Guided Trip
PARTICIPATION AGREEMENT, RELEASE AND ACKNOWLEDGEMENT OF RISK
In consideration of the services of Colorado Wilderness Sports, Inc., dba Estes Park Mountain Shop, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "C.W.S."), I hereby agree to release, indemnify, and discharge C.W.S., on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that rock climbing and fly fishing entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property; or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: rock climbing-the hazard of walking on uneven terrain and slips and falls; being struck by rock fall or other objects dislodged or thrown from above; the use of climbing ropes and equipment; the forces of nature, including lighting and rapid weather changes; the risk of falling off the rock; the risk of exposure to insect bites, the risk of cold including hypothermia; my own physical condition, and the physical exertion associated with this activity. Kayaking- whitewater rapids will be encountered; your boat could turn over and /or you could have to swim rapids risking collision with rocks and entanglement in trees; head injuries con occur; you can slip or fall during a hike, resulting in damage to equipment or personal injury; exposure to the natural elements can be uncomfortable and/ or harmful; you should be aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke and heat cramps; also prolonged exposure to cold water can result in hypothermia; exposure to potentially dangerous wildlife, insects, plants; and accidental drowning is also a possibility.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless C.W.S. from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of C.W.S.’s equipment or facilities, including any such claims which allege negligent acts or omissions of C.W.S.
4. Should C.W.S. or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
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 C.W.S., I agree to do so solely in the state of Colorado, and I further agree that the substantive law of that state 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 portion shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against C.W.S. 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 agree to be bound by its terms.
I agree that I have read, understand and agree to the waiver found at the top of this document.
I agree that I have read, understand and agree to the waiver found at the top of this document.
I agree that I have read, understand and agree to the waiver found at the top of this document.
I agree that I have read, understand and agree to the waiver found at the top of this document.
I agree that I have read, understand and agree to the waiver found at the top of this document.
I agree that I have read, understand and agree to the waiver found at the top of this document.
