I. RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT:
PARTICIPANT MUST READ CAREFULLY BEFORE SIGNING
In consideration for being permitted to perform the below-described volunteer activities for the
City of Salida, I hereby acknowledge, represent, and agree as follows:
A. I understand that said activities are or may be dangerous and do or may involve
risks of injury, loss, or damage. I further acknowledge that such risks may include but not be
limited to bodily injury, personal injury, sickness, disease, death, and property loss or damage. I
acknowledge that such risks may arise from a variety of foreseeable and unforeseeable
circumstances connected with the use of the activities.
Activities to be performed: Volunteer trail maintenance
Risks of such activities include but are not limited to:
- Risks present in an outdoor or wilderness environment. These risks include travel in high altitude, mountainous or wilderness terrain both on and off trail. Participant’s travel may be subject to storms; lightening; strong winds; fast moving rivers or other water bodies; difficult stream crossings; currents or whitewater; falling rocks; extreme hot or cold weather or water; snow and ice; snow slides and avalanches; fallen timber; stinging, poisonous or disease carrying animals, reptiles or insects; poisonous plants; wild animals and other natural or man-made hazards. Hazards (both on land and above and below water level) may not be marked and weather is unpredictable year round.
- Risks involved in decision making and conduct, including the risk that a SMT staff member, representative, volunteer, co-participant or other party may misjudge a participant’s capabilities, health or physical condition, or misjudge some aspect of instruction, medical treatment, weather, terrain, water level and/or route location. SMT uses volunteers to assist with, and sometimes lead its trips and projects. These individuals are not professional, certified or licensed guides or leaders. In all activities, all participants share in the responsibility for their own safety and the safety of the group.
- Personal health and participation of risks. The risk that participant’s mental, physical or emotional condition (disclosed or undisclosed, known or unknown) combined with participation in these activities could result in injury, damage, death or other loss. Although SMT personnel may review participant’s health and medical information, SMT cannot anticipate or eliminate risks or complications posed by participant’s mental, physical or emotional condition.
- Work project risks. Participating in trail work or service projects can include risks associated with activities such as digging, lifting, construction and clean-up. Projects may include the use of tools and equipment (i.e. pulaskis, shovels, rock bars, pick mattocks and McLeods) that can cause injury resulting from use, misuse or malfunction.
- Risks associated with travel. Travel can be on foot or by vehicle or other means and can be over rough and unpredictable terrain or via lakes and rivers, in snow, sleet, rain or other adverse weather conditions.
- Risks connected with geographical location. Activities may take place in remote locations, several hours from medical facilities, causing potential delays or difficulties in communication, transportation, evacuation and medical care. Although crew leaders may or may not have wireless communication devices, use of these communication devices in outdoor, mountainous and/or wilderness terrain is unreliable and inconsistent. Further, crew leaders may not be trained in first aid, CPR or wilderness medicine. Each participant must carry any needed medications and first aid supplies. Participants should bring first aid supplies recommended by their personal physician or medical care provider, including those to counteract potential serious allergic reactions (for example, anaphylaxis resulting from allergy to bee stings).
- Risks associated with equipment. Equipment used in an activity may be misused, or may break, fail or malfunction potentially creating the risk of bodily injury or death.
- Risks arising from riding or recreating in areas where other may be using firearms, including the risk of being shot or struck by flying debris or by accidental discharge of a firearm.
- Risks associated with cooking and camping. Risks include gas explosion, scalding or other burns associated with cooking over a gas stove or open fire, and water contamination in natural water sources. All water may be contaminated and should be disinfected, filtered or boiled before use.
- Risks associated with free time. Participants will have free and unsupervised time before, during and after the start of a trip and at various other times. During both supervised and unsupervised activities, all participants share in the responsibility for their own safety.
- Risks regarding conduct. The potential that the participant, or other participants or third parties (e.g. driver, rescue squad, hospital) may act carelessly or recklessly.
- Other risks generally associated with outdoor, recreation, education and/or service activities.
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B. By signing this RELEASE AND INDEMNIFICATION AGREEMENT, I
hereby expressly assume all such risks of injury, loss, or damage to me or to any third party
arising out of or in any way related to the above-described activities, whether or not caused by
the act, omission, negligence, or other fault of the City, its officers, its employees, or by any
other cause.
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C. By signing this RELEASE AND INDEMNIFICATION AGREEMENT, I
further hereby waive, and exempt, release, and discharge the City, its officers, and its employees
from, any and all claims, demands, and actions for such injury, loss, or damage, arising out of or
in any way related to the above-described activities, whether or not caused by the act, omission,
negligence, or other fault of the City, its officers, its employees, or by any other cause, excepting
only the willful and wanton conduct of the Town’s officers or employees.
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D. I further agree to defend, indemnify and hold harmless the City, its officers,
employees, insurers, and self-insurance pool, from and against all liability, claims, and demands,
including any third party claim asserted against the City, its officers, employees, insurers, or self insurance pool, on account of injury, loss, or damage, including without limitation claims arising
from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any
other loss of any kind whatsoever, which arise out of or are in any way related to the above described activities, whether or not caused by my act, omission, negligence, or other fault, or by
the act, omission, negligence, or other fault of the City, its officers, its employees, or by any
other cause, excepting only the willful and wanton conduct of the City’s officers or employees.
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E. By signing this RELEASE AND INDEMNIFICATION AGREEMENT, I
hereby acknowledge and agree that said AGREEMENT extends to all acts, omissions,
negligence, or other fault of the City, its officers, and/or its employees, and that said
AGREEMENT is intended to be as broad and inclusive as is permitted by the laws of the State
of Colorado. If any portion hereof is held invalid, it is further agreed that the balance shall,
notwithstanding, continue in full legal force and effect.
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F. I understand and acknowledge that the City, its officers, and its employees are
relying on, and do not waive or intend to waive by any provision of this RELEASE AND
INDEMNIFICATION AGREEMENT, the monetary limitations (presently $150,000 per
person and $600,000 per occurrence) or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, C.R.S. §24-10-101 et seq., as amended, or
otherwise available to the City, its officers, or its employees.
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G. I understand and agree that this RELEASE AND INDEMNIFICATION
AGREEMENT shall be governed by the laws of the State of Colorado, and that jurisdiction and
venue for any suit or cause of action under this Agreement shall lie in the courts of Chaffee
County, Colorado.
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H. This RELEASE AND INDEMNIFICATION AGREEMENT shall be effective
as of the date set forth below and shall be binding upon me, my successors, representatives,
heirs, executors, assigns, and transferees.
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II. PARTICIPANT SIGNATURE AND DATE:
Sign Here
07/04/2025
III. IF PARTICIPANT IS UNDER 18 YEARS OLD, PARENT SIGNATURE AND DATE:
By initialing above and signing below, I acknowledge that I am the parent of the above-named
Participant as the term “parent” is defined in C.R.S. Section 13-22-107(2)(b), and I hereby waive
and release any prospective claim of the Participant against the City, its officers, and its
employees for negligence, to the extent provided in C.R.S. Section 13-22-107(3), in connection
with the above-described activities.
Sign Here
07/04/2025