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COLORADO
RIVER GUIDES, INC.
[PART I]
IMPORTANT - READ CAREFULLY. This document affects your
legal rights. It must be signed by you, the “Participant”,
whether you are an adult or minor, if you are renting or otherwise
using equipment or participating in activities offered by
Colorado River Guides, Inc., (referred to in this document
as “Provider”). It must be signed also by a parent or guardian
if you are a minor Participant (under 18 years of age.) The
parent or guardian agrees to these terms individually and
on behalf of the minor. Only a parent or legally appointed
guardian may sign for a minor Participant. References in this
agreement to “I” or “we” include all who sign below unless
otherwise clearly indicated.
PARTICIPANT
AGREEMENT
(Including Acknowledgment and Assumption of Risks, Agreements
of Release & Indemnity & Additional Provisions)
In consideration
of the opportunity to rent or otherwise use certain equipment
and/or participate in activities offered by Provider, Participant
(adult or minor), and the parent or guardian of a minor Participant,
understand, acknowledge and agree as follows:
[PART II]
Activities, Hazards and Risks
The services of Provider may include renting equipment and
providing trips (including guided trips) by raft, tube, canoe
or kayak (referred to, collectively, as watercraft). Activities,
scheduled and unscheduled, associated with these services
may include, in addition to travel by water, swimming, wading,
hiking, climbing on rocks and slopes, camping, portaging (carrying
the watercraft between water travel sites) and travel to and
from the activities.
The hazards and
risks (together referred to as “risks”) of the use of the
watercraft include the following: entering, exiting and operating
the watercraft; water which may be fast, deep, cold, and subject
to rapid change; objects which may be encountered in and out
of the water, and which may not be obvious, including debris,
trees, rocks, boulders, dams, bridges, and other hazards;
the watercraft may overturn, swamp and sink and occupants
may become separated from the craft; feet and other parts
of the body may become entrapped in or under rocks and other
objects; participants may strike or be struck by objects,
other watercraft, and other persons, in and outside of the
watercraft. Risks of other activities include those associated
with camping, hiking and moving on and over terrain, including
the shoreline, the premises of Provider and others, and elsewhere,
which may be unstable, steep and slippery and where rock,
trees, and other objects may fall, and man-made and natural
structures may fail; animals, including poisonous reptiles,
and poisonous plants may cause harm; swimming in unfamiliar
surroundings may cause entrapment, injury from slips and falls
and drowning. Other risks include errors in judgment of Provider’s
staff and other participants, including the improper assessment
of capabilities and conditions pertaining to the activities;
certain activities may be instructional, and designed to extend
the skills of participants; equipment may be misused or may
fail because of manufacturing defects or otherwise; collisions
may occur while traveling by vehicle to and from the activities;
the activities are subject to the unpredictable forces of
nature, including exposure to the sun, cold, wind, hail, lightning,
flash floods and other such phenomena; activities may take
place in remote places, significantly delaying emergency medical
care and evacuation.
Participant, and
the parent or guardian of a minor Participant, acknowledge
and understand that the description of activities and risks
above is not complete and that all activities, whether or
not described, may be dangerous and may include risks which
are inherent and cannot be reasonably avoided without changing
the nature of the activity. Participation in the activities
can cause bites, stings, allergic reactions, overexertion,
heat stroke, hypothermia, and/or illness due to contaminated
water, burns, cuts, bruises, strains, broken bones, and other
injuries and illnesses. Property loss, and serious injury
and death, including by falling and drowning, are possible.
Provider has made
no effort to determine, and accepts no responsibility for,
medical, physical or other qualifications or the suitability
of Participant, or other participants, for the activities.
Client, and the parent or guardian of a minor Participant,
accepts full responsibility for determining Participant’s
medical, physical or other qualifications or suitability for
participating in the activities. Provider is not responsible
for the water conditions, routes, camp sites, or other activities
of renters of its equipment. Certain activities may be conducted
by independent contractors hired by Provider. These contractors
are not trained or supervised by Provider and Provider has
no control over them and accepts no responsibility for their
conduct. Alcohol will, and other substances may, impair judgment
and reduce a participant’s ability to effectively manage the
risks of water travel, camping and land activities; participants
should inspect unfamiliar rapids and other hazards before
attempting to pass through or over them; participants should
always wear a fastened life jacket (personal floatation device);
participants should wear footwear which will provide protection
from sharp objects, and which will minimize the risk of foot
entrapment. Failure to adhere to these and other safety precautions
may result in serious injury or death.
