuries or ailments including brain injury, head injury, spinal injury, joint injury, bruises, broken bones, loss of appendages, crush and compression injuries, paralysis, sprains; physical over-exertion and fatigue, mental or physical shock; internal injury, sickness or disease, hypothermia, sunburn, heatstroke, dehydration, and hyponatremia; exacerbation of Participant’s own health condition(s); diminished ability to react; inadequate or improper clothing, footwear, or equipment; Participant’s failure to wear or appropriately use protective gear or clothing; Participant’s failure to estimate and operate within Participant’s experience; Participant’s failure to use equipment appropriately or effectively; Participant’s failure to understand and comply with instructions; mentally or physically unstable, negligent, or criminal trip participants or others; lack of access to immediate medical care due to remote location; inadequate or incorrect medical care; poorly executed or failed rescue attempts; dangerous contact with rescue vehicles or aircraft; failure or lack of communication equipment; inadequate or malfunctioning equipment; and mental, physical, or emotional injury or distress from exposure to any of the above. I understand that GRGA has done its best to list the known risks of participating in the Activity, but agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Activity.
2. Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Activity despite the dangers and risks of doing so, and I freely choose to accept the risks of participating in the Activity. I recognize that death, physical, mental, or emotional injury, and property damage or loss, are all possible while participating in the Activity. I expressly acknowledge and assume all risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, that may result in physical, mental, or emotional injury, property damage or loss, or death.
3. Participant’s Responsibilities and Representations: I represent that I am physically and mentally capable of participating in the Activity. I understand and agree that the GRGA “Ambassadors” are not guides, and the Activity is unguided. I represent that I have had the opportunity to both independently research and discuss with GRGA or others the nature and risks of participating in the Activity and my assumption of those risks. I have been informed of and understand the expectations of me while engaging in the Activity. I understand that though no state or local law mandates the use of helmets for skiers, snowboarders, or cyclists, GRGA strongly recommends wearing a helmet while participating in these activities, and that if I choose not to wear a helmet, I am taking full responsibility for this choice, and that such choice carries with it an increased risk of injury or death. I understand and agree that wearing a helmet may not protect me from serious injury or death. I understand that I am responsible for providing my own equipment and for its maintenance and use (except for the “Beacon Hunt” Activity for which beacons and probes may be provided for instruction and practice). I specifically and expressly agree that, in order to prevent injury to myself or others, I have full responsibility for managing and treating my own mental or physical conditions, as well as those of minor Participant, including allergies that could result in anaphylaxis. I acknowledge that in the event I choose to consume drugs or alcohol directly prior to or during the Activity, I will bear sole responsibility for myself and for any damages I may cause to GRGA, to public or private property, or to others. I am not relying on any prior oral, written, or visual representations made by GRGA, including in any website or promotional materials, to induce me to participate in the Activity. With all of the foregoing in mind, I assume full responsibility for my own safety.
4. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for Gore Range Gravity Alliance Foundation’s agreement to allow the Participant to participate in the Activity, I HEREBY AGREE NOT TO SUE GORE RANGE GRAVITY ALLIANCE FOUNDATION, d.b.a. Gore Range Gravity Alliance, d.b.a. GRGA, and their affiliated companies and subsidiaries, or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, volunteers (including GRGA volunteer “Ambassadors”), representatives, assignees, officers, directors, contractors, members, managers, shareholders, and owners (each hereinafter a “Released Party”) for any property damage (including but not limited to equipment damage or loss), injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activity. By signing this Agreement Not to Sue, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage or loss to property arising from Participant’s participation in the Activity or from Participant’s use of equipment or facilities provided by any Released Party, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty (but not gross negligence or intentional conduct).
5. Agreement to Indemnify: I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the undersigned Participant and/or a third party arising in whole or in part from Participant’s participation in the Activity. In other words, if Participant and/or anyone on Participant’s behalf files any lawsuit or brings any claim for injury or damage against any Released Party, undersigned Participant will be required to pay back to the Released Party or Parties all sums of money incurred by or paid by or on behalf of the Released Party or Parties on account of the bringing of such suit or claim, including all attorneys’ fees and costs.
6. Medical or Emergency Care and Authorization: I understand and agree that no special relationship is or has been created between Participant and GRGA or its Ambassadors and that neither GRGA nor its volunteer Ambassadors are under any obligation or have any duty to provide any kind of medical or mental health care for Participant in the event that Participant may injure themself or become ill, including administering first aid, CPR, or calling for emergency services. Colorado law expressly shields individuals from civil liability for any actions or omissions while providing emergency aid in good faith and without compensation, excluding willful, wanton, or reckless conduct. To the extent that I or minor Participant may need medical or emergency care, I hereby: 1) authorize a volunteer Ambassador or other participants to undertake any emergency medical care for me within their training; 2) authorize the Released Party or Parties and/or to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such individuals, medical attention is needed; 3) agree that, following my transport to any such medical facility or hospital, the Released Parties shall not have any further responsibility for me; 4) agree to pay all costs associated with the medical care, rescue, or any related transportation provided for me; and 5) shall hold each and every Released Party harmless from any claims associated with such medical care and/or related transportation.
7. Application of Agreement to Minor Participants: In the case of a minor Participant, I, as parent or legal guardian, acknowledge that I am not only signing this Agreement on my own behalf, but that I am also signing on behalf of the minor and that the minor shall be bound by all of the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, I understand that I am also waiving certain rights on behalf of the minor that the minor otherwise may have. I agree that but for the foregoing, the minor Participant would not be permitted to participate in the Activity, and I sign this document out of a desire to have the Participant be allowed to participate in the activity. I represent that I am a legal parent or guardian of the minor Participant.
8. Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract: I represent that I am at least 18 years of age, that I am the same person signing below, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives, and those of the minor Participant.
9. Agreement to Application of Colorado Law and Selection of Forum: I agree that any and all claims directly or indirectly arising from or related to this Agreement, including any and all tort or contract claims arising from my participation in the Activity under this Agreement, shall be governed by Colorado law, and that the exclusive jurisdiction for any claim shall be in the District Court of Colorado, County of Eagle, without regard to where the incident giving rise to any lawsuit occurs and without regard to any jurisdiction’s conflicts of laws analysis.
10. Miscellaneous Provisions: I agree that GRGA may utilize my photograph or video of me participating in the Activity for any purpose and that any such images are the property of GRGA. If any sentence, clause, paragraph, or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement may be modified only in writing. An electronic signature or acknowledgment of agreement upon this contract is fully binding and enforceable, and a copy of this executed Agreement may be used as if it is the original. I agree that any subcontractors or other vendors utilized by GRGA during or incidental to the Activity are solely responsible for injury that occurs to me while I am in their care and that GRGA is not in a joint venture with any such vendor or subcontractor. This Agreement becomes effective on and will continue in effect for 365 days from the date of my signature below.
I HAVE CAREFULLY READ THE FOREGOING THREE-PAGE AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY MINOR CHILD OTHERWISE MAY HAVE.
I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS AGREEMENT.