FOR ALL ADULT AND/OR MINOR PARTICIPANTS.
ALL PARTICIPANT ACTIVITIES/PROJECTS/SERVICES: JANUARY 1, 2024 – DECEMBER 31, 2024
In consideration of being allowed to participate in the activities/projects/services provided by Vail Valley Mountain Trails Alliance and its officers, directors, employees, agents, representatives, and volunteers (hereafter referred to collectively as "VVMTA"), the Hardscrabble Trails Coalition, the Bureau of Land Management, Town of Minturn, Town of Avon, Town of Vail, Eagle County, Community of EagleVail, Town of Gypsum, and USFS – White River NF, Eagle-Holy Cross Ranger District (hereafter referred to as the "Project Partner"), I, an adult participant or parent or legal guardian of a participant who is a minor, (hereafter referred to as the "Participant"), hereby acknowledge and agree to the provisions outlined in this "Waiver, Release of Liability, and Assumption of Risks" (hereafter referred to as the "Document").
If the Participant is under 18 years of age (hereafter sometimes referred to as the "minor" or "child"), it must be signed by his or her parent or legal (court appointed) guardian (the "Parent") who signs for himself or herself and, if allowed by law, the minor Participant.
ACTIVITIES AND ASSUMPTION OF RISKS:
VVMTA's service, educational, instructional, recreational, and/or adventure activities in which Participant may engage, whether by attending, observing, or actively participating, encompass inherent risks. These activities may occur in various urban, frontcountry, or backcountry locations on public or private land in Colorado. Examples include, but are not limited to: hiking, backpacking, camping, wading or swimming, rafting or other boating, service and work projects involving weed or plant removal, tree planting, erosion control, trail building or maintenance, historic structure preservation, sports and/or games, outdoor cooking or other chores, socializing, use of any equipment, facilities, or premises, and travel in vans, SUVs, or other vehicles (hereinafter collectively referred to as "activities"). Activities may span single or multiple days, be scheduled or unscheduled, led by VVMTA paid staff or volunteer leaders (hereinafter collectively referred to as "staff"), Project Partner staff, or contractors, supervised or unsupervised, and may encompass activities during Participant’s free and/or independent time. Participant (and/or the Parent) acknowledges that these activities entail inherent and other risks, hazards, and dangers (hereinafter collectively referred to as "risks") that could result in injury, damage, death, or other loss to Participants or others. The Parent of a minor grants permission for their child to participate in all activities and agrees to discuss the nature of these activities and associated risks with their child. The following enumerates some, though not all, of the risks:
Risks associated with outdoor activities: Participants may overestimate their abilities or fitness, be inattentive, lose control resulting in trips, falls, collisions with objects or individuals, encounter hazards such as animals, water, terrain, or roads, or misunderstand equipment usage, leading to potential injury.
Work or service project risks: Participating in work or service projects involves hazards related to activities like digging, lifting, repair, construction, and tool use, which may cause injury due to misuse or malfunction.
Physical activity risks: Outdoor activities may require physical exertion such as bending, lifting, pulling, pushing, and walking varying distances while carrying equipment, potentially leading to strain or injury.
Outdoor environment risks: Participants may encounter hazards like storms, currents, extreme weather, difficult terrain, wildlife, or natural hazards, which can pose risks of injury, illness, or other adverse effects.
Risks involved in judgment and decision making: Judgment errors in assessing capabilities, health, safety, or environmental factors may lead to injury or complications during activities, including those led by volunteer leaders.
Personal health and participation risks: Participants' physical, mental, or emotional conditions, along with drug usage, may contribute to injury or complications during activities, for which VVMTA cannot anticipate or eliminate risks.
Equipment risks: Misuse, malfunction, or failure of personal or provided equipment may lead to injury, for which Participants assume responsibility for selecting and maintaining appropriate gear.
Geographic location risks: Remote locations may cause delays or difficulties in communication, transportation, or medical care, despite attempts to carry communication devices.
Cooking and camping risks: Hazards related to gas stove use, open fires, water contamination, severe weather, and wildlife encounters may pose risks to Participants during camping activities.
Risks regarding conduct: Careless or reckless behavior by Participants or third parties may lead to injury or harm during activities.
Risks associated with free time: Unsupervised free time may expose Participants to additional risks, for which all Participants share responsibility for their well-being.
Other associated risks: Participants may encounter various additional hazards inherent in service, instructional, educational, recreational, or adventure activities, potentially resulting in injury, damage, or loss. These and other risks may result in Participants: falling partway or falling to the ground; being struck by lightning or objects; colliding with or impacting objects, people, animals or the bottom of a water body; experiencing vehicle or boat collision, capsize or rollover; getting caught or entangled in objects above or below water; reacting to high altitudes, weather conditions or increased exertion; becoming lost or disoriented; suffering gastro-intestinal complications or allergic reactions or experiencing other problems. These and other circumstances may cause heat or cold related illnesses or conditions (including hypothermia, hyperthermia, cold water immersion, frostbite or heat exhaustion/stroke), dehydration, drowning, high altitude sickness, heart or lung complications, broken bones, paralysis or other permanent disability, mental or emotional trauma, concussions, sunburn or other burns, infections, cuts or wounds or other injury, damage, death or loss.
