HAWKS NEST CABIN WAIVER
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY. BY SIGNING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
1. The individual identified in the signature block, below, as the “Participant” desires to participate in one or more of the Activities (as defined below) at the Hawks Nest Cabin, 45 West Thomas Place, Avon, Colorado 81620 (the “Premises”). In consideration of being permitted to enter
the Premises and take part in the Activities, and in recognition of the Releasees’ (as defined below) reliance hereon, I agree to all terms and conditions set forth in this agreement (this “Release”).
2. If Participant is a Minor (defined below), I expressly confirm that I am Participant’s parent or legal guardian, or otherwise have legal authority to enter into this Release on behalf of each Minor, and hereby accept all of the terms and conditions contained in this Release on behalf of each Minor.
ACTIVIES; ACKNOWLEDGEMENT AND ASSUMPTION OF RISK.
3. I am aware and understand that using the Hawks Nest Cabin and any and all activities, events and services provided, arranged, organized, conducted or made available to members of public at or from the Hawks Nest Cabin from time to time, including, without limitation, dancing, using the ski simulator, playing games or arcade games, engaging in competitions, lounging, general horse play and roughhousing, and general use of the Hawks Nest Cabin, as well as use of the parking lots, walkways, lodges, restaurants, and any other facilities housed within or on the Premises or used for ingress or egress of the Premises, or use of any other equipment housed at the Premises for any purpose (collectively, the “Activities”, each individually an “Activity”) is a potentially dangerous activity and involves the risk of personal or psychological injury, pain, suffering ,temporary or permanent disability, death, property damage, and/or financial loss. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Releasees’ employees, third parties, Participant or others, including negligent emergency response or rescue operations conducted by or at the request of the Releasees. I understand that while the Releasees have implemented measures to reduce the risk of injury from the Activities ,the Releasees cannot guarantee that Participant will not be injured while on the Premises or during my participation in the Activities.
4. NOTWITHSTANDING THE RISKS, I ACKNOWLEDGE THAT PARTICIPANT IS VOLUNTARILYACCESSING THE PREMISES AND PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OFTHE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF ILLNESS,PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENTDISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS ARISING THEREFROM,WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE RELEASEES OR OTHERWISE. I expressly acknowledge and assume all additional risks and dangers which may be above and beyond the inherent dangers and risks of the Activities, including but not limited to: Falling or loss of balance; icy, slick or uneven surfaces; collisions with natural or man-made objects, other people, marked and unmarked obstacles; the negligence or failure of Participant, Releasees’ employees, or other guests to act safely including failure to stay within designated areas and comply with signage and the rules of the Premises; equipment malfunction, failure or damage; improper use or maintenance of equipment; becoming lost or separated; limited access to and/or delay of medical attention; Participant’s health condition, physical exertion, exhaustion, dehydration; slips and falls; falls from heights; scrapes; cuts; bruises; muscle strain; twisted or sprained ankles, knees, shoulders, or wrists; burns; dirt or other materials in eye; impacts with other people; impacts with wall, ground or other structures and equipment; entanglement; seizures; loss of awareness; eye strain; dizziness; disorientation; nausea; impaired balance; light-headedness; fatigue; motion sickness; concussions; broken bones; physical or emotional injuries; emotional distress; paralysis; other bodily injuries; negligence of other persons; and/or mental distress from exposure to any of the above. I UNDERSTAND THAT THE LIST OF THE RISKS IN THISRELEASE IS NOT EXHAUSTIVE.
5. Participant assumes responsibility for maintaining control of their own bodies at all possible times while engaging in the Activities and for reading, understanding, and complying with all signage and rules, whether provided in writing or verbally. Participant must have the physical dexterity and knowledge to safely engage in any Activities and does so at their own risk and of their own volition.
6. If Participant rents or uses any property owned, leased, or under the control of the Releasees (“Releasees’ Property”), Participant agrees to accept the Releasees’ Property “AS IS”, accept responsibility for the care of the Releasees’ Property during the period of use or rental period, and agree to be responsible for the replacement at full value of any Releasees’ Property not returned or returned in a damaged condition.
7. I have not made any misrepresentations with regard to Participant’s height, weight, age and/or physical or mental ability level. I agree to assume and accept any and all known and unknown risks of injury to Participant while using Releasees’ Property.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, INDEMNITY.
