Welcome to the Junkyard!

WHY DO WE NEED A WAIVER?

We encourage people of all ages to climb, crawl, build, and explore. There are inherent risks in these activities, but we believe the opportunity to take educated risks is hugely important and enriching. This agreement says you understand those risks and you won't hold us responsible if you get hurt while participating.

EVERYONE OVER 18 MUST COMPLETE THEIR OWN WAIVER.
Accompanying minors must be added to their guardian's waiver.

Your information will be kept CONFIDENTIAL and will NOT be shared.

PARTICIPANT AGREEMENT FOR COMPLETE RELEASE OF CLAIMS, COMPLETE PERSONAL ASSUMPTION OF ALL RISKS, AND MODEL RELEASE

In consideration of the services and facilities provided by Junkyard Social Club, L.L.C., and its agents, managers, artists, members, owners, officers, volunteers, participants, employees, customers, independent contractors, insurers, affiliates, successors, assigns, and all other persons or entities acting in any capacity on their behalf or who may be responsible for any claim related to the foregoing individuals or their activities (hereinafter collectively referred to as "JSC"), I hereby agree to release, indemnify, and discharge JSC, on behalf of myself, my spouse, my children, my parents, my heirs, successors, assigns, insurers, personal representatives, estate, and any other person or entity who could assert a claim by or through me against JSC  as follows:

1. I acknowledge that my participation in adventure playground free-play, facilitated activities and challenges, any use of tools, art installations, structures, interaction with other persons, or any other activity which occurs anywhere on site at the Junkyard Social Club or any other site where Junkyard Social Club programming is being held, and any participation in instructional workshops, classes and camp programs related to Junkyard Social Club entails both known and unanticipated risks that could result in physical or emotional injury, paralysis, permanent mental or physical impairment, loss of present, future earning capacity, death, or damage to myself, to property, or to third parties.  I further understand that the activities available at JSC involve inherent risks that cannot be eliminated without jeopardizing the essential qualities of the activities and JSC’s programming. In consideration for the opportunity to participate in these activities, I have knowingly and voluntarily entered into this Agreement.  

2. I expressly agree and promise to accept and assume all of the risks associated with any activity at JSC, JSC’s facilities, or related in any way to JSC’s programming. My participation in these activities is purely voluntary, and I elect to participate with full knowledge and understanding of the risks that my participation involves. I agree to take personal responsibility for my actions or inaction and safety, as well as responsibility for any minors I am bringing, at all times. I understand certain risks are present at JSC and in connection with JSC programming, including (but not limited to): hazardous terrain, low visibility at night; cold climate and weather; equipment and infrastructure constructed by JSC or available for use at JSC; limited or no supervision by JSC staff; the presence and sale of alcohol; the availability (or lack thereof) of medical facilities and/or assistance; use of fire; the unanticipated or dangerous actions of other persons; and possible adult themes. I have been informed of these risks. I am responsible for reading, understanding and complying with all signage, including instructions provided by JSC staff.  

