Liability Release Form
Grand Mesa Nordic CouncilAcknowledgment of Risk and Release of Liability
I wish to become a member of and/or participate in activities, events, races, trips, social media and other benefits (collectively “GMNC Activities”) partially or wholly sponsored, organized, directed, conducted, owned or paid for by Grand Mesa Nordic Council, including its employees, agents, volunteers, instructors, partners, sponsors, contractors and members (collectively "GMNC"). In exchange for the ability to join and/or participate in GMNC Activities, by my/our signature on this Acknowledgement of Risk and Release of Liability ("Release") I/we hereby irrevocably and unconditionally agree for myself/ourselves (including our minor children as applicable) and my/our heirs, estate, insurers, successors and assigns as follows:
1. Acknowledgement and assumption of risk
I understand that any and all GMNC Activities may be hazardous and may result in severe injury, loss, damage, disease, or death. I understand that I am solely responsible for my own safety, and for taking every precaution to provide for my safety and well-being, while participating in GMNC Activities. I understand that my skills will be challenged during GMNC Activities. I understand that I am solely responsible for assuring that my physical conditioning, skills, training and equipment are adequate for me to participate safely in GMNC Activities. I understand that the GMNC has no obligation to provide medical care, and has not undertaken the responsibility to do so. I understand that the GMNC is not a guide service. I understand that many GMNC Activities are led by volunteers, partners, sponsors or contractors whose abilities, skills, equipment and actions are not independently controlled or verified by GMNC. I understand that GMNC Activities involve inherent, serious risks and dangers that are impossible to know or predict, including but not limited to: skiing accidents or collisions; narrow or nonexistent trails; rough, exposed, unstable, steep or slippery terrain; high-altitude illness; lightning; cold weather; avalanches, icefall or rockfall; wild or venomous/poisonous animals, insects or plants; dangerous river or water crossings; fires or floods; exposure to diseases; other forces of nature; equipment malfunctions or failure; extreme remoteness from medical facilities or rescue; travel by motor vehicles or other conveyance; acts or omissions by ACA, its employees, agents, volunteers, instructors, partners, sponsors, contractors or members; and acts or omissions by other activity participants. I understand and have considered and evaluated the nature, scope and extent of the risks involved, and I voluntarily and freely choose to assume such risks.
2. Release of liability
I fully and forever release and discharge GMNC, its volunteers, employees, agents, partners, leaders, instructors, members, guides, officers, directors, representatives, partners, sponsors, contractors, owners or operators of GMNC Activities, gear, facilities, equipment and vehicles, and all others involved in GMNC Activities (the "Released Parties") from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in, use of, or attendance at any and all GMNC Activities, including use of GMNC social media, and including transportation related to GMNC Activities, even if it is due to the negligence or other fault of the Released Parties.
3. Covenant not to sue
I will not initiate any lawsuit, court action, or other legal proceedings against the Released Parties, nor join or assist in the prosecution of any claim for money damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me or others in connection with my participation in, use of, or attendance at any or all GMNC Activities, and I waive any right I may have to do so. This means that I cannot sue to hold the Released Parties responsible for any injuries, losses, diseases or damages that I may experience related to GMNC Activities, even if due to the negligence or other fault of the Released Parties. I waive my insurers' right to make a claim against the Released Parties based on payments by insurers to me or on my behalf for any reason. This means that my insurers have no right of subrogation against the Released Parties. If any portion of this covenant not to sue is held to be invalid or unenforceable, I agree that the venue of any lawsuit shall be the City of Grand Junction, Mesa County, Colorado, and that, irrespective of any otherwise applicable choice-of-law statute, law or provision, Colorado statutory and substantive law shall apply to any such lawsuit.
4. Indemnification and hold harmless
I will hold harmless, indemnify, defend and reimburse the Released Parties from and for any sums, costs, or expenses (including attorney fees) incurred by any of the Released Parties or paid by them to any person (including me or my insurers) in connection with any accident, injury (including disease or death), loss, or damage sustained by me or others in connection with my attendance at, use of or participation in any GMNC Activities, including use of GMNC social media, and including transportation related to GMNC Activities.
5. No insurance
I understand that GMNC and others involved in GMNC Activities do not provide me with any insurance, including life, medical, motor vehicle, or liability, for any illness, accident, injury, loss, or damage that may arise in connection with my participation in, use of, or attendance at any GMNC Activities. If I want insurance of any kind, I must obtain my own insurance. I will pay my own medical emergency expenses and all subsequent medical expenses associated with any illness, accident, or injury in connection with any GMNC Activities.
6. Publicity release
Photography, webcasting, and audio/video recording may take place at GMNC events. I consent to be webcast, broadcast, filmed, videotaped, photographed and/or recorded as a member of the audience, a willing participant, and/or a ticket holder. I authorize the GMNC to use all past, present, and future images, likenesses, names, voices and all reproductions in any media forever, in any location, by the GMNC or its licensees, and I waive any rights of privacy or publicity related to such uses. I also release, indemnify, defend and hold harmless the GMNC, its affiliates and licensees, and all other Released Parties from any liability for loss or damage to persons or property arising from such uses.
7. Additional terms and conditions
The GMNC has additional terms and conditions for the use of its services and benefits, including the GMNC’s commitments to non-discrimination, prohibition of controlled substances, requirements to follow skiing and trail rules, and requirements for participation in GMNC events and posting on GMNC social media. I agree to comply with all of the GMNC’s terms and conditions for the use of its services and benefits, and I release the GMNC and the other Released Parties if I/we fail to do so.
I intend this Release to apply in connection with any GMNC Activities at any time and anywhere in the world. If any portion of this Release is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This Release supersedes any oral or written statements made by or to me at any time by anyone in connection with any GMNC Activities. I understand that I cannot terminate, cancel, or revoke this Release for any reason.
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Document Name: Liability Release Form
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