VALLEY RANCH ASSOCIATION, INC.
RELEASE, WAIVER, COVENANT NOT TO SUE,
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
I, __________________________ (parent or legal guardian of Participant, if Participant is less than eighteen (18) years old), in consideration of _______________________________ (Participant) being allowed to participate in any way in the Association’s Gingerbread Fun Run and 5K, including, but not limited to pre-event, the event itself and post-event activities (collectively “Events”), for myself, my family members, heirs, administrators, personal representatives, successors and assigns, sign this Release, Waiver, Covenant Not to Sue, Indemnification and Hold Harmless Agreement (hereafter “Agreement”) and state and agree as follows:
1. Acknowledgment and Assumption of Risk. I hereby agree and acknowledge that the Events I/my minor child will be participating in are or may be strenuous and potentially hazardous activities, possibly resulting in serious bodily injury or death. I acknowledge that my/my minor child’s engaging in these activities subjects me/my minor child to certain risks, both known and unknown. Those risks include but are not limited to the inherent risks of recreational activities as well as to other risks and dangers, risks caused by terrain, facilities, temperature, weather, condition of myself or other athletes, lack of hydration, equipment, condition of trails and paths, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, Events officials, and Events monitors, and/or producers of the Event, acts of God, the forces of nature, the negligent and reckless acts or omissions of others or of the Association, its officers, agents, directors and shareholders, members, managers, partners, employees, subcontractors or independent contractors and other known or unknown risks (herein “Risks”). These Risks are not only inherent to athletes and participants, but also to volunteers. I further acknowledge that the above lists are not inclusive of all possible Risks associated with my/my minor child’s participation and that in no way limits the extent or reach of this Agreement. I further acknowledge and agree that my/my minor child’s participation in the Events may be unsupervised at any or all times. I hereby assume all of the risks of participating and/or volunteering in the Events. I acknowledge that liability might otherwise arise from negligence or carelessness on the part of the persons or entities being released, from dangerous conduct or dangerous or defective equipment or property owned, maintained or controlled by them or because of their possible liability without fault. I certify that I am physically fit, have sufficiently trained for participation in the Events and have not been advised otherwise by a qualified medical person. I acknowledge that the Association is agreeing to my participation in the Events in consideration of my execution of this Agreement, and but for my execution of this Agreement, I would not be permitted to participate in the Events.
2. Release and Waiver and Agreement Not to Sue. I waive, release, discharge and agree not to sue, or make any claim against Valley Ranch Association, Inc., CCMC, and each of their respective officers, agents, directors, members, managers, partners, employees, subcontractors, or independent contractors (“Protected Parties”), for any and all foreseen and unforeseen injuries, deaths, losses, actions, claims, judgments, or damages of any kind and nature, including attorneys’ fees and court costs, which I, my minor child participant, my heirs, personal representatives, executors, administrators, successors and assigns may now have, or have in the future, against the Protected Parties arising out of or in any way related to my/my minor child’s participation in Events, whether that use or participation is supervised or unsupervised, including those that may arise from my/my minor child’s being a spectator, however the death, accident, injury or damage is caused. I further agree not to sue any of the Protected Parties for any such activity or conduct, including the negligence of the Protected Parties.
THIS RELEASE SHALL BE EFFECTIVE EVEN IF THE LOSS, INJURY OR DEATH RESULTS FROM THE NEGLIGENCE OF THE ASSOCIATION OR ANOTHER PROTECTED PARTY. Negligence, as used herein, shall include, but not be limited to, failure to make reasonable and prudent efforts to determine (1) my/my minor child’s ability to engage safely in the Events or (2) or the Protected Parties’ failure to discover, or knowledge of a dangerous latent condition concerning the land, facilities, or equipment used in the Events for which warning signs have not been conspicuously posted.
3. Indemnification and Hold Harmless. I agree to hold harmless, defend, indemnify and reimburse the Protected Parties from all claims, damages, third party claims and losses, including their own losses, expenses, damages, attorneys’ fees and court costs, that arise from or are related to my/my minor child’s participation in the Events.
4. Compliance with Rules and Regulations. I shall comply with all Association Rules and Regulations and all laws and ordinances now in effect or adopted in the future. I shall be solely responsible for ensuring that my minor child
knows and abides by the Rules and Regulations and the terms of this Agreement. I understand that if the Association or an independent contractor or leader is in charge of an event, he/she/it can terminate the Events at any time if he/she/it thinks it is best, and I/my minor child will abide by any requirements imposed upon me/him/her.
5. Protected Parties Not Obligated to Provide Medical Care. I hereby acknowledge that the Protected Parties have no obligation to provide medical care and have not undertaken the responsibility to do so; however, I consent to emergency medical treatment for myself/my minor child which may be deemed advisable in the event of injury, accident or illness resulting from my/my minor child’s participation in the Events.
6. Photography and Use of Likeness. I acknowledge that at the Events, I/my minor child may be photographed. I agree to allow my photo, video or film likeness to be used for any legitimate purpose in videotape, film, newsprint, written advertisement or otherwise and I release the Protected Parties from any claims I might have due to such use.
7. No Promise or Inducement. This Agreement is executed without reliance upon any promise, statement or representation by the Protected Parties, or any of them, or their representatives or attorneys, concerning any of the facilities, participation in the Events, any damages or legal liability therefore, or any other matter. I acknowledge and agree that this Agreement shall be construed broadly to provide waivers, releases and indemnification to the maximum extent permissible under Colorado law.
I/my minor child voluntarily participate(s) in the Events knowing the dangers involved, and I assume all known and unknown risks, and the above-defined Risks.
The terms of this Agreement shall serve as a complete release, waiver, indemnification and agreement to hold the Protected Parties harmless and my EXPRESS assumption of the Risks. I shall be solely responsible for my/my minor child’s safety and well-being, and for all expenses that arise directly or indirectly from participation in the Events.
All statements above shall bind me, my heirs, personal representatives, executors, administrators, successors and assigns, and are not merely recitals. I acknowledge that the Protected Parties have relied upon these terms, and that without this Agreement, any applicable fees for my/my minor child’s participation in the Events would be higher, or the Association would be unable to offer these activities. I have read and fully understand the legal consequences of this Agreement, and acknowledge that I have been advised to have my attorney review this Agreement prior to my signing it. The information provided by me below is made a part of this Agreement.
READ THIS RELEASE, WAIVER, COVENANT NOT TO SUE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT CAREFULLY, ASK ANY QUESTIONS BEFORE SIGNING, AND RETAIN A COPY. YOUR SIGNATURE ACKNOWLEDGES THAT YOU FULLY UNDERSTAND THE TERMS OF THE AGREEMENT, BELIEVE IT IS FAIR AND REASONABLE, AND AGREE TO ITS TERMS.
I acknowledge review and approval of this Agreement on _______________________, 20___.
PARTICIPANT NAME: ___________________________ DATE OF BIRTH: _________ AGE: _____
PARTICIPANT SIGNATURE (if over eighteen (18) years of age): _________________________________
IF PARTICIPANT IS UNDER EIGHTEEN (18) YEARS OF AGE, A PARENT OR LEGAL GUARDIAN MUST READ AND SIGN BELOW:
I am the parent or legal guardian of the above-named minor participant and have read the above Agreement. I give my unqualified permission and consent to the named minor’s participation in the Event, and I hereby agree to be bound by the terms and conditions of this Agreement.
Parent or Legal Guardian (please print) Signature of Parent or Legal Guardian