WARNING: READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY, WAIVEROF CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION,AND INDEMNITY AGREEMENT.
Durango Mesa Bike Park
RELEASE OF LIABILITY, ASSUMPTION OF RISK AND WAIVER OF LEGAL RIGHTS
BE ADVISED: You must sign this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement (this “Agreement”) to participate in the Activity (defined below).
1. Each person participating in the Activity is referred to as a “Participant.” I, the undersigned, am a Participant, and if I am signing this Agreement for a Participant that is under eighteen (18) years old, I hereby represent that I am such minor/child/infant Participant’s parent and/or legal guardian. I acknowledge and agree that participating in mountain biking, using trails and accessing trails, and participating in any related recreational activities on property owned or operated by the Durango Mesa Park Foundation, including, without limitation, the premises of the Durango Mesa Park, the mountain bike and walking trails and the dual slalom course, in general, for any purpose whatsoever(collectively, the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURYAND/OR DEATH.
2. By signing this Agreement, Participant hereby acknowledges the risks and dangers of the Activity and agrees that by participating in the Activity, Participant ASSUMES ALL RISKS AND DANGERS of the Activity, whether expressly set forth in this Agreement or not. Participant expressly acknowledges and assume all risks and dangers that may result in property damage or loss, physical injury and/or death, and all inherent risks and dangers of the Activity, including, but not limited to risks associated with: falling; use of trails in a natural environment; collisions with natural or man-made objects, including other people and vehicles; variations in terrain, whether natural or as a result of trail design; marked and unmarked obstacles; unmaintained or unmarked trails/roads or trail obstructions; wildlife; insects; the negligence or failure of Participant, Durango Mesa Park staff or other guests to act safely (including, but not limited to selection of terrain that exceeds Participant's ability); equipment malfunction, failure or damage; improper use or maintenance of equipment; varying visibility, adverse weather and related hazards; becoming lost or separated; lack of shelter; limited access to and/or delay of medical attention; Participant's health condition; physical exertion; exhaustion; dehydration; hypothermia; other sickness; and/or mental distress from exposure to any of the above. PARTICIPANT AGREES THAT THE DESCRIPTION OF RISKS AND DANGERS SET FORTH HEREIN ISNOT COMPLETE AND VOLUNTARILY CHOOSES TO PARTICIPATE IN THE ACTIVITY, ANDEXPRESSLY ASSUMES ALL RISKS AND DANGERS ASSOCIATED WITH THE ACTIVITY, INCLUDINGPERSONAL INJURY, DEATH, PROPERTY DAMAGE AND/OR LOSS RESULTING THEREFROM,WHETHER OR NOT DESCRIBED IN THIS AGREEMENT, KNOWN OR UNKNOWN, STATUTORILYINHERENT OR OTHERWISE.
3. By participating in the Activity, Participant assumes responsibility for maintaining control at all possible times while engaging in the Activity and for reading, understanding and complying with all signage, rules, and regulations. Participant agrees not to enter private property adjacent to the designated use areas of Durango Mesa Park. Participant represents that he/she/they has the physical dexterity and knowledge to safely ride on all trails, including the dual slalom course. Participant acknowledges and agrees that the minor/child Participant may be signing on behalf of may use the Durango Mesa Park without an adult present and/or with non-Durango Mesa Park staff or guests.
4. Participant understands that use of helmets, elbow pads, chest protectors, knee pads, eyewear, gloves and other protective equipment is strongly recommended for mountain biking, and further understands and acknowledges that protective equipment may reduce or mitigate the severity of some injuries but does not guarantee safety and will not prevent injuries.
5. Participant represents that Participant is in good health and has no medical condition that would inhibit participation in the Activity in a safe manner and without creating risk to Participant or others.
6. Participant hereby forever releases, waives, and discharges the Durango Mesa Park Foundation and its officers, directors, staff, employees, volunteers, sponsors and affiliates, independent contractors, and agents (the “Released Party”), from any claims that may arise out of or are related to Participant’s participation in the Activity, including claims arising from the ordinary negligence of the Released Party. Participant further agrees that Participant2shall not make any claim against Released Party for injury, damage, death, or other loss arising from or related to the Activity. Participant understands that Released Party may seek to recover all of fees and costs, including legal fees, if Participant brings any claims or legal action. Participant agrees to indemnify, hold harmless, and defend Released Party from and against all 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 property damage that may be sustained by Participant or any other person in any way connected to, related to, or arising out of my participation in the Activity. Participant further acknowledges and agrees that Participant’s use of Durango Mesa Park shall be limited to a “recreational purpose” under C.R.S. 33-41-102(5)that is without charge and subject to the Colorado Recreational Use Statute.
7. This agreement 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 related to this agreement shall be instituted in a Colorado court of competent jurisdiction in La Plata County. All Parties irrevocably submit to the exclusive jurisdiction of such court. If any provision of this agreement is 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.
8. Participant acknowledges and agrees that Durango Mesa Park Foundation shall not be liable for any lost, damaged or stolen item.
9. Participant irrevocably grants and licenses to Durango Mesa Park Foundation and its affiliates, the right to capture and use Participant’s 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 the Activity, without compensation, for all purposes, including any commercial use.
10. This Agreement replaces and supersedes all prior waivers, oral or written agreements, commitments and understandings between the parties with respect to the Activity.
I HAVE BEEN WARNED AND I UNDERSTAND THAT I AM ENTERING DURANGO MESA PARK FOR RECREATIONAL PURPOSES. IF I LEAVE THE DESIGNATED TRAIL, ROUTE, AREA, OR ROADWAY, I WILL BE DEEMED TRESPASSING. THERE ARE INHERENT DANGERS AND RISKS ASSOCIATED
WITH USING DURANGO MESA PARK THAT MAY CAUSE SERIOUS INJURY OR DEATH, INCLUDING CHANGING WEATHER CONDITIONS, VARIATIONS IN STEEPNESS, SURFACE CONDITIONS, OBSTACLES, AND CONSISTENCY OF TERRAIN, SUCH AS FOREST GROWTH, ROCKS, STUMPS, WATERWAYS, STREAMBEDS, CLIFFS, EXTREME TERRAIN, AND TREES; WILDLIFE; AND MINING OR AGRICULTURAL ACTIVITIES, STRUCTURES, REMNANTS, EQUIPMENT, OR OPERATIONS.
I HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS, AND AM SIGNING IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. BY SIGNING THIS AGREEMENT, I REPRESENT AND WARRANT THAT I HAVE THE AUTHORITY AND EXPRESS CONSENT TO
EXECUTE THIS AGREEMENT ON MY OWN BEHALF AND ON BEHALF OF ANY OTHER PARTICIPANT, AS APPLICABLE.