In consideration of being allowed to use the facilities and participate in programs and events (“Programs”) operated by Ryder Walker Alpine Adventures, Inc. its owners, affiliates, operators, employees, contract staff, agents, and officers (collectively “Host”) the undersigned Participant
, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:
- TO HOLD HARMLESS, INDEMNIFY AND WAIVE ALL CLAIMS that they have or may have against the Host arising out of the Participant’s participation in the Programs, including but not limited to travel to and from the Programs, luggage transfers and the use of any equipment provided by the Host (“Equipment”): The Participant and his/her Parents or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; PARTICIPANT UNDERSTANDS THAT THERE ARE SIGNIFICANT INHERENT RISKS IN ALL ASPECTS OF THE PROGRAMS. Risks include but are not limited to Equipment failure and/or malfunction; Participant’s own negligence, negligence of other participants, equipment failures, attack or encounter with animals, reptiles and/or insects, weather, environmental and other conditions which may impair my ability or judgment, etc.
- TO ASSUME ALL RISKS of participating in the Programs and using the Equipment, knowingly and freely, including but not limited to those risks expressly stated in Section 1, above. The Participant and his/her Parents or legal guardian(s) understand that there are inherent risks of participating in the Programs and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;
- TO RELEASE the Host from any and all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Programs and use of the Equipment, including while receiving instruction and or training; and
- TO INDEMNIFY the Host, its owners, affiliates, operators, employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense (including without limitation all claims for monetary loss and property damage with regard to luggage transfers) that the Participant (or his/her next of kin and/or legal guardians) may suffer, arising out of participation in Programs and use of the Equipment.
The Participant, and the Participant’s parent(s) or legal guardian(s), if Participant is a minor, hereby agree to submit any dispute arising from participation in the Programs to binding arbitration. Submission shall be unlimited. For such disputes, there shall be a three-member arbitration panel, consisting of two partyappointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. The neutral arbitrator shall be an officer or director of any entity that operates a similar adventure travel enterprise in the United States. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the San Miguel County District Court, utilizing the selection criteria for the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in San Miguel County, Colorado and shall be governed by Colorado’s Uniform Arbitration Act. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release contained in the Agreement are enforceable under applicable law.
Photography/ Videography Release
Participant hereby grants the Host, its representatives, employees, successor and assigns the right to take photography and video of Participant in connection with in the Programs. Participant hereby authorizes the Host to copyright, use, and publish the same in and/or any other form of media. Participant hereby agrees that the Host may use such photographs and video of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content. I expressly waive any right of compensation for use of my image.
The Participant and the Participant’s parents or legal guardians if Participant is a minor, certifies that he/she has no physical or mental condition that precludes him/her from participating in the Programs and that he/she is not participating against medical advice.
If helmets or other Equipment or safety measures are recommended for use while participating in the Programs, and Participant chooses not to abide by such measures, results and he/she will not be allowed to participate in the activity and if he/she participates anyway, he/she does so at his/her own risk and accepts full responsibility for any injury that results.
The Participant understands that his/her participation in the Programs is voluntary and further understands that he/she has the opportunity to inspect the Equipment and Program location before any participation.
The Participant understands the he/she is obligated to follow the rules of the Programs and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.
If, while participating in the Programs, the Participant observes any unusual hazard, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself from participation in the Programs and immediately bring said hazard to the attention of the Host.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and enforceable to the extent permitted by law.