Trading for Trails Acknowledgement of Risk and Release of Liability
Waiver
I (or, in the case of a family membership, we) wish to become a member to the Trading for Trails and/or participate activities, events or trips, or the rental or trade of equipment, partially or wholly sponsored, organized, directed, conducted, or paid for by Trading for Trails, including its employees, agents, volunteers, instructors, and members (collectively “Trading for Trails”). In exchange for the ability to join or participate in such rentals or trades of equipment, activities, events or trips (“Trading for Trails Activities”), by my/our signature on this Acknowledgement of Risk and Release of Liability (“Release”) I/we hereby irrevocably and unconditionally agree for myself/ourselves and my/our heirs, estate, insurers, successors and assigns as follows:
- ACKNOWLEDGEMENT AND ASSUMPTION OF RISK. I understand that any and all Trading for Trails Activities may be hazardous and may result in severe injury, loss, damage, or death. I understand I am solely responsible for my own safety, and for taking every precaution to provide for my own safety and well-being, while participating in Trading for Trails Activities. I understand my skills will be challenged during Trading for Trails 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 Trading for Trails Activities. I understand that Trading for Trails has no obligation to provide medical care, and has not undertaken the responsibility to do so. I understand that Trading for Trails is not a guide service. I understand that many Trading for Trails Activities are led by volunteers whose abilities and skills, equipment and actions are not independently controlled or verified by Trading for Trails. I understand that Trading for Trails 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; slips and falls; high-altitude illness; changing weather conditions; lightning; cold weather; avalanches; icefall or rockfall; wild or poisonous animals, insects or plants; dangerous river or water crossings; fire or floods; contraction of or exposure to airborne illness or infectious diseases; other forces of nature; equipment malfunctions or failures; extreme remoteness from medical facilities or rescue; human error including but not limited to navigation, in the provision of first aid or lifesaving efforts, and in travel by group; travel by Moto vehicles or other conveyance; acts or omissions by Trading for Trails, its employees, agents, instructors, volunteers, or members; and acts or omissions by other activity participants. I understand and have considered the nature, scope and extent of the risks involved, and I voluntarily and freely choose to assume such risks.
- RELEASE FROM LIABILITY. I fully and forever release and discharge Trading for Trails, its volunteers, leaders, members, employees, agents, partners, instructors, guides, officers, directors, representatives, owners and operators of Trading for Trails Activities, facilities, equipment and vehicles, and all others involved in Trading for Trails Activities (the “Released Parties”) from any and all injuries (including but not limited to death, illness and disease), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability or claims 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 in attendance at any and all Trading for Trails Activities, including transportation related to Trading for Trails Activities, even if it’s due to the negligence or other fault of the Released Parties.
- COVENANT NOT TO SUE. I will not initiate an 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 injury (including but not limited to death, illness and disease), losses, damages sustained by me or others in connection with my participation in or attendance at any or all Trading for Trails 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 Trading for Trails 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 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 the Adams County Justice Center, Brighton, 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.
- INDEMNITY. I will hold harmless, indemnify, defend, 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 my attendance at or participation in the Activity, including transportation related to Trading for Trails 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.
- NO INSURANCE; MEDICAL EXPENSES. I understand that the Trading for Trails and others involved in Trading for Trails Activities do not provide me with any insurance, including life, medical, vision, dental, 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 Trading for Trails 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, disease, accident, injury, or death in connection with any Trading for Trails Activities.
- VALIDITY. I intend this Release to apply in connection with any Trading for Trails Activities at any time and anywhere in the world. I agree that my signature below has the force and effect of indicating my agreement to the terms of this Release. Likewise, if I have executed this Release by clicking on the acceptance button on the Trading for Trails web page, that action constitutes my acceptance of this Release with the same force and effect as if I were to sign a printed copy of this Release. If family membership or participation in Trading for Trails is applied for, I agree that my clicking on the acceptance button on the Trading for Trails web page constitutes the agreement of each adult family member to all the terms and conditions of the Release. I further understand and agree that payment to Trading for Trails for rental gear, or trading gear, constitutes additional, independent acceptance of all of the terms 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 statement made by me or to me at any time by anyone in connection with any Trading for Trails Activities. I understand that I cannot terminate, cancel, or revokee this Release for any reason.
- PHOTO RELEASE. I hereby give full consent to Trading for Trails to photograph me and/or my child and/or publish any photographs or videos in which I or my child appears. I agree that said photos or videos may be used for public display and/or publication for nonprofit purposes.
I UNDERSTAND THAT THIS IS A LEGAL DOCUMENT AND THAT BY SIGNING IT (AND/OR BY CLICKING ON THE TRADING FOR TRAILS WEB PAGE TO AGREE TO IT) 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.
Dated:_______
Signed:_______________________________________
Print Name:___________________________________
Trading for Trails 