ACCIDENT WAIVER AND RELEASE OF LIABILITY FORM
I, THE UNDERSIGNED, HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY/ALL ACTIVITIES (INCLUDING SKATEBOARDING, CYCLING, ANY FORM OF WHEELED SPORTS, USE OF POWER TOOLS OR HAND TOOLS ) ASSOCIATED WITH Lumenati Productions located at 3839 Jackson St, Denver, CO 80205, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.
I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my participation in this activity.
I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the activity in which I may participate, and that it will govern my actions and responsibilities at said activity.
In consideration of my application and permitting me to participate in this activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:
(A) I WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me including my traveling to and from this activity.
I understand that there are inherent risks and dangers in participating in the Activity, which may be both foreseen and unforeseen and include serious physical injury and death. I assume all risk of injury or illness to me resulting from, or arising out of, my participation in the Activity. I acknowledge that Host and its affiliates, employees, contractors and agents (collectively, the “Group”) are not responsible for any injury or illness I may suffer in connection with my participation in the Activity. I, for myself, and my (singularly and collectively) heirs, executors, administrators, trustees, legal representatives, successors and assigns, to the fullest extent permitted by law, hereby fully release and discharge the Group from any and all claims, charges, demands, sums of money, actions, rights, causes of action, obligations or liabilities, resulting from, or arising out of, my participation in the Activity, including but not limited to claims related to injuries, illness or property damage, and including but not limited to claims caused by any negligence (active or passive) of any member of the Group or any other participant, and including without limitation any injury caused by my gear, equipment, or tools.
(B) INDEMNIFY, HOLD HARMLESS, AND PROMISE NOT TO SUE the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this activity, whether caused by the negligence of release or otherwise
I acknowledge that they are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.
I acknowledge that this activity may involve a test of a person's physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, skateboarding, cycling, or any other participation in physical activity, in facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, and/or producers of the activity.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.
I understand while participating in this activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organizers, and assigns.
With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Lumenati Productions, its board members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third-party while at Lumenati Productions, or otherwise, while participating in any activity while in, on, or around Lumenati Productions and/or while using any facilities, equipment, or materials.
The Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.
I CERTIFY THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND I SIGN IT OF MY OWN FREE WILL.
I, the undersigned, agree as follows:
- I understand that there are inherent risks and dangers in participating in the Activity, which may be both foreseen and unforeseen and include serious physical injury and death. I assume all risk of injury or illness to me resulting from, or arising out of, my participation in the Activity. I acknowledge that Host and its affiliates, employees, contractors and agents (collectively, the “Group”) are not responsible for any injury or illness I may suffer in connection with my participation in the Activity. I, for myself, and my (singularly and collectively) heirs, executors, administrators, trustees, legal representatives, successors and assigns, to the fullest extent permitted by law, hereby fully release and discharge the Group from any and all claims, charges, demands, sums of money, actions, rights, causes of action, obligations or liabilities, resulting from, or arising out of, my participation in the Activity, including but not limited to claims related to injuries, illness or property damage, and including but not limited to claims caused by any negligence (active or passive) of any member of the Group or any other participant, and including without limitation any injury caused by my gear, equipment, or tools.
- In recognition of the inherent risks associated with the Activity and in consideration of the opportunity to participate in the Activity, I agree that the Group shall have no liability in connection with, and hereby waive, any and all damages, liabilities, costs, expenses, claims, demands, actions, suits, obligations and liabilities of any kind or nature whatsoever related to my participation in the Activity (“Claims”), and I agree to indemnify the Group from and against any such Claims.
- I represent and warrant that I have no physical or mental condition that precludes me from participating in the Activity, and that I am not participating in the Activity against medical advice. I agree that my participation in the Activity is entirely voluntary and that I may, in my discretion, inspect Location before any participation in the Activity. I agree to comply with the rules and safety protocols attached hereto as Exhibit A, and any other rules or safety protocols communicated to me by Host. In the event that while participating in the Activity I observe any hazard or condition that I believe jeopardizes my or other individuals’ personal safety, I will cease my participation in the Activity and immediately inform host of such hazard or condition.
- I am over the age of 18.
- I hereby grant to Host and its licensees, successors and assigns the right and permission to take photographs, and videos and use, publish and exhibit them without restriction, limitation or further compensation to me, including without limitation for advertising and publicity purposes, in perpetuity, in Host’s sole discretion. I acknowledge and agree that Host shall be the absolute owners of all recordings and all materials into which the recordings are incorporated, as well as all rights, title and interest therein.
(C) RULES AND SAFETY PROTOCOLS
- Only individuals who have signed the participant agreement may enter the Location. Access to the Location during the Activity is limited to adults and minors who are under the active and direct supervision of an adult.
- All participants are responsible for and are required to wear an approved safety helmet designed for their sport while participating in the Activity. The helmet must be worn in the manner for which it was designed, including, but not limited to, in proper condition, with the proper fit, position and strap/buckle adjustments.
- To reduce the risk and/or severity of injuries, participants are also advised to use additional safety gear, such as knee, elbow and shin pads, wrist guards, a sports mouth guard, and eye protection, as well as a full-faced helmet.
- Become familiar with the facility prior to participating in the Activity. If you see something potentially dangerous, please report the condition to the Host immediately.
- Be alert and aware of other participants. Do not stop or stay in a place that blocks the flow of other participants. Announce your presence before dropping in.
- Be courteous and wait your turn.
- Do not use any personal music players during the Activity.
- To reduce the risk of injury, stretch and warm-up before participating.
- Show respect for yourself and other as well as your property and that of others. Pick up after yourself, and keep the Location free of litter and recycle disposables appropriately. Limit your language to content that is friendly to young children.
- Food and/or beverage consumption is limited to designated areas in the Location, and is not allowed in the area.
- The consumption of alcohol, tobacco and drugs are prohibited at the Location and surrounding areas. You should not engage in the Activity if you have consumed any illicit substances or are impaired.
- In the event you violate these Rules and Safety Protocols, you may be removed from the Location without a refund. Repeated violations may result in your permanent prohibition from the Location.
- Do not leave any tools, equipment, or gear unattended. If you see any tools, equipment, or gear unattended, notify the Host.
- You are responsible for ensuring that all your gear, equipment, and tools are in good operating condition and have been reasonably maintained.
I HAVE READ AND UNDERSTAND THIS PARTICIPANT AGREEMENT AND AM AWARE THAT BY SIGNING THIS PARTICIPANT AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING, WITHOUT LIMITATION, THE RIGHT TO SUE.
I HAVE READ AND UNDERSTAND THESE RULES AND SAFETY PROTOCOLS.
ACCEPTED AND AGREED