Salida Parks and Recreation Release of Liability and Salida Mountain Trails Accident Waiver and Release of Liability:
As the participant and/or parent/legal guardian of the minor child listed above, and in consideration for allowing myself or my minor child to participate in
the city's recreation program(s) and activities noted above, and any city recreation program within the next year, hereby acknowledge and agree as follows on behalf of myself and my child:
1. I have requested that I or my minor child be allowed to participate in the city's recreation program(s) and activities recognizing that such participation involves, or may involve, risks, both known and unknown, of physical injury or illness.
2. I represent that I and/or my child is physically capable of participating in the recreation program(s).
3. By signing this release, I, on behalf of myself and my minor child, expressly assume all risks, known and unknown, of injury, illness and property damage to myself, my minor child, or to any third party arising from or related to my or my child's participation in the city's recreation program(s), whether caused by the act, error, omission, or negligence of the city, its employees, officers, or agents, or by another person or cause.
4. By signing this release, I, on behalf of myself and my minor child, expressly exempt, waive, release and discharge in advance the city, its employees, officers, and agent, from any and all claims, liabilities, actions, or damages for injury, illness, or loss that may arise from my or my child's participation in the city's recreation program(s) and activities, whether caused or created by the acts, errors, omissions, or negligence of the city, its employees, officers or agents, or some other person or cause; and I further agree to hold harmless and indemnify the city, its employees, officers and agents, from any and all injuries, damage, loss, claims or demands which arise from or are related to my or my child's participation in the city's recreation program(s) and activities.
5. I understand that this agreement incorporates the entire understanding and agreement between myself, my minor child, and the City of Salida, its officers, employees, agents, and representatives and that it cannot be modified or changed in any way by the statements, promises or representations of any employee or agent of the city; and that this agreement is intended to be as broad and inclusive as permitted by the laws of Colorado, and that if any portion is held invalid or unenforceable, the remaining portions shall continue in full legal force and effect.
6. By executing this agreement I also do hereby authorize the city, its employees, officers and agents, to provide and/or consent to emergency medical or surgical examination and treatment for myself or my minor child in the event of injury or illness occurring to me or my child while participating in any city recreational program or activity.
7. I consent to being photographed participating in Salida Recreation events, and to these photographs being used in marketing publication, online media.
8. I understand that at times I or my minor child will ride buses to/from events and this will release the City of Salida from all liability for any adverse results that may occur. I agree to release the City of Salida and its employees and officers from all liability with reference to the bus transportation.
9. By clicking "I agree" below, I indicate that I have read this document in its entirety, that I understand it completely, and that it affects my legal rights and the legal rights of my child, and that I, along with all heirs, assigns and personal representatives for myself and my child, agree to be bound by its terms. I also acknowledge that I am providing this waiver and release in advance for the benefit of the city knowing that all possible risks or causes of injury can neither be foreseen nor eliminated.
Salida Mountain Trails Accident Waiver and Release of Liability:
In consideration for allowing me to participate in an event, ride, or other activity with which
Salida Mountain Trails (“SMT”) is affiliated, and all activities related to or connected with an
event, including travel to and from an event (collectively an “Event”), whether as a rider, official,
coach, mechanic, volunteer, spectator, or otherwise, I, for myself, my spouse, children,
guardians, heirs and next of kin, and any legal and personal representatives, executors,
administrators, successors and assigns, hereby agree as follows:
Assumption of Risk. I am aware that cycling and/or participation in an Event, involves inherent
risks, including but not limited to collision with pedestrians, vehicles, other participants,
animals, and fixed or moving objects; imperfect course conditions; surface hazards, including
potholes and uneven terrain; equipment failure; inadequate safety equipment; use of
equipment or materials provided to me by others; those associated with man-made and
natural terrain features, including jumps, hills, and other obstacles; sickness or disease
(including communicable disease such as COVID-19 and its variants); and adverse weather
conditions, including exposure to rain, snow, wind, sun, or heat. I fully understand that
participating in an Event is an extreme test of a person’s physical and mental limits and may
involve the risk of serious injury or death, economic loss, property damage or loss that may
result from my actions, inactions, or negligence, and also from the actions, inactions or
negligence of others.
