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  • Participant Waiver

  • LIABILITY RELEASE, WAIVER, INDEMNIFICATION, EXPRESS ASSUMPTION OF RISK, AND COVENANT NOT TO SUE

    THIS IS A LEGALLY BINDING LIABILITY RELEASE, WAIVER, EXPRESS ASSUMPTION OF RISK,
    INDEMNIFICATION, AND COVENANT NOT TO SUE (the “Release”) THAT AFFECTS YOUR LEGAL RIGHTS.

    By signing this Release you forever give up all your rights to recover compensation or obtain any other remedy for any injury
    or damage to yourself or your property or for your death arising out of your participation in the Program (as defined below).

    1. I, the undersigned, hereby affirm that I have carefully read and agree with this Release in its entirety. In consideration of my being allowed to participate in the activities, the program, and all related events (collectively referred to as the “Program”), by my signature below and by my initialing each paragraph, I agree to each and every term and condition of this Release.

    2. I have requested that Rock Ski Alpine Guides, LLC, d/b/a Chicks Climbing and Skiing, d/b/a Cirque (herein referred to as “RSA Guides”), provide a guide or guides to take me rock climbing, ice climbing, alpine climbing, mountaineering, ski mountaineering, and/or skiing (including backcountry, resort and helicopter skiing), and I am voluntarily participating in the Program. I agree to comply with all terms and conditions set by the Released Parties (as defined in section 4a below) for my participation in the Program. If I observe any unusual and/or significant dangers during my participation in the Program, I will cease participating and bring such danger to the attention of the nearest official immediately. I swear that I am in good health, physically fit and competent to participate in the Program, and have no physical or mental limitations or problems that would affect my safe participation or the safety of others in the Program and I have not been advised otherwise by a qualified medical person. I recognize that the Released Parties may refuse or terminate my participation at any time, in their sole discretion, if I am judged to be incapable of meeting the rigors or requirements of the Program. I accept the Released Parties’ right to take such actions for the safety of myself and/or other participants. I will not engage in any activity beyond my capabilities and will not cause any third party to be endangered by any of my actions during the Program. I affirm that all of my questions regarding the Program have been answered to my satisfaction.

    3. I UNDERSTAND THAT THERE ARE DANGERS AND RISKS (BOTH APPARENT AND UNANTICIPATED) INHERENT IN MY PARTICIPATION IN THE PROGRAM, INCLUDING THE RISK OF SERIOUS INJURIES TO MY PERSON AND/OR PROPERTY, PARALYSIS, AND/OR DEATH AND I KNOWINGLY AND FREELY ASSUME ALL SUCH DANGERS AND RISKS. I understand that the hazards and risks of my participating in the Program include, but are not limited to the following: traveling in mountainous terrain; glacier travel; equipment failure and/or malfunction of my own or other’s equipment; accidents or illness in remote places without medical facilities; falling; being hit or crushed by falling rocks, ice, snow, equipment, climbers, or other debris; head injuries; sprained or broken bones; avalanches; dehydration; hypothermia; fatigue; injuries from animals, insects, or reptiles; travel to and from the Program; exposure to extreme heat or cold, rain or snow, thunderstorms or lightning; injury due to the negligence of myself, employees, representatives, or agents of the Released Parties, and/or any other individuals; and fatigue, chill, dizziness, and other factors that may diminish the Released Parties’ reaction time and increase the risk of accident. I understand that the aforementioned hazards and risks are described by way of example only, and that there are numerous other hazards and risks inherent in my participating in the Program to which I may be exposed that may also result in serious injury or death to others or myself. I understand that my participating in the Program and any instruction or knowledge I receive while participating is NOT SUFFICIENT to prepare me for the dangers and risks of the Program. I understand that the Released Parties strongly recommend that I have adequate medical and life insurance. I agree that I am solely responsible for all costs and expenses arising out of or related to any injury I suffer while participating in the Program. I agree to wear any necessary safety equipment provided to me and recognize and agree that my failure to do so increases the potential for severe injury or death.

    4. IN ADDITION TO ANY FEES I HAVE PAID OR WILL PAY, AS LAWFUL CONSIDERATION FOR MY
    BEING ALLOWED TO PARTICIPATE IN THE PROGRAM:

     a. I, on behalf of myself, my family, heirs, successors, assigns or anyone else claiming any interest through me, hereby KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVE, RELEASE, INDEMNIFY, AND AGREE TO HOLD HARMLESS Rock Ski Alpine Guides, LLC, d/b/a Chicks Climbing and Skiing, d/b/a Cirque and all of its employees, guides, volunteers, officers, directors, managers, members, consultants, affiliates, assigns, representatives, advertisers, independent contractors, subcontractors, and agents, and if applicable, the owners and lessors of any premises used to conduct the Program (collectively referred to as the “Released Parties”) FROM ANY AND ALL ACTIONS, SUITS, CLAIMS, DAMAGES, LIABILITY, AND LOSS (INCLUDING ATTORNEY FEES AND COSTS), that I, my family, heirs, successors, assigns or anyone claiming any interest through me, MAY HAVE FOR ANY DAMAGE, INJURY, PARALYSIS, LOSS OR DEATH TO MYSELF OR ANY OTHER PERSON OR PROPERTY ARISING OUT OF OR RELATED TO MY PARTICIPATION IN THE PROGRAM, whether such damage, injury, paralysis, loss or death results from NEGLIGENCE of any of the Released Parties or from some other cause.