8. I hereby expressly waive and release any and all claims and demands, now known or hereafter known, against the Beaver Creek Resort Company and its employees, agents, affiliates, shareholders, successors, and assigns, Vail Resorts, Inc. and its employees, agents, affiliates, shareholders, successors, and assigns, The Vail Corporation and its employees, agents, affiliates, shareholders, successors, and assigns, Trimont Land Company, Heavenly Valley, Limited Partnership, VR US Holdings, Inc., VR US Holdings II, LLC, VR CPC Holdings, Inc., VR NW Holdings, Inc., VR NE Holdings, LLC, Whistler Blackcomb Holdings Inc., Blackcomb Skiing Enterprises Limited Partnership, Whistler Mountain Resort Limited Partnership, each of their affiliated companies and subsidiaries, the resort owner/operator, land owner, activity operator, the equipment manufacturer, The Burton Corporation, Beaver Creek Resort Company, Dundee Resort Development, LLC d/b/a Arapahoe Basin Ski Area, the United States, Her Majesty The Queen In Right Of The Province Of British Columbia and all their respective insurance companies, and commercial & corporate sponsors (each a “Releasee”, and collectively, the "Releasees") on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage, or financial loss arising out of or attributable to my being on the Premises or participating in the Activities, whether arising out of the ordinary negligence of any Releasees or otherwise. I covenant not to make or bring any such claim against any Releasee, and forever release and discharge the Releasees from liability under such claims. I understand that such claims or demands include, but are not limited to, any injury, including death, loss, property damage or expense, which I or Participant may suffer, arising in whole or in part out of Participant’s participation in the activity, claims based on any Releasee’s alleged or actual negligence or breach of any contract and/or express or implied warranty or breach of any statutory or other duty of care, including any duty of care under the Occupiers Liability Act.
9. I shall defend, indemnify, and hold harmless the Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by/awarded against the Releasees arising out of or resulting from any claim related to my being on the Premises or participating in the Activities, including any claim related to my own negligence or the ordinary negligence of the any Releasees. I understand that negligence includes failure on the part of any Releasee to take reasonable steps to safeguard or protect against the risks, dangers and hazards of the activity.
10. I agree to pay all costs, including attorneys’ fees, incurred by any Releasee in defending any investigation, claim or lawsuit brought by or on Participant’s behalf whether arising in whole or in part from Participant’s participation in any activity or from any misrepresentations or fraudulent execution of this Release.
11. I am jointly and severally liable for any damage that I, or any member of my group or party, may cause to Releasees’ Property and/or on the Premises, and agree that the Releasees may add a surcharge to my account or charge my credit card, within 48 hours of my participation in the Activities for the full value of any such loss or damage.
12. In the event of my death or incapacity, this Release shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives.
13. In entering in the Release, I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of the Activities or participating in the Activities, other than as expressly set forth herein.
CONSENT TO USE OF IMAGE AND LIKENESS.
14. I acknowledge that the Releasees may take photographs and/or video recordings of me while I am present on the Premises and/or participating in the Activities. I hereby grant the Releasees express permission to use my name, likeness, image, voice and/or appearance, as such may be embodied in any photographs, video recordings, digital images and similar media taken or made by the Releasees. I agree that the Releasees shall have complete ownership of such media, including all copyrights, and may use same for promotional purposes, including on any websites or social media accounts maintained by the Releasees and on physical advertising or informational materials, such as brochures, pamphlets, postcards, inserts and articles. I acknowledge that I will not receive any compensation for the use of such media and hereby release the Releasees from any and all claims which arise out of or are in any way connected with such use.
CONSENT TO MEDICAL SERVICES.
15. I represent that Participant is in good health and that there are no special problems associated with Participant’s physical or mental condition. I consent to the provision of medical services to Participant in the in the event that Participant is injured in any way, and I authorize a licensed physician or other medical care provider to carry out any emergency medical care for Participant which may be necessary. I agree to be fully responsible for any costs associated with such care or transport to such care.
PARTICIPATION OF MINORS.
16. If I am signing this Release on behalf of one or more person(s) who are under the age of 18 years old (each, a “Minor”), I expressly confirm that I have entered the full legal name and date of birth of each Minor.
17. If I am signing this Release on behalf of one or more Minors, I expressly confirm that I am the parent or legal guardian of each Minor, or otherwise have legal authority to enter into the Release on behalf of each Minor, and hereby accept all of the terms and conditions contained in this Release on behalf of each Minor.
18. If I am signing this Release on behalf of one or more Minors, I expressly confirm that I have assessed the risks and dangers associated with the Activities, having regard to the specific abilities and circumstance of each Minor, and I voluntarily consent to each Minor participating in the Activities and being present on the Premises, despite such risks and dangers (of which I am fully aware).
19. If I am signing this Release on behalf of one or more Minors, I expressly confirm that if any Minor is injured while participating in the Activities or on the Premises, I accept all responsibility and liability for any such injuries and agree to defend, indemnify and hold harmless the Releasees from any and all claims or suits for personal injury, property damage and otherwise which are brought by or on behalf of the Minor, and which are in any way connected with the Minor’s presence at or participation in the Activities, and/or on connected to the Minor’s presence on the Premises. This is true even if I am misrepresenting my legal capacity as the Minor’s legal guardian or parent—regardless, I accept all responsibility and liability as stated above.
20. I understand that a Minor will not be permitted to take part in any of the Activities or enter the Premises unless I agree to the terms of this Release.
GENERAL.
21. I represent that I am the parent or legal guardian of the Participant(s) named below or I have obtained permission from the parent/legal guardian of the Participant(s) named below to execute this Release on their behalf.
22. I acknowledge and understand that should I drop off Minor(s) at a private Activity scheduled by another parent (the “Host”), the Host must take responsibility for my child/children. I understand that the Releasees do not provide a daycare service on the Premises and is not responsible for my child’s/children’s safe participation.