[PART III]
Acknowledgment and Assumption of Risks
I, the Participant (adult or minor) and the parent or guardian
of a minor Participant, understand the nature of the services
of Provider and other activities which may occur, and their
risks. I acknowledge and expressly assume all risks of the
activities, whether or not described above, known or unknown,
and inherent or otherwise. I take full responsibility for
any injury or loss, including death, which I, or a minor child
for whom I sign, may suffer, arising in whole or part out
of such activities.
[PART IV]
Agreements of Release and Indemnification, and Additional
Provisions
If I am an adult participant, or the parent or guardian of
a minor Participant, I agree, for myself and on behalf of
the minor participant for whom I am signing as follows:
I release Provider,
its employees, contractors, volunteers, directors and owners
(“Released Parties:” from any and all claims of injury or
loss which I, or the minor child for whom I sign, may suffer,
arising out of or in any way related to my, or the child’s,
enrollment in or participation in the activities of Provider
or the use of its equipment. Neither I, the minor child, nor
anyone acting on our behalf, will bring suit or otherwise
assert any such claims against a Released Party.
I will indemnify
(that is, defend and satisfy by payment or reimbursement,
including costs and attorneys’ fees) each Released Party from
any claim of liability, including one brought by or for a
minor child for whom I sign, a co-participant in any of the
activities of Provider, a rescuer, a member of my, or the
minor child’s, family, or anyone else, asserting a loss arising
out of or in any way related to my, or the child’s, enrollment
in or participation in the activities of Provider or the use
of its equipment.
The agreements
of release and indemnification above include claims arising
in whole or in part from negligent (but not grossly negligent,
reckless or intentionally wrong) acts or omissions of Released
Parties or any of them, and all other claims, including for
personal injury, wrongful death, property damage, products
liability (including strict liability), breach of contract
or warranty, or otherwise. The agreements are intended to
be enforced to the fullest extent allowed by law, and to be
binding on me as Participant and on me as parent or guardian
of a minor Participant, individually and on behalf of the
minor for whom I sign.
[PART V]
Additional Provisions
I authorize Provider to provide or obtain for me, or the minor
child for whom I sign, such medical care as it considers necessary
and appropriate, and I agree to pay all costs associated with
such care and related transportation. Any dispute between
Provider and me or the minor child for whom I sign will be
governed by the substantive laws of the State of Colorado
(not including laws which might apply the laws of another
jurisdiction), and any mediation or suit shall take place
only in Colorado, in the County of Routt. If the dispute cannot
be resolved by mutual agreement, I agree to submit it to a
mediator recognized by the Courts of Colorado and Routt County.
I agree to pay all costs and attorneys’ fees incurred by Provider
in defending a claim or suit brought by me or by or on behalf
of the minor for whom I sign, if the claim or suit is withdrawn
or to the extent a court or mediator determines that Provider
is not responsible for the claimed injury or loss.
[PART VI]
This agreement is entered into voluntarily, and after careful
consideration. Its terms cannot be amended except in writing.
I understand that it is binding, to the fullest extent allowed
by law, upon all persons signing below, our respective heirs,
executors, administrators, wards, minor children (whether
or not they are Clients) and other family members. If any
part of this agreement is found by a Court or other appropriate
authority to be invalid, the remainder nevertheless shall
be in full force and effect.
__________________________________
Participant (adult or minor)
__________________________________
Participant (adult or minor)
__________________________________
Participant (adult or minor)
__________________________________
Participant (adult or minor)
__________________________________
Participant (adult or minor)
Date: ______________________________
___________________________________
Parent or Guardian Participant (adult or minor)
Date: _______________________________
____________________________________
Address, City, State & Zip Code
____________________________________
(Area Code) Phone
Number
Guide: _______________________
T/L: _________________________
Trip: _________________________
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