3. RECOGNIZING THE RISKS OF SERIOUS INJURY OR DEATH, I ASSUME ALL RISKS AND DANGERS ASSOCIATED WITH MY PRESENCE AT JSC OR PARTICIPATION IN ANY PROGRAM SPONSORED BY JSC. I AGREE  RELEASE, HOLD HARMLESS, DEFEND AND INDEMNIFY JSC FROM AND AGAINST ANY AND ALL CLAIMS, COUNTERCLAIMS, DEFENSES, SETOFFS, RECOUPMENTS, DEBTS, DEMANDS, CAUSES OF ACTION, SUITS, OBLIGATIONS, LOSSES, COSTS, EXPENSES AND LIABILITIES OF ANY NATURE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) IN LAW OR IN EQUITY, RELATING TO OR ARISING FROM LOSSES OF, OR DAMAGE TO, PROPERTY AND INJURIES TO, OR DEATH OF, ANY PERSON INCLUDING BUT NOT LIMITED TO MYSELF, ANY MINOR FOR WHOM I AM RESPONSIBLE, AND THE EMPLOYEES, CONTRACTORS, VOLUNTEERS, INVITEES AND LICENSEES OF JSC, REGARDLESS OF WHETHER ARISING DURING OR AFTER MY PARTICIPATION IN ACTIVITIES SPONSORED BY JSC OR MY PRESENCE AT JSC’S FACILITIES, AND WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF JSC OR OTHERS.  I AGREE TO ALL TERMS OF THIS RELEASE AND UNDERSTAND ITS CONTENTS.  I UNDERSTAND AND AGREE THAT THIS RELEASE, AMONG OTHER THINGS, RELEASES JSC FROM RESPONSIBILITY FOR MY INJURIES OR DEATH (WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF JSC OR THIRD-PARTIES) AND MAKES ME RESPONSIBLE FOR INJURIES TO OR DEATH OF OTHERS CAUSED BY ME.  IT IS MY INTENTION THAT THIS RELEASE BE INTERPRETED TO AFFORD THE GREATEST PROTECTION TO JSC THAT IS PERMITTED UNDER COLORADO LAW.  IF PART OF THIS RELEASE IS FOUND TO BE INVALID OR OTHERWISE LIMITED BY APPLICABLE LAW, IT IS MY INTENTION THAT ALL REMAINING PROVISIONS BE INTERPRETED CONSISTENT WITH THE INTENT EXPRESSED IN THIS PARAGRAPH AND ENFORCED TO THE MAXIMUM EXTENT ALLOWED AT APPLICABLE LAW.  I UNDERSTAND THIS IS A RELEASE IN FULL SETTLEMENT AND SATISFACTION OF ALL PRESENT AND FUTURE CLAIMS OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, INCLUDING ANY FUTURE DEVELOPMENTS WHETHER ANTICIPATED OR NOT.  I VOLUNTARILY HAVE SIGNED MY NAME EVIDENCING MY ACCEPTANCE OF THE ABOVE PROVISIONS. IF APPLICABLE (IF PARTICIPANT IS UNDER 18), MY PARENT OR LEGAL GUARDIAN GRANTS PERMISSION FOR ME TO PARTICIPATE IN JSC’S PROGRAMMING AND ENGAGE IN ACTIVITIES AT JSC’S FACILITIES, AND HAS INDICATED THEIR PERMISSION BY SIGNING BELOW

4. Should JSC or anyone acting on their behalf be required to incur attorney's fees or other  to enforce this agreement or to defend any claim brought by me against JSC, I agree to indemnify and hold them harmless for the actual attorneys’ fees, costs, and other expenses (including expert witness fees) which are incurred by JSC or anyone acting on their behalf in defending my claim or enforcing this agreement.

5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

6. In the event that I file a lawsuit against JSC, I agree to do so solely in the state of Colorado, and I further agree that the substantive law of Colorado shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.

By clicking "I AGREE" below, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity or my presence at JSC’s facilities, in related in any way to JSC’s programing, facilities, or any business activity of JSC or Sparkle Pony Productions, I will be found by a court of law to have waived my right to maintain a lawsuit against JSC or Sparkle Pony Productions on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document.  I have read and understood it, and I agree to be bound by its terms.

PHOTOGRAPHY CONSENT & MODEL RELEASE

I hereby grant permission to Junkyard Social Club representatives, to take and use: videos, photographs and/or digital images of me and all of the minors under my guardianship which I've included in this form for use in news releases, educational materials, and marketing efforts by the Junkyard Social Club and it's partners. These materials may be used in printed or electronic publications, on websites, social media, or other electronic communications. I further agree that my name and identity may be revealed in descriptive text or commentary in connection with the image(s). I authorize the use of these images without compensation to me or my family. All negatives, prints, digital reproductions shall be the property of Junkyard Social Club.