RELEASE AND WAIVER OF RIGHTS
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS.
1. In consideration of being able to participate in Timberline Adventures (as defined below)’s programs, trips, and/or services, I hereby agree to release and hold harmless Timberline BH Adventures, Inc. and all of its affiliated organizations including parents and owners, companies, and contractors, and each of their respective insurance carriers, agents, employees, volunteers, representatives, assignees, members, managers, officers, directors, and shareholders (collectively referred to in this Release as “Timberline Adventures”) for any and all liability and/or claims for injury or death or damage to property arising in any way from any activity as part of any program, trip, and/or service either run by or sponsored by Timberline Adventures. Reference to activity or activities in this Release include, but are not limited to, cycling (e.g., road biking, mountain biking, etc.), hiking, climbing, walking, traveling, transportation, boating (e.g., canoeing, rafting, kayaking, etc,), horseback riding(1), multi-sport activities, equipment rentals, and all other activities on Timberline Adventures’s premises, or off the premises that are run by or sponsored by Timberline Adventures.
2. I agree to not sue or bring any claim against Timberline Adventures on any basis, including but not limited to, claims of negligence, negligence per se, premises liability, wrongful death, or breach of warranty. I understand that this Release includes a release of all claims even if they involve statutory violations or the negligent action or inactions of Timberline Adventures.
3. I acknowledge that any activities run by or sponsored by Timberline Adventures involve both known and unknown risks. The known risks include, but are not limited to:
physical exertion for which I am not prepared; vehicular traffic; road and trail hazards; weather conditions and other forces of nature; illness or accident caused by stress, fatigue, high altitude, or consumption of food and beverage; accident or illness without access to means of rapid evacuation or availability of medical supplies; criminal activities; housing and food conditions; transportation accidents or incidents; falling; animals; water related injuries; drowning; equipment failure; improper use of equipment; slipping; natural and manmade hazards; uneven and/or slippery surfaces; collisions with natural objects or manmade objections; collisions with other people; my condition; variations in terrain; cliffs; downed timber; stumps; plants and trees; tree wells; forest growth; rocks; debris; obstacles; fatigue; exhaustion; dehydration; lightning; and negligence of others.
I understand that the description of risks above is not complete and that the activities may be dangerous and include other risks. I voluntarily assume all risks of injury and/or death.
4. I agree that I will be personally liable for and will pay all reasonable attorneys’ fees and costs incurred by Timberline Adventures in defending any lawsuits or claims covered by this Release or any activity of mine with Timberline Adventures. I agree that under no circumstances will Timberline Adventures ever be responsible for any of my attorneys’ fees.
5. I authorize Timberline Adventures to call for medical care and/or transport me if in the opinion of its personnel such care is needed, and I will pay all costs associated with medical care and related transport, and release, defend, and indemnify Timberline Adventures for any costs incurred from such medical care and transport, and any claims regarding medical care and/or transport (including claims regarding failure to provide medical care and/or transport).
6. I agree that this Release covers all activities and each and every time I participate in any program, trip, and/or service run by or sponsored by Timberline Adventures, without requiring me to sign another form for each new day or activity.
7. I agree to fully defend, indemnify, and hold harmless Timberline Adventures from any lawsuits or claims brought by any third persons that involved, in any manner, my actions or inactions.
8. By signing this, I represent that I am at least 18 years of age, or, that my parent or legal guardian is also signing this document along with me. If I am signing as the parent or legal guardian, I represent that I am the legal parent or legal guardian of the minor participant.
9. If I am signing as the parent or guardian, I agree that I am signing this on behalf of the minor. I further agree that both I and the minor are bound by all the terms of this Release, and both I and the minor are considered “I” in all the clauses of this Release.
10. I agree that any and all claims for injury or death against Timberline Adventures or related to this Release in any way shall be governed by Colorado law, and the exclusive jurisdiction of any such claim shall be in the State of Colorado Federal Court or State of Colorado State Court.
11. I consent to the uncompensated use of my image or voice in any photographs, video, film, and sound recordings by Timberline Adventures for the purpose of publicizing, marketing, advertising, or documenting the activities or for any other related purpose.
12. This Release is binding to the fullest extent permitted by law. If any provision of this Release is found to be unenforceable, the remaining terms shall remain enforceable. I agree that this Release shall be binding upon my assignees, subrogors, heirs, next of kin, executors, and personal representatives. And, I agree that they cannot bring any claim or action against Timberline Adventures, and in such circumstances they are also considered “I” in all the clauses of this Release.
(1) With regards to horseback riding or similar activities, please see the following warning:
Under Colorado Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes.