I wish to participate in activities, events or trips partially or wholly sponsored, organized, directed, conducted, or paid for by Bold Betties LLC, including its employees, agents, volunteers, instructors and members (collectively "Betties"). In exchange for the ability to join and/or participate in such activities, events or trips ("Betties Activities"), by my signature on (and/or clicking on the Betties Meetup webpage to agree to) this Acknowledgement of Risk and Release of Liability ("Release") I hereby irrevocably and unconditionally agree for myself and my heirs, estate, insurers, successors and assigns as follows:
1. Acknowledgement and Assumption of Risk. I understand that any and all Betties Activities may be hazardous and may result in severe injury, loss, damage, or death. I understand that I am solely responsible for my own safety, and for taking every precaution to provide for my safety and well-being, while participating in Betties Activities. I understand that my skills will be challenged during Betties Activities. I understand that I am solely responsible for assuring that my physical conditioning, skills and equipment are adequate for me to participate safely in Betties Activities. I understand that Betties has no obligation to provide medical care, and has not undertaken the responsibility to do so. I understand that Betties is not a guide service. I understand that many Betties Activities are led by volunteers whose abilities, skills, equipment and actions are not independently controlled or verified by Betties. I understand that Betties Activities involve inherent, serious risks and dangers that are impossible to know or predict, including but not limited to: narrow or nonexistent trails; rough, exposed, unstable, steep or slippery terrain; high-altitude illness; lightning; cold weather; avalanches, icefall or rockfall; wild or poisonous animals, insects or plants; dangerous river or water crossings; fires or floods; other forces of nature; equipment malfunctions or failure; extreme remoteness from medical facilities or rescue; travel by motor vehicles or other conveyance; acts or omissions by Betties, its employees, agents, instructors, volunteers or members; and acts or omissions by other activity participants. I understand and have considered and evaluated the nature, scope and extent of the risks involved, and I voluntarily and freely choose to assume such risks.
2. Release from Liability. I fully and forever release and discharge Betties, its volunteers, employees, agents, partners, leaders, instructors, members, guides, officers, directors, representatives, owners or operators of Betties Activities, facilities, equipment and vehicles, and all others involved in Betties Activities (the "Released Parties") from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in or attendance at any and all Betties Activities, including transportation related to Betties Activities, even if it is due to the negligence or other fault of the Released Parties.
3. Photography Release. I hereby consent to the use of my name, picture, portrait or photograph in all forms and media and in all manners, including composite or distorted representations for advertising, trade or in any other lawful purpose and I hereby forever waive any right to inspect or approve the finished product, including but not limited to, written copy or image, that may be created in connection therewith. I further understand that Betties cannot control the use of my name or image once such name or image is published.
4. Information Release. I acknowledge that identity verification and background checks are not performed by Betties in connection with people signing up for Betties Activities on the Betties website or Meetup website and that by signing up for Betties Activities, other people may be able to determine which Betties Activities I am participating in, the location of such Betties Activities and other information about me or my activities and I hereby consent to the release of such information by Betties.
5. Covenant Not To Sue. I will not initiate any lawsuit, court action, or other legal proceeding against the Released Parties, nor join or assist in the prosecution of any claim for money damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me or others in connection with my participation in or attendance at any or all Betties Activities, and I waive any right I may have to do so. This means that I cannot sue to hold the Released Parties responsible for any injuries, losses, or damages that I may experience related to Betties Activities, even if due to the negligence or other fault of the Released Parties. I waive my insurers' right to make a claim against the Released Parties based on payments by insurers to me or on my behalf for any reason. This means that my insurers have no right of subrogation against the Released Parties. If any portion of this Covenant Not to Sue is held to be invalid or unenforceable, I agree that the venue of any lawsuit shall be Denver, Colorado, and that, irrespective of any otherwise applicable choice-of-law statute, law or provision, Colorado statutory and substantive law shall apply to any such lawsuit.
6. Indemnity. I will hold harmless, indemnify, and reimburse the Released Parties from and for any sums, costs, or expenses (including attorney fees) incurred by any of the Released Parties or paid by them to any person (including me or my insurers) in connection with any accident, injury (including death), loss, or damage sustained by me or others in connection with my attendance at or participation in the Activity, including transportation related to Betties Activities. This means that I will reimburse the Released Parties if anyone makes a claim against them based on injuries, losses or damages I may suffer.
7. No Insurance; Medical Expenses. I understand that Betties and others involved in Betties Activities do not provide me with any insurance, including life, medical, motor vehicle, or liability, for any illness, accident, injury, loss, or damage that may arise in connection with my participation in or attendance at any Betties Activities. If I want insurance of any kind, I must obtain my own insurance. I will pay my own medical emergency expenses and all subsequent medical expenses associated with any illness, accident, or injury in connection with any Betties Activities.
8. Validity. I intend this Release to apply in connection with any Betties Activities at any time and anywhere in the world. I agree that my clicking on the acceptance button on the Betties web page constitutes my acceptance of this Release with the same force and effect as if I were to sign a printed copy of this Release. I further understand and agree that my signature of a printed copy of this Release is not required to give effect to my acceptance of the terms of this Release, but I will immediately provide my signature on a printed copy of this Release upon request. If any portion of this Release is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This Release supersedes any oral or written statements made by or to me at any time by anyone in connection with any Betties Activities. I understand that I cannot terminate, cancel, or revoke this Release for any reason.
I UNDERSTAND THAT THIS IS A LEGAL DOCUMENT AND THAT BY CLICKING THE ACCEPT BUTTON ON THE BETTIES WEBPAGE I AM AGREEING TO ITS TERMS WITH THE SAME FORCE AND EFFECT AS IF I WERE SIGNING IT. I UNDERSTAND THAT BY AGREEING TO THIS ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY I AM GIVING UP MY RIGHT TO SUE OR OTHERWISE MAKE ANY CLAIM AGAINST THE RELEASED PARTIES. I HAVE READ THIS ENTIRE DOCUMENT CAREFULLY. I FULLY UNDERSTAND ITS CONTENTS AND I VOLUNTARILY AGREE TO ITS TERMS.
FOR ANY MINOR (A PERSON UNDER 18 YEARS OLD), THE MINOR'S PARENT OR GUARDIAN MUST ALSO READ AND CLICK THE ACCEPTANCE BUTTON ON THE Betties WEBPAGE TO AGREE TO THE FOLLOWING:
Parent/Guardian Release of Minor's Claims
PARTICIPANT (over 18 years of age)
PARENT OF MINOR(Fill the information below only if you have minor participant with you):