In consideration for being able to participate in Day Event Activities ("DEAs") at IdRaHaJe , and for other good and valuable consideration the receipt of which is hereby acknowledged, I, the undersigned, hereby acknowledge and agree to this Assumption of Risk, Waiver, and Release of Liability (“Release”). I UNDERSTAND THAT THIS RELEASE AFFECTS MY LEGAL RIGHTS TO THE EXTENT I DID NOT UNDERSTAND ANY PORTION OF THIS AGREEMENT, I SOUGHT INDEPENDENT LEGAL COUNSEL TO EXPLAIN THOSE PROVISIONS TO ME. I FREELY, VOLUNTARILY, AND WITH FULL UNDERSTANDING AGREE TO AND SIGN THIS RELEASE.
Name and Likeness Release:
I hereby grant permission to Camp Id-Ra-Ha-Je Association, its owners, officers, directors, affiliates, successors, employees, independent contractors, organizers, volunteers, agents, and assigns (“IdRaHaJe”) to utilize my name, voice, and likeness (including, but not limited to, photographs and any video/audio recording of my appearance in a DEA) in any and all manner and media, including social media, now known or hereafter developed, throughout the universe in perpetuity without limitation and without additional compensation or consideration, notification, or permission, unless prohibited by applicable law. I hereby waive any right that I may have to inspect or approve any finished product (including, but not limited to, any brochures, videos, slide shows, web sites, and/or other materials) or any advertising copy that may be used in connection therewith or the use to which it is applied. I hereby warrant that I have the right to make this release and that my granting this waiver and release and the rights conveyed thereby will not infringe upon the rights of any third party. I hereby assign all rights, title, and interest I may have in any and all media now known or hereafter developed in which any or all of my appearance, name, voice, and/or likeness have been captured in connection with DEAs to IdRaHaJe, along with full rights of assignability. I understand and agree that any photographs and/or video/audio recordings I make while engaging in DEAs shall be used solely for my and his/her/their private, non-commercial use, and that absolutely no sale, transmission, distribution, or commercial use of any such photographs and/or video/audio recordings or descriptions are permitted.
I accept and assume any and all risks associated with my attendance and participation in DEAs. I have consulted with a physician about these risks and understand that I should not engage in DEAs if I am not in a healthy condition. Furthermore, I do hereby verify that I, to the best of my knowledge, am free from contagious diseases, fully immunized, and able to participate in DEAs. Therefore, I hereby confirm that I: (i) have no psychiatric, medical, and/or physical condition or history which would prevent me from participating in DEAs and/or endanger myself or others participating in DEAs; (ii) have not been instructed by any physician to refrain from participating in DEAs; and (iii) am physically fit and able to participate in DEAs.
In connection with any injury I may sustain or illness or other medical conditions I may experience during my participation in DEAs, I authorize any emergency first aid, medication, medical treatment, or surgery deemed necessary by the attending medical personnel if I am not able to act on my own behalf. I further hereby grant IdRaHaJe permission to administer immediate treatment and/or take me to a hospital emergency room via ambulance/emergency vehicle. I further authorize the attending medical personnel to execute on my behalf any permission forms, consents, or other appropriate documents relating to medical attention. I agree to assume all liability for any expenses incurred in such an emergency (transportation, hospitalization, x-rays, etc.). Further, I waive and release IdRaHaJe from any and all liability for personal injuries, illness, loss, or damage to property.
Policies and Rules:
I understand and agree that I must abide by the policies, rules, and the instructions of IdRaHaJe, the organizers, employees, staff, counselors, and volunteers at all times, and that my failure to do so may result in immediate dismissal from the premises. Some of these policies, rules, and instructions are written and some are at the sole discretion of IdRaHaJe, DEA organizers, employees, staff, counselors, and volunteers; however, it is understood that all policies, rules, and instructions are in place to ensure the overall safety of DEAs and each of its participants.
Furthermore, if I fail to act in an appropriate manner, intentionally harm another participant, exhibit signs of illness, or violate any policy or rule, I may be asked to leave and will have to do so. I acknowledge and agree that no part of the fees paid will be refunded to me should I be asked to leave. I also understand and agree that no reduction or proration in the payments and fees will be made for late arrivals, early departures, vacations, illness, or injury.
Assumption of Risk:
I understand that in association with DEAs I will be engaging in activities [MANY OF WHICH ARE DESCRIBED IN GREATER DETAIL IN THE FOLLOWING SECTION "POTENTIAL DAY EVENT ACTIVITIES"] that may involve the risk of serious personal injury, illness, permanent disability, dismemberment, and death, and that also involve the risk of severe economic loss, loss of personally identifiable information and/or personal health information, and property loss and damage. I understand that these risks may result from the actions, negligence, and failure to act of myself and others (including, but not limited to, other participants in DEAs, and/or IdRaHaJe) and the condition of any real or personal property, facilities, or equipment used during DEAs. I also understand that there may be risks involved in any and all activities which I may participate in which are not known to me or IdRaHaJe and may not be foreseen or reasonably foreseeable by any of the foregoing entities or persons at this time or at the time of the DEAs. I further acknowledge, understand, and accept that DEAs are outdoors and the mere involvement with DEAs, regardless of whether I participate(s) in activities or not, or whether I am indoors or outdoors while engaging in DEAs, has risks of serious illness, injury, or in rare cases death, which include without limitation exposure to the elements, sun, wind, rain, soils, trees, plants and other vegetation, viruses, bacteria, parasites, insects, birds, and animals. Some people are also susceptible to altitude sickness, also known as acute mountain sickness (AMS), which is a pathological effect of high altitude on humans which could result in serious illness or in rare cases death, caused by acute exposure to low partial pressure of oxygen at high altitude.
These activities and associated risks may include transportation via motorized vehicle (shuttle, coach, van, and/or school bus) to and from DEAs.
In consideration for me being permitted to participate in DEAs, I assume all of the foregoing risks, including, but without limitation, the risk of any negligence by other DEA participants, by IdRaHaJe or any of its respective owners, partners, directors, officers, employees, agents, or independent contractors, and the risk of injury caused by the condition of any real or personal property, facilities, or equipment used during DEAs, and the risk of loss of personally identifiable information and/or personal health information, and accept personal responsibility for any injury (including, but not limited to, personal injury, disability, dismemberment, and death), illness, damage, loss (including, but not limited to, loss of personally identifiable information and/or personal health information, and any damage or expense arising from that loss), claim, liability, or expense (including reasonable attorneys’ and professionals’ fees), of any kind or nature, that I may suffer arising out of or in any way connected with DEAs or my participation or involvement with DEAs.
I understand that I am fully responsible for complying with all of the rules and regulations of the DEAs and any motorized vehicle service, and that IdRaHaJe reserves the right to cancel my participation in DEAs or motorized vehicle service at any time.
I further understand that while IdRaHaJe makes an effort to minimize lost items while participants are engaged in DEAs, IdRaHaJe is not responsible for any of my person property.
I also agree that no general or limited partner, shareholder, director, officer, member, beneficiary, trustee, manager, other controlling person, investor, employee, attorney, agent, or independent contractor of IdRaHaJe (each an “Exculpated Person”) shall be personally liable for any obligation or liability in connection with DEAs.
Descriptions of Day Event Activities:
By signing below, I, the undersigned, acknowledge that I have read and understand these descriptions, that this list of descriptions and the descriptions themselves are not exhaustive, and that there may be other activities that I may engage in, which are not included here, but which may have the same or greater risk then those set forth below.
RAFTING, KAYAKING, SAILING, CANOEING, SWIMMING, WATER SPORTS. Rafting, kayaking, sailing, canoeing, swimming and water sports are HAZARDOUS activities. They involve risks that may cause serious injury and in rare cases death, including without limitation choice of boating course, carrying boats and other equipment, accidents or illness in remote places, changing weather and water conditions, lightning, hidden and underwater rocks and other obstacles, changing and unpredictable currents, drowning, hypothermia, exposure to the elements, overturning, entrapment of body parts, contact with obstacles or other persons participating in the same or similar activities, negligence or misconduct of such persons, slipping and falling, and equipment failure.
CAMPING, HIKING, BACKPACKING, and FISHING. Camping, hiking, backpacking, and fishing are HAZARDOUS activities. They involve risks that may cause serious injury and in rare cases death, including without limitation exposure to the elements, lightning, hypothermia, changing weather conditions, possibility of becoming lost or disoriented, drowning, wildlife encounters, dangers caused by other persons engaged in similar activities and the negligence of such persons, misuse or careless use of equipment, equipment failure, slippery, uneven and unstable footing, hitting rocks or other objects and the possible occurrence of landslides and flooding.
ROCK CLIMBING, BOULDERING, RAPPELLING, and ROPES COURSE. Rock climbing and ropes course are HAZARDOUS activities. They involve risks that may cause serious injury and in rare cases death, including without limitation failure of equipment and/or rope failure, slipping and falling, exposure to changing and dangerous weather conditions, lightning, uncertain, slippery and unstable surfaces for footing and hand holds, dangers caused by other persons engaged in similar activities, misuse or careless use of equipment, improper use of equipment, the possible occurrence of landslides and falling stones and other objects. Rock Climbing and Ropes Course also involve strenuous physical activity that may be hazardous to some people due to their physical condition and the high altitude at which the climbing occurs.
ROAD BIKING. Road biking is a HAZARDOUS activity. It involves risks that may cause serious injury and in rare cases death, including without limitation uneven and/or slippery road conditions, narrow roads, variations in terrain, bumps, loose gravel and dirt, wet surfaces, holes and potholes, debris, equipment failure, including sudden flat tires, encountering vehicles, