CRESTED BUTTE DEVELOPMENT TEAM
WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING.
ACTIVITY: ALL DEVELOPMENT TEAM ACTIVITIES THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS.
1. Definitions. The person who is taking part in the CRESTED BUTTE DEVELOPMENT TEAM ACTIVITIES shall be referred to hereinafter as “PARTICIPANT”. The “UNDERSIGNED” means only the PARTICIPANT when the PARTICIPANT is age 18 or older OR it means both the PARTICIPANT and the PARTICIPANT’s parent or legal guardian when the PARTICIPANT is under the age of 18. “Released Parties” means Crested Butte Development Team, Inc., or any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders; the U.S. Forest Service, the Bureau of Land Management, the Crested Butte Land Trust, Town of Crested Butte and the Town of Mt. Crested Butte. Use of trails on lands owned by the Crested Butte Land Trust (CBLT) is free of charge. No portion of any fees for use of trails has been paid to CBLT. THE UNDERSIGNED agree and understands that taking part in the CRESTED BUTTE DEVELOPMENT TEAM activities, mountain biking, downhill mountain biking, riding in vehicles to get to a trailhead, and generally recreating or using primitive trails for any purpose (hereinafter the “ACTIVITY”) can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH.
2. Risks of ACTIVITY. The UNDERSIGNED agree and understand that taking part in the ACTIVITY can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The UNDERSIGNED acknowledge that the ACTIVITY is inherently dangerous and fully realize the dangers of participating in the ACTIVITY. The risks and dangers of the ACTIVITY include, but are not limited to: falling; slick or uneven surfaces; surface and subsurface trail conditions; bumps; roots; snow and ice; variations in terrain; rugged mountainous terrain; downed timber; stumps; forest growth; rocks; debris; marked and unmarked obstacles; man-made objects; visibility; collisions; encounters with other bike riders and/or other motor vehicles; adverse weather; limited access to and/or delay of medical attention; fatigue; exhaustion; dehydration; hypothermia; high elevation; altitude sickness; mental distress from exposure to any of the above; and negligence of others. THE UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS.
3. Duties of PARTICIPANT. The PARTICIPANT assumes the responsibility of maintaining control at all times while engaging in the ACTIVITY. PARTICIPANT is responsible for reading, understanding and complying with all signage, including instructions from coaches or instructors. PARTICIPANT acknowledges that he/she has the physical dexterity and knowledge to safely ride their mountain bike.
4. Release, Indemnification, and Assumption of Risk. In consideration of the PARTICIPANT being permitted to participate in the ACTIVITY, the UNDERSIGNED agree as follows:
(a) Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the UNDERSIGNED, or any of them, have or which could be asserted on behalf of the UNDERSIGNED in connection with the PARTICIPANT’s participation in the ACTIVITY, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract.
(b) Indemnification. The UNDERSIGNED hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, PARTICIPANT’s participation in the ACTIVITY. Such obligation on the part of the UNDERSIGNED shall survive the period of the PARTICIPANT’s participation in the ACTIVITY.
(c) Assumption of Risk. The UNDERSIGNED agree and understand that there are dangers and risks associated with the participation in the ACTIVITY and that INJURIES AND/OR DEATH may result from participating in the ACTIVITY, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the UNDERSIGNED recognize that property loss, injury and death are all possible while participating in the ACTIVITY. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
5. Minor Acknowledgment. In the case of a minor PARTICIPANT, the UNDERSIGNED parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The UNDERSIGNED parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the ACTIVITY. By signing this Agreement without a parent or legal guardian’s signature, PARTICIPANT, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor PARTICIPANT, signing adults represent that they are a legal parent or guardian of the minor PARTICIPANT.
6. Medical Care. UNDERSIGNED authorize the Released Parties and/or their authorized personnel to call for medical care for PARTICIPANT or to transport PARTICIPANT to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. UNDERSIGNED agree to pay all costs associated with such medical care and related transportation.
7. Miscellaneous. The UNDERSIGNED further agree and understand: (a) PARTICIPANT will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Colorado, and the exclusive jurisdiction for any claim shall be the District Court of Gunnison County, Colorado or the federal court of the State of Colorado; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) the UNDERSIGNED understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the UNDERSIGNED’s that this agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the UNDERSIGNED.
During the Crested Butte Development Team program, we will be taking photographs and/or video of our participants to use for marketing purposes. Your child may appear in one or more of these photographs or videos. By indicating below, you grant Crested Butte Development Team the right of publicity to own and use without compensation any image(s) of your child participating in Crested Butte Development Team.
I give permission for my child/ren, and his/her/their bike(s) to be transported in the Crested Butte Development Team vehicle. Athletes will be shuttled to local trail heads, Hartman Rocks, and other team related activities only.
Athlete Medical Release
Parent hereby authorizes Crested Butte Development Team and/or their named coaches, to secure any hospital, medical, dental or surgical care, treatment and/or procedures for the above named athlete. Parent also consents that in the event of injury to the athlete, coaches can sign for participant to receive care, treatment and/or procedures, under the instructions and directions of the licensed physicians on call at the emergency room of the nearest hospital or emergency facility. The coaches shall notify parent at the earliest possible time during or after such care, treatment and/or procedures. Parent knowingly and voluntarily consents in advance to such care, treatment and or procedures to encourage the physicians and coaches to exercise their best judgment as to the requirements of such care, treatment and/or procedures.
I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.