TELLURIDE GAY SKI WEEK
SKIING ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY BEFORE DIGITALLY SIGNING AND SUBMITTING AT THE BOTTOM OF THIS PAGE. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
The adult voluntarily participating in the Telluride Gay Ski Week Group Extreme Skiing Tour at the Telluride Ski Resort on form submitter shall be referred to hereinafter as “PARTICIPANT”. “ADULT” means either the adult PARTICIPANT signing this release on behalf of himself/herself OR it means the parent or legal guardian signing this release on behalf of himself/herself as well as on behalf of the child PARTICIPANT. “CHILD” means the minor child named below. “THE UNDERSIGNED” means only the ADULT when the ADULT is the PARTICIPANT OR it means both the ADULT and CHILD when the CHILD is the PARTICIPANT. THE UNDERSIGNED agree and understand that skiing and extreme skiing in double black and EX runs and/or participating in the Telluride Gay Ski Week Group Extreme Skiing Tour (hereinafter the “ACTIVITY”) can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH.
THE UNDERSIGNED agrees and understands that there are risks associated with strenuous physical exertion and with participating in the ACTIVITY and that falls, INJURIES AND/OR DEATH may result from engaging in the ACTIVITY. THE UNDERSIGNED agrees and understands that risks include, but are not limited to: equipment failure; rocks and unmarked obstacles of various sizes; uneven and/or hazardous trail conditions; varying weather and surface conditions; variations in terrain; water bars, bumps; stumps; forest growth; ice, holes, cliffs, downed timber; debris; other skiers; the physical condition of the PARTICIPANT; dehydration, outdoor elements and high elevation. The participant understands and acknowledges he/she is voluntarily participating in the ACTIVITY and has the requisite skills to participate in the ACTIVITY and is aware of the conditions the Activity will take place in. Participant is responsible for reading, understanding and complying with all signage encountered during the ACTIVITY. Participant recognizes that he/she must have the physical dexterity and knowledge sufficient to safely participate in the ACTIVITY. Participant assumes the risks of participating in the ACTIVITY.
In consideration of allowing the PARTICIPANT to participate in the ACTIVITY, ADULT hereby agrees to ASSUME ALL RISKS associated with the PARTICIPANT’s participation in the ACTIVITY. Additionally, ADULT agrees to HOLD HARMLESS, RELEASE, DEFEND AND INDEMNIFY TGSW, LLC, a Colorado limited liability company; SBG Productions, Inc., a Colorado corporation; and, their respective insurance carriers, subsidiaries, agents, employees, representatives, assignees, directors, officers, partners and/or shareholders (each hereinafter a “RELEASED PARTY”) FROM ANY AND ALL LIABILITY and/or claims of the ADULT arising from injury or death to persons or damage to property arising from the PARTICIPANT’s participation in the ACTIVITY, including those injuries and damages caused by any RELEASED PARTY’s alleged or actual NEGLIGENCE OR BREACH OF any express or implied WARRANTY. By execution of this release, ADULT AGREES TO DEFEND AND INDEMNIFY each RELEASED PARTY from any and all claims of the ADULT and/or a third party arising from the PARTICIPANT’s participation in the ACTIVITY.
THE UNDERSIGNED recognize that helmets are required and PARTICIPANT agrees to wear a helmet at all times while participating in the ACTIVITY.
The ADULT represents that the PARTICIPANT is in good health and there are no special problems associated with his/her care. ADULT authorizes any RELEASED PARTY and/or their authorized personnel to call for medical care for the PARTICIPANT or to transport the PARTICIPANT to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. ADULT agrees that upon PARTICIPANT’s transport to any such medical facility or hospital that the RELEASED PARTY shall have no further responsibility for PARTICIPANT. Further, ADULT agrees to pay all costs associated with such medical care and related transportation provided for PARTICIPANT and shall indemnify and hold harmless the RELEASED PARTY from any costs incurred therein, or any claims originating therefrom.
In consideration for allowing PARTICIPANT to participate in the ACTIVITY, ADULT agrees that ANY AND ALL claims for injury and/or death arising from the PARTICIPANT’s participation in the ACTIVITY shall be GOVERNED BY COLORADO LAW and EXCLUSIVE JURISDICTION of any claim shall be in the District Court residing where the alleged incident occurred or in the Federal Court for the State of Colorado.
This release shall be binding to the fullest extent permitted by law. If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. If applicable, the undersigned parent or legal guardian acknowledges that he/she is also signing this release on behalf of the CHILD and that the CHILD shall be bound by all the terms of this release. This release shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of THE UNDERSIGNED.
By signing this agreement as an ADULT, you represent that you are at least 18 years of age, and, if signing as the parent or guardian of the CHILD, that you are the legal parent or guardian of the CHILD.