PURGATORY RECREATION I, LLC DBA PURGATORY RESORT
WARNING, ASSUMPTION of RISK, LIABILITY RELEASE, INDEMNITY and HOLD HARMLESS AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
1. The person participating in the MOUNTAIN ARCHERY FESTIVAL or other events, or activities related thereto, at Purgatory Resort shall be referred to hereinafter as “PARTICIPANT”. “THE UNDERSIGNED” means only the PARTICIPANT when the PARTICIPANT is age 18 or older OR it means both the PARTICIPANT and the PARTICIPANT’s parent or legal guardian when the PARTICIPANT is under the age of 18. THE UNDERSIGNED agree and understand that participating in Mountain Archery Festival, including but not limited to USE OF ARCHERY EQUIPMENT, COMPETING IN EVENTS, riding the SCENIC CHAIRLIFT, HIKING AND CLIMBING IN MOUNTAIN TERRAIN whether self-guided or with guide, climbing on NATURAL ROCK, and riding in RESORT VEHICLES, for any purpose (hereinafter the “ACTIVITY”) can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH.
2. The Undersigned represent that Participant has the physical and emotional ability to participate in the ACTIVITY and agree and understand that ANY OR ALL OF THE VARIOUS ACTIVITY(IES), require physical exertion, can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH which could occur including the risks of being STRUCK BY AN ARROW, inexperienced or careless shooters, equipment failures, negligent acts or omissions by other shooters, loading, riding and unloading the aerial lifts, changing weather conditions, loose gravel and dirt, rocks, uneven terrain, collisions with natural, man-made and other objects or persons, climbing stairs, dangers from flying objects whether man-made or natural from other participants or yourself, and all of the other risks that are included in participation in the sport of archery and other related various outdoor activities in a mountain environment INCLUDING BUT NOT LIMITED TO THE FOLLOWING UNDERSTANDING:
I understand that this ACTIVITY includes hazards and risks and that these risks include, but are not limited to: sharp arrows being shot in the area, careless or inexperienced shooters, negligent acts or omissions by other shooters, equipment failure, improper use of equipment, existing and changing trail conditions, rocks of various sizes, rugged mountainous terrain, collisions with natural or man-made objects, varying slopes, uneven and/or slippery trail conditions, varying weather and surface conditions, variations in terrain, bumps, stumps, forest growth, trees, erosion, loose dirt and gravel, wet surfaces, holes and potholes, downed timber, debris, bikes and vehicles, paved and unpaved surfaces, soft shoulders, lightning, strenuous activity, dehydration, high altitude, becoming lost or separated, driving to and from the ACTIVITY site. Participant assumes the responsibility of and certifies that they are familiar with the rules of safe archery equipment handling and use. Participant is responsible for reading, understanding and complying with all signage, including instructions on use of lifts. Participant must have the physical dexterity and knowledge to safely load, ride and unload the lifts. Further, the Undersigned understand that a MINOR Participant may use the ski lifts WITHOUT AN ADULT present. The Undersigned are advised that vehicles, structures and other equipment may be encountered at any time, and the Undersigned recognize that falls and collisions occur and injuries are a common and ordinary occurrence of the ACTIVITY.
3. Participant is responsible for reading, understanding and complying with all signage and direction from event officials. The Undersigned are advised that vehicles, structures, other participants and other equipment may be encountered at any time. Participant represents that he/she is sufficiently fit, healthy, skilled and physically trained to participate in the Activity. Undersigned UNDERSTAND and AGREE that Undersigned is responsible for obtaining LIFE, ACCIDENT and HEALTH INSURANCE BEFORE PARTICIPATING in the Activity.
4. The Undersigned acknowledge and understand that the description of the risks listed above are not complete and that participating in the Activity, whether or not described, may be dangerous and may also include risks which are inherent and/or which cannot be reasonably avoided without changing the nature of the Activity. By signing this document, the Undersigned recognize that property loss, injury, serious injury and death are ALL POSSIBLE while participating in the Activity. The UNDERSIGNED AGREES THEY WILL NOT consume ALCOHOL OR DRUGS OF ANY KIND before, during or after the Activity and that DOING SO WOULD GREATLY INCREASE THE RISK OF INJURY OR DEATH.
5. The Undersigned understand that the Participant has the opportunity to inspect the training course and/or competition course prior to participating in the Activity and that Undersigned assumes the risk of all course conditions, including but not limited to course construction or layout and obstacles, the actions or inactions of other participants; the actions or inactions of spectators or other pedestrians; and/or the acts, inactions, or negligence of the Released Party identified in Paragraph 7 below. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
6. In consideration for allowing the PARTICIPANT to participate in the ACTIVITY THE UNDERSIGNED AGREE TO HOLD HARMLESS, RELEASE, DEFEND AND INDEMNIFY/REIMBURSE The United States Forest Service, Purgatory Recreation I dba Purgatory Resort, of #1 Skier Place Durango, Colorado 81301, Gelande Land Company, LLC, Purgatory Village Land, LLC, Purgatory Village Holdings, LLC, Durango Mountain Land Company, LLC, Durango Mountain Holdings, LLC and Purgatory Lodge Land II, LLC, their affiliated organizations and companies, and each of their respective insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “RELEASED PARTY”) FOR ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from the PARTICIPANT’S participation in the ACTIVITY, including those claims based on any RELEASED PARTY’S alleged or actual NEGLIGENCE or BREACH OF any express or implied WARRANTY or any STATUTE.
