PARTICIPANT AGREEMENT, RELEASE, AND ASSUMPTION OF RISK
In consideration of the services of RAM Engineering Inc, dba RAM Off-Road Park, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "RAM"), I hereby agree to release, indemnify, and discharge RAM, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation Tracks and Trails activities entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: collision with other participants, spectators, or objects; slips and falls; falling down; pinches, bruises, abrasions, cuts and lacerations; musculoskeletal injuries including head, neck and back injuries; muscular soreness, tears, strains, sprains, dislocations, fractures and broken bones; equipment failure and/or operator error; objects or conditions on the surface that may cause me to fall; exposure to temperature and weather extremes which could cause hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; transmissible pathogen or disease; the negligence of other visitors, participants, or other persons who may be present; my own physical condition, and the physical exertion associated with this activity.
Furthermore, RAM personnel seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I agree to wear a properly fitted helmet while participating in this activity.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless RAM from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of RAM’s equipment or facilities, including any such claims which allege negligent acts or omissions of RAM.
4. Should RAM or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against RAM, I agree to do so solely in the state of Colorado and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against RAM on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at RAM. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.