I (Participant and/or Parent of a minor/child Participant) agree:
To review all VVMTA program information and materials, obey all rules and policies, and understand that I may contact VVMTA if I have additional questions about these activities or the associated risks.
That the information provided in this Document is not exhaustive; other unknown or unanticipated activities, risks, and outcomes may exist, and VVMTA cannot assure Participant’s safety or eliminate any of these risks.
That Participant is fully capable of participating without causing harm to himself/herself or others.
Participant is voluntarily participating in these activities with knowledge of the risks. Therefore, Participant (and/or Parent of a minor/child Participant) expressly assumes and accepts full responsibility for Participant, for the inherent and other risks (both known and unknown, described above or otherwise) of these activities and for any injury, damage, death, or other loss suffered by Participant, resulting from those risks, including the risk of the Participant’s own negligence or other misconduct.
RELEASE OF LIABILITY AND INDEMNITY AGREEMENT:
Please read carefully. This Document contains a surrender of certain legal rights.
I (Participant and/or Parent of a minor/child Participant) agree:
To release and agree not to sue VVMTA, Project Partner and each of their respective officers, directors, employees, agents, representatives, volunteers, independent contractors, and all other persons or entities associated with either of them (hereafter collectively the “Released Parties”) with respect to any and all claims, liabilities, suits, or expenses (including attorneys’ fees and costs) (hereafter collectively “claim” or “claims”), for any injury, damage, death, or other loss in any way connected with my/my child’s enrollment or participation in these activities, including use of any equipment, facilities, or premises. I understand I agree here to waive all claims I or my child may have against the Released Parties, and agree that neither I, my child, nor anyone acting on my or my child's behalf, will make a claim against the Released Parties as a result of any injury, damage, death, or other loss suffered by me or my child.
To defend and indemnify (“indemnify” meaning protect by reimbursement or payment) the Released Parties, with respect to any and all claims brought by or on behalf of me, my child, my spouse, my other family member/s, or any other person, for any injury, damage, death, or other loss in any way connected with my/my child’s enrollment or participation in these activities, including use of any equipment, facilities, or premises.
This Document includes claims of or resulting from the Released Parties’ negligence (but not any of their gross negligence or willful or wanton misconduct), and includes claims for personal injury or wrongful death (including claims related to emergency, medical, drug and/or health issues, response, assessment, or treatment), property damage, loss of consortium, breach of contract, or any other claim.
OTHER PROVISIONS:
I (Participant and/or Parent of a minor/child Participant):
Agree that Colorado substantive law (without regard to its “conflict of law” rules) governs this Document, any dispute I or my child have with VVMTA and all other aspects of my/my child’s relationship with VVMTA, contractual or otherwise, and agree that any mediation, suit, or other proceeding must be filed or entered into only in Eagle County, Colorado. I will attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable Colorado mediator.
Authorize VVMTA or Project Partner staff, representatives and/or other medical personnel to obtain or provide medical care for me/my child, to transport me/my child to a medical facility and to provide treatment they consider necessary for my/my child's health; I agree to pay all associated costs.
Agree that VVMTA reserves the right to dismiss any Participant from a VVMTA program/project who staff believe, in their discretion, presents a safety concern or medical risk, is disruptive, or otherwise conducts him or herself in a manner detrimental to the program. If Participant is dismissed or departs for any reason, Participant (and/or their Parent) is responsible for all costs of early departure, including evacuation, medical treatment or other costs.
Authorize VVMTA, Project Partner or parties they authorize, to take images, written or spoken statements or any recordings, of or including the Participant and/or Parent, without compensation, and use these materials, including for broadcast or sale, on the internet or via other media, in catalogs or other materials, or for any promotional, educational or other use. These materials are the sole property of VVMTA or Project Partner.
This Document is intended to be interpreted and enforced to the fullest extent allowed by law. Any portion of this Document deemed unlawful or unenforceable shall not affect the remaining provisions, and those remaining provisions shall continue in full force and effect.
By signing below, I affirm that I have carefully read, understand, and voluntarily sign this Document, and acknowledge that it shall be effective and legally binding upon me, my spouse, participating child and other children, and Participant’s/Parent’s other family members, heirs, executors, representatives, estate, and other parties with subrogation rights.
I understand that my signature is valid and legally binding whether I choose to electronically sign or sign a printable version of this Document.