7. THE UNDERSIGNED take full responsibility for any injury or loss to PARTICIPANT, including death, which PARTICIPANT may suffer, arising in whole or in part out of the ACTIVITY. By signing this release, THE UNDERSIGNED AGREE NOT TO SUE any RELEASED PARTY and agree they are releasing any right to make a claim or file a lawsuit against any RELEASED PARTY. THE UNDERSIGNED further AGREE TO DEFEND AND INDEMNIFY/REIMBURSE each RELEASED PARTY for any and all claims of THE UNDERSIGNED and/or a THIRD PARTY arising in whole or in part from the PARTICIPANT’S participation in the ACTIVITY. THE UNDERSIGNED agree to pay all costs and attorney’s fees incurred by any RELEASED PARTY in defending a claim or suit brought by or on behalf of THE UNDERSIGNED.
8. THE UNDERSIGNED authorize 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. Further, THE UNDERSIGNED agree to pay all costs associated with such medical care and related transportation provided for the PARTICIPANT and shall indemnify and hold harmless the RELEASED PARTY from any costs incurred therein, or any claims arising therefrom.
9. In the case of a minor PARTICIPANT, the undersigned parent or legal guardian acknowledges that he/she is also signing this release on behalf of the minor PARTICIPANT and that the minor PARTICIPANT shall be bound by all the terms of this release. Additionally, by signing this release as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is waiving certain rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that but for the foregoing, the minor PARTICIPANT would not be permitted to participate in the ACTIVITY.
10. By signing this release without a parent or guardian’s signature, the PARTICIPANT represents that he/she is at least 18 years of age, or, if signing as the parent or guardian of the PARTICIPANT, Undersigned represents that you are the legal parent or guardian of the minor PARTICIPANT.
11. The Undersigned understand and acknowledge that this Agreement IS A CONTRACT and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the Undersigned’s intent that this Agreement shall be BINDING upon UNDERSIGNED, the assignees, subrogors, heirs, next of kin, executors and personal representatives of the Undersigned, AND THE MINOR FOR WHOM SIGNING.
12. The undersigned gives FULL PERMISSION for Resort to use ANY AUDIO OR VISUAL MATERIALS of myself or said Minor(s) taken at the resort, and by signing below, Undersigned is releasing the use of any audio or visual materials taken, or on file, for any uses by Resort. It is agreed that all said images and sound recordings shall constitute the property of Resort, solely and completely.
13. 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. This release shall also be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of THE UNDERSIGNED.
THIS IS A CONTRACT. DON’T SIGN IT IF YOU DON’T UNDERSTAND IT. IT IS A FULL RELEASE, WHICH MEANS YOU CAN’T SUE IF HURT. IT IS AN INDEMNITY CONTRACT, WHICH MEANS IF YOU BREAK THIS CONTRACT AND SUE, YOU WOULD HAVE TO PAY THE RESORT’S ATTORNEYS FEES AND COSTS AS WELL AS ALL OTHER MONEY EXPENSES.
I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT OTHERWISE MAY EXIST, INCLUDING THOSE OF ANY MINOR FOR WHOM I AM SIGNING.
Mountain Archery Fest WAIVER AND RELEASE OF LIABILITY
READ BEFORE SIGNING
In consideration of being allowed to participate in any way in Mountain Archery Fest events and activities, the undersigned acknowledges, appreciates, and agrees that:
1) The risk of injury from archery and other known and unknown events and activities and/or the use of the related buildings, structures, equipment, roads, bodies of water, land and all other real and personal property whether owned by Mountain Archery Fest or others is significant, including the potential for permanent paralysis and death, and while particular rules, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and,
2) I acknowledge and agree that the use of archery equipment, and other weapons by myself or others on club premises or otherwise are inherently dangerous and high-risk activities whether such archery equipment are discharged by myself or others; and
3) I understand that the use of broadheads is strictly prohibited; and
4) I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
5) I willingly agree to comply with the stated and customary terms and conditions for participation. I understand that although not required, wearing of masks is highly encouraged. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately; and,
6) I am aware that cameras are placed randomly on all courses and throughout the event venue and that videography will be taking place during event hours. I understand that pictures and videos obtained by MAF and its partners, maybe used for MAF media purposes but will not be sold to or shared with third parties; and
7) I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Mountain Archery Fest its officers, directors, officials, agents, employees, volunteers, members, guests, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of real property and personal property used to conduct the events and activities (“RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF PARTICIPATION)
This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child’s involvement or participation in these events and activities and/or the use of related real and personal property as provided above, EVEN IF ARISING FROM THEIR NEGLIGENCE.
Electronic Signature: Each party agrees that this Agreement and any other documents to be delivered in connection herewith may be electronically signed, and that any electronic signatures appearing on this Agreement or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release and waive any and all rights, claims, and actions for damages that we, our heirs, executors, administrators, and assigns may have, or that may hereafter accrue against any and all persons, organizations, and other entities associated with the event, including, but not limited to Stride Events, sponsors, affiliates, volunteers, MAF - Purgatory, and individual MAF - Purgatory organizers, arising out of or in connection with my involvement before, during, or after the event.
I verify that I am physically fit and sufficiently trained to participate in this event and I assume the risks involved in this activity. I further attest that I will be mindful of hazards around the event, and hold said sponsors and organizers blameless in any harm that may happen.
I also acknowledge understanding that the charge to my card will show up as Stride Events I acknowledge that the online processing fees and charitable donations are non-refundable. I also acknowledge that any charitable donations will have 4.97% withheld from the donation to pay credit card and administrative costs.
Stride Events shall not be liable to you for any direct, indirect, special, incidental, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible loses. Stride Events does not guarantee the completeness or accuracy of any information contained in, or provided in conjunction with the http://www.strideevents.com website. Stride Events is not responsible for any omissions or inaccuracies, or for the results obtained from this information.
Stride Events facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.
You agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Stride Events relating to this Agreement and Waiver resides in the courts of Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Utah in conjunction with any such dispute including any claim involving Stride Events .