In consideration to being permitted to voluntarily participate in activities during and/or ancillary to the Event, the undersigned for himself/herself as a participant, and/or on behalf of his/her child or ward as participant, as applicable (the “Undersigned”), hereby forever releases and discharges, and covenants not to sue, the Venue, Kroenke Sports & Entertainment, LLC and each of their parent, subsidiary and affiliated entities, including specifically but without limitation, Altitude Sports & Entertainment, the Colorado Avalanche (and the NHL), the Colorado Mammoth (and the NLL), the Colorado Rapids (and MLS), the Denver Nuggets (and NBA) and Altitude Tickets, and each of their respective employees, governors, alternate governors, agents, partners, shareholders, directors, owners, members, representatives, officers, attorneys, vendors, sponsors, affiliates, players, licensees and assigns (collectively, the “Released Parties”) from all present and future liabilities, debts, obligations, costs, expenses, damages, losses, charges, judgments, executions, liens, claims, demands, actions or causes of action of whatever nature or description, in equity or a law (herein, the “Released Claims”), which the Undersigned may now have, or may or could or shall hereafter have against the Released Parties, whether known or unknown, suspected or unsuspected asserted or not asserted, arising out of activities related to and participation in the Event, even if the risk and liabilities that the Undersigned is releasing by this Release arise out of the negligence or carelessness of the Released Parties, whether active or passive, or from any hidden, latent or obvious defects in any of the facilities or equipment used, of one or more of the Released Parties.
The Undersigned further irrevocably grants each of the Released Parties the perpetual, worldwide, royalty-free, freely-assignable and transferrable right and license, but not the obligation, to use participant’s name, voice, image, likeness and any other identifying characteristic (collectively, “Image”) in any and all media and technology now known or hereinafter developed, in any capacity, relating to participant’s participation at the Event, without compensation to, or right of review and/or approval participant or the undersigned, or a personal representative, assign, heir, child, dependent, spouse, guardian or other relative of either. Such use may include but is not limited to incorporating the Image into marketing and promotional materials. The Undersigned understands that any materials created that incorporate the Image are the sole property of the applicable Released Party for any use. The Undersigned wills not hold any of the Released Parties responsible for the use of the Image by any party, in any form.
The Undersigned further agrees to indemnify and hold harmless each of the Released Parties from any and all claims, charges, liabilities, obligations and demands (including reasonable attorneys’ fees) brought against any of the Released Parties in connection with the participant’s participation at the Event and any use of the Image, whether now existing or arising in the future, and accepts all legal responsibility for participant’s actions and participation at the Event. The Undersigned understands, acknowledges and accepts that this Release is intended to be binding on the Undersigned, the Undersigned’s family, estate, heirs, executors, administrators and assigns.
The Undersigned further understands, acknowledges and accepts that participation in the Event involves certain inherent risks, including but not limited to serious bodily injury (including death) and agrees that participant’s participation is completely voluntarily, with full knowledge of the risks involved, and accepts such risk. The Undersigned certifies that he/she is in sufficient mental and physical condition to participate in the Event.
The Undersigned understands, acknowledges and accepts the possibility that the Undersigned or his/her successors may not now fully know the number or magnitude of all the Released Claims, but nevertheless intends to assume the risk by releasing such unknown claims, and agrees that this Release is a full and final release and waiver of all the Released Claims. This Release is the complete agreement between the Undersigned and the Released Parties and supersedes all prior agreements or understandings, written or oral. This Release may not be amended or modified other than by a written agreement executed by the parties hereto or their respective successors and legal representatives.
The Undersigned acknowledges that he/she has carefully read this Release, fully understands its contents and the fact that he/she is giving up certain legal rights and agrees to its terms, is over the age of 18 and is signing this Release voluntarily and under no duress, coercion or undue influence, or threat of the same. This Release shall be governed by and construed in accordance with the laws of the State of Colorado, without reference to the principles of conflict of laws. The Undersigned intends for and agrees that this Release should be construed broadly to provide a release, indemnification and waiver to the maximum extent allowed by law. Each of the paragraphs contained in this Release shall be enforceable independently of every other paragraph in this Release, and the invalidity or non-enforceability of any paragraph shall not invalidate any other paragraph contained in this Release.