23. I acknowledge and understand that all children ages 12 and under must be accompanied by a responsible adult while on the Premises unless the Activity expressly provides otherwise.
24. I, for myself and the Participant(s) named, willingly assume the risks associated with participation and accept that there are also risks that may arise due to OTHER PARTICIPANTS which I also willingly assume. The Releasees are not responsible for the loss, damage or theft of personal property of any guest. In addition, I agree to pay for all damages to the facility caused by my or my family’s negligent, reckless or willful actions.
25. I agree that the Participant(s) named and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions as conditions for participation in any Activities. At its sole discretion, the Releasees reserve the right to remove any patron, guest or invitee from the premises if said person’s behavior, language, dress, or deportment is deemed inappropriate.
26. I, for myself, the Participant(s) named, our heirs, assigns, representatives, and next of kin agree to hold harmless, release, waive and indemnify the Releasees from any and all injuries, liabilities or damages from participation, except for those arising from the gross negligence or willful misconduct of the Releasees. I agree to indemnify Releasees for any and all defense cost or expense arising from any and all claims, injuries, liabilities or damages arising from participation, including legal costs for the enforcement of this Release.
27. I understand that the Activities do not take place in a food-allergen free facility and that the Premises is not a food-allergen free facility, and that Participant assumes any inherent risk associated with food allergies.
28. I represent that Participant is of sufficient physical ability to participate and is legally competent to understand and complete this Release, or that I am Participant’s legal guardian and accept and assume all responsibilities associated therewith under this Release.
29. Participant(s) agree to consult their doctor before undertaking any Activities or stepping foot on the Premises if Participant(s) have pre-existing serious medical conditions (such as a heart ailment or if they suffer from seizures), conditions that affect their ability to safely perform physical activities, psychiatric conditions (such as anxiety disorders or post-traumatic stress disorder), or if Participant is pregnant or elderly.
30. Participant will not engage in any Activities or be present on the Premises if Participant is sick, fatigued, under the influence of intoxicants/drugs, or not feeling generally well.
31. I UNDERSTAND THAT THIS RELEASE WILL APPLY FOR EACH AND EVERY DAY PARTICIPANT PARTICIPATES IN ANY ACTIVITIES OR IS PRESENT ON THE PREMISES FOR A ONE FULL CALENDAR YEAR FROM THE DATE OF SIGNING, BELOW.
32. I additionally agree that if I misrepresent my contact information, or knowingly supply incorrect information that I still assume all risks listed in this waiver for myself and any Minor I represent. By signing this Release without a parent or legal guardian’s signature, I represent, under penalty of fraud that I am at least 18 years old.
33. I have had sufficient opportunity to read this entire Release and I agree to be bound by its terms. I have read and understand the entire contents of this Release, and I am aware that by signing this Release I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns, and representatives may have against the Releasees. I was given the opportunity to ask any questions concerning the impact of the Release prior to my execution of this document, and I am voluntarily and knowingly entering into the Release.
34. This Release represent the entire agreement among the parties with respect to the subject matter hereof and there are no ancillary representations, warranties, covenants, agreements or provisions.
35. I understand that my participation in each Activity and my decision to be present on the Premises is purely and solely voluntary.
36. I agree and warrant that I will examine the conditions of each Activity in which I take part, as well as the Premises, and that, if I observe any condition which I consider to be unacceptably hazardous or dangerous, I will notify the proper authority in charge of the Activity and/or the Premises and will refuse to take part in the Activity or enter the identified section of the Premises until the condition has been corrected to my satisfaction.
37. I agree that any and all claims for loss, injury and/or death arising from Participant’s participation in the Activities shall be governed by the law of the State of Colorado, and that exclusive jurisdiction of any such claim shall be in a court of competent jurisdiction therein.
38. If, for any reason, any portion of this Release is found to be void, unenforceable, or inapplicable, the remaining portions shall remain in full force and effect.
FOR NON-MINORS
I am an adult, aged 18 or over. I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and voluntarily and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force.
FOR MINORS (PARENTS/LEGAL GUARDIANS):
I am the parent / legal guardian of the below-named Participant who is under eighteen years of age and has voluntarily applied to participate in the above Activities and be present on the Premises. I am fully competent to sign this waiver and do so voluntarily. The Participant and parent / legal guardian do hereby freely, voluntarily, and without duress execute this Release under the terms and conditions outlined above.
I give permission for Participant to participate in the above-referenced Activities and to enter the Premises. I acknowledge that the nature of the Activities/Premises could possibly expose the Participant to hazards or Risks that could result in personal injury and illness, permanent disability, paralysis, and even death. I grant the Releasees full authority to take whatever actions they may consider to be warranted under any circumstances regarding the protection of Participants’ health and safety. I understand and agree that if Participant does not comply with all rules, code of conduct and instructions relating to this Activity/the Premises, Releasees have the right to terminate his/her participation in the Activity without refund or remove him/her from the Premises without refund.
I have carefully read this agreement and understand it to be a release of all claims and causes of action related in any way to Participant’s participation in the Activities.