     b. I hereby PERSONALLY ASSUME ALL RISKS and ACCEPT FULL RESPONSIBILITY FOR ANY AND ALL DAMAGE, INJURY, PARALYSIS OR DEATH TO MYSELF OR OTHERS arising from or related to my participation in the Program. I ACCEPT THE PROGRAM AND ALL INSTRUCTION AND ADVICE “AS IS”. I understand and explicitly agree that NEITHER I, MY FAMILY, HEIRS, SUCCESSORS, ASSIGNS OR ANYONE ELSE CLAIMING ANY INTEREST THROUGH ME, WILL BRING ANY LEGAL ACTION WHATSOEVER AGAINST ANY OF THE RELEASED PARTIES as a result of any damage, injury, paralysis, loss or death to myself or my property that arises out of my participation in the Program. I, AND MY ESTATE IF I DIE, HEREBY HOLD HARMLESS AND INDEMNIFY ALL OF THE RELEASED PARTIES FOR ANY AND ALL CLAIMS, INCLUDING ATTORNEY FEES AND COSTS, WHICH MAY BE BROUGHT AGAINST ANY OR ALL OF THE RELEASED PARTIES BY ANYONE CLAIMING TO HAVE BEEN INJURED AS A RESULT OF MY DEATH, ANY INJURY TO ME OR MY PROPERTY OR THROUGH MY ACTIONS, WHICH CLAIMS AROSE FROM OR ARE RELATED TO MY PARTICIPATION IN THE PROGRAM.

    5. By signing this document, IT IS MY INTENT TO RELEASE, WAIVE, HOLD HARMLESS, AND INDEMNIFY ALL OF THE RELEASED PARTIES FROM ANY AND ALL LIABILITY CONNECTED WITH MY PARTICIPATION IN THE PROGRAM (including, but not limited to, the negligence of the Released Parties, whether passive or active), and to personally assume all risk of injury or death to myself and/or others. I understand that the terms of this Release are legally binding and not a mere recital and understand that I would not be permitted to participate in the Program without entering this Release. I have signed this Release voluntarily and of my own free will. This Release contains the entire agreement between myself and the Released Parties regarding the subject matter of this Release, and no verbal representations or statements have been made to me that change, alter or modify any part of this Release.

    6. I am aware of the Coronavirus/Covid 19 pandemic, its risks and recommended safety guidelines, and desire to participate in any/all activities and use of all equipment and facilities offered, organized, led, operated, provided, sponsored and taught by RSA Guides. I voluntarily am participating in and using the above-mentioned activities, equipment and facilities entirely at my own risk. I acknowledge that RSA Guides, including its agents, representatives, and employees, a) have not inspected or tested any guests, backcountry facilities and equipment for the presence of Covid 19; and b) are unable to otherwise verify that any person, backcountry facility or equipment is free from the Covid 19 virus. I further agree to comply with any state or local requirement relating to Covid 19, if any.

    7. This Release shall be governed by and interpreted under the laws of Colorado, without regard to conflict of laws provisions. If any lawsuit or claim is brought that arises out of or relates to my participation in the Program, I agree that jurisdiction and venue for such suit shall be in the appropriate state or federal courts located in Denver, Colorado and hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise be entitled. If any provision of this Release is held to be invalid or unenforceable, in whole or in part, by any court of competent jurisdiction, such provision shall be amended to conform to the requirements of the law so as to be valid and enforceable, provided that such provision shall be curtailed, limited, or eliminated only to the minimum extent necessary to remove the invalidity, illegality or unenforceability and the rest of this Release shall remain in full force and effect. If such provision cannot be so amended, this Release shall be construed as if such provision had never been contained herein, and the rest of this Release shall remain in full force and effect.

    8. I understand that my participation in the Program may be photographed, filmed or videotaped, and/or promoted by the Released Parties, and as partial consideration for my participation in the Program, I hereby give permission to Released Parties to use my likeness for any purpose whatsoever, without charge and expressly waive any right of privacy, compensation, copyright or other ownership right connected to same.

    I, THE UNDERSIGNED, HAVE READ, AGREE TO, AND UNDERSTAND this Release, and sign this Release on behalf of my estate, my heirs, and
    myself.

    FOR PARENTS/GUARDIANS OF PARTICIPANT OF MINOR AGE (UNDER AGE 18 AT TIME OF
    REGISTRATION) This is to certify that I, as parent/guardian with legal responsibility for this participant under the age of 18
    (the “Minor”), do consent and agree to Minor’s release as provided above of all the Released Parties, and, for myself, my heirs,
    assigns, and next of kin, I hereby release and agree to indemnify and hold harmless the Released Parties from any and all
    Claims due to the Minor’s involvement or participation in these Programs as provided above, EVEN IF ARISING FROM
    THE NEGLIGENCE OF THE Released Parties, to the fullest extent permitted by law.

  • This is to certify that I, as parent/guardian with legal responsibility for this participant under the age of 18 (the “Minor”), do consent and agree to Minor’s release as provided above of all the Released Parties, and, for myself, my heirs, assigns, and next of kin, I hereby release and agree to indemnify and hold harmless the Released Parties from any and all Claims due to the Minor’s involvement or participation in these Programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF the Released Parties, to the fullest extent permitted by law.

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