Release of Liability. I hereby forever release, waive, and discharge SMT and its affiliates, and
each of their respective officers, directors, agents, employees, volunteers, independent
contractors, members, clubs, officials, event directors, local associations, sponsors and affiliates
as well as the, sponsors, organizers, property owners, law enforcement agencies, local
governments, and other public entities, connected with an Event, and each of their respective
officers, agents, employees, and volunteers (collectively, “Releasees”) from any claims that may
arise out of or are related to my participation in an Event, including claims arising from the
ordinary negligence of Releasees.
Covenant Not to Sue and Indemnity Agreement. I will not make any claim against Releasees
for injury, damage, death, or any other loss arising from or related to my participation in the
Event. I understand that if I attempt to sue Releasees in violation of this agreement, Releasees
may seek to recover all of their costs, including reasonable legal fees. I agree to indemnify, hold
harmless, and defend Releasees from and against any actions, causes of action, claims, charges,
demands, losses, damages, costs, attorney’s fees, judgments, liens, indebtedness, and liabilities
of every kind, whether known or unknown, including foreseen or unforeseen bodily injury and
personal injuries and property damage that may be sustained by me or any other person in any
way connected to, related to, or arising out of my participation in the Event.
Health. I represent and warrant that I am in good health and proper physical condition to
participate in an Event safely. I acknowledge that it is my sole responsibility to make such
determination and that I am responsible for my well-being at all times while participating in an
Event. If I suffer any injury related to or arising from an Event, I consent to the release of my
name and medical information by any third party to Releasees and their insurance carriers.
Rules; Regulations; Equipment. I agree to be familiar with and abide by the rules and
regulations established for an Event. I also agree that I am subject to, and shall abide by, the
rules and laws applicable to the Event. I agree to be familiar with the Event course or route, and
to be solely responsible for navigation. I agree to ride and participate to neither endanger
myself nor others.
I accept responsibility for the condition and adequacy of my equipment and any equipment
provided by others for my use. I will wear a helmet that complies with ANSI or SNELL rules and
regulations, and I assume all responsibility for the selection of such a helmet.
I agree to the posted closing times of the aid stations along the route and understand after the
closing times the event ride support will cease. I hereby consent to receive medical treatment
which may be deemed advisable in the event of injury, accident and/or illness during this event.
In the event of accident and/or injury I further consent to the release of any and all transport,
treatment and/or medical information to SMT relating thereto.
Use of Information. I understand that SMT may collect or receive my contact information and
use it to administer this Waiver and Release and for marketing purposes. I further acknowledge,
agree and consent that SMT may share this information with third parties who need access to
this information to perform services on SMT’s behalf, (b) and may also share this information to
marketing partners, and (c) SMT and its select marketing partners may use this information to
contact me with information and offers believed to be of interest to me.
Media Grant. I irrevocably grant and license to SMT and its affiliates, the right to capture and
use my image, likeness, name, voice, comments or other proprietary or public rights in any
broadcast, telecast, photograph, video, or audio sound recording taken in connection with an
Event, without compensation, for all purposes, including any commercial use so long as such
use does not imply my endorsement of any company, product, or service.
Governing Law; Jurisdiction; Severability. All provisions of this Waiver and Release shall be
governed by and construed under the laws of Colorado, without regard to its choice of law
rules. Any legal suit, action, or proceeding arising out of or relating to this agreement shall be
instituted in the courts of Chaffee County, Colorado. Each party irrevocably submits to the
exclusive jurisdiction of such courts in any such suit, action or proceeding. If any provision of
this agreement is held invalid, illegal, or unenforceable in any jurisdiction, such invalidity,
illegality, or unenforceability shall not affect any other provision of this agreement or invalidate
or render unenforceable any other provision in any other jurisdiction.
Event Cancellations. There will be no refunds for event cancellation including acts of God,
weather, smoke, fire, traffic, construction, governmental action, war, terrorism, or other issues
which in any way limit the safe operation of an Event.
Miscellaneous. This Waiver and Release shall be construed broadly to provide a release and
waiver to the maximum extent permissible.
I have carefully read the preceding and understand its terms. I attest that I am 18 years
of age or older). I know that I am giving up substantial rights, including my right to sue
Releasees for injuries resulting from the inherent risks of cycling and the ordinary
negligence of Releasees. I acknowledge that I am signing this agreement freely and
voluntarily. I intend my signature to be a complete and unconditional release of all
liability to the greatest extent permitted by law.
I certify that I have read, understood, and agreed to the terms of this Waiver and Release by
initialing and/or signing my name below.