Durango Trails Waiver and Release of Liability
Participant Agreement, Release, and Assumption of Risk
In consideration for the rights and privileges associated with participation in Durango Trails RX facilitated by Durango Trails (“the Activity”), the undersigned (“Participant”) acknowledges and agrees to release, indemnify, and hold harmless Durango Trails, its employees, agents, representatives, directors, officers, volunteers, affiliates, successors and assigns (hereinafter collectively referred to as Durango Trails) as follows:
1. Participant accepts and understands that there are many inherent dangers and risks associated with participating in the Activity, and that it is impossible to delineate each and every possible risk, but these may include, but are not limited to physical injury, exhaustion, dehydration, death, or property damage, whether by the result of man-made or natural phenomena. Releasor understands that risks may be caused by many factors. It is impossible to delineate every possible factor, but these may include but are not limited to uneven, slick, or irregular surface conditions, high elevation, heat, cold, wet conditions, marked and unmarked obstacles, rugged mountainous terrain, varying weather and visibility conditions, contact with other participants on foot, bike, animal or other means, as well as contact with dangerous wildlife, and the use of or contact with equipment. Equipment, if any, can break, fail or malfunction during use.
2. Participant realizes that injuries are a common and ordinary occurrence in outdoor recreation, and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to him/her, to property, or to third parties. Participant understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
3. Participant expressly agrees to knowingly and voluntarily accept and assume all of the risks of bodily injury, death or property damage that may occur as a result of participation in the Activity. Participation in the Activity is purely voluntary, and Participant elect to participate in spite of the risks.
4. Participant hereby voluntarily releases, forever discharges and agrees to indemnify and hold harmless Durango Trails from any and all claims, demands, injury, loss or causes of action of any kind for injury, death or damage to person or property, which are in any way connected with my participation in the Activity, including without limitation any such claims which may allege negligent acts or omissions of Durango Trails.
5. Participant agrees to conduct his/herself and those under his/her control so as not to endanger Participant or others.
6. Participant represents that the participant does not have any medical conditions which would endanger Participant or others or would interfere with Participant’s ability to participate in the Activity.
7. Participant understands that the Activity is being conducted during the time of a pandemic commonly known as Covid-19. Even with measures in place to mitigate risk such as masks, social distance and hand cleaning, Participant may contract or be exposed to Covid-19 while participating in the Activity, which could result in illness and/or death.
By participating in the Activity, Participant agrees to assume the risk associated with exposure to Covid-19, and the provisions stated herein as to release of liability, indemnification and hold harmless shall apply equally to Covid-19 related illness or death as it does for other injuries identified herein. Participant agrees that Participant will not
participate in the Activity if Participant feels ill, has a fever, loss of taste or smell, or has known or suspected exposure to a person with Covid-19 until the symptoms have passed, and until Participant has tested negative for Covid-19 if a test has been conducted.
8. Should Durango Trails and/or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, Participant agrees to indemnify and hold them harmless for all such fees and costs.
9. Participant certifies that he/she has adequate insurance to cover any injury or damage he/she may cause or suffer while participating, or else agrees to bear the costs of such injury or damage. Participant further certifies that he/she is willing to assume the risk of any medical or physical condition Participant may have.
10. In the event of any asserted claim, Durango Trails shall provide Participant reasonably timely written notice of same, and thereafter the Participant shall at its own expense defend, protect and hold harmless Indemnities against said claim or any loss or liability arising thereunder. In the further event the Participant shall fail to so defend and/or indemnify and save harmless, then in such instance Durango Trails shall have full rights to defend, pay or settle said claim on their behalf without notice to undersigned and with full rights to recourse against the Participant or all fees, including attorney’s fees, costs, expenses, judgments, and payments made or agreed to be paid to discharge said claim.
11. Participant expressly agrees that this waiver, release, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of Colorado, and that if any portion thereof is held invalid, it is agreed that the balance shall notwithstanding, continue in full legal force and effect.
12. This agreement shall be unlimited as to amount and duration.
13. This Participant Agreement and Release of Liability shall be binding upon Participant’s assignees, heirs, next of kin, executors, personal representatives and administrators and may be pled by the Durango Trails as a complete bar and defense against any claim, demand, action or cause of action by or on behalf of the Participant.
14. In the event this Participation Agreement, Release and Assumption of Risk involve a participant under the age of 18 years old it must be signed by a parent or legal guardian of such participant. Such signor, on behalf of him/her also agrees to release Durango Trails from any and all claims that he/she might otherwise possess and further agrees to defend and indemnify Durango Trails for all claims asserted by or on behalf of or otherwise arising from injury or death to the participant.
15. Participant contractually agrees that any and all disputes between himself/herself and Durango Trails, its Board of Directors, its committee members, and other associated persons, and all other persons or entities acting in any capacity on their behalf from his/her participation in the Activity, including any claims for personal injury and/or death, will be governed by the laws of the State of Colorado and exclusive jurisdiction thereof will be in the State court residing in the city of Durango, Colorado, and County of La Plata, Colorado.
I have had sufficient opportunity to read this entire Participant Agreement, and Release of Liability and understand its contents and sign it with full knowledge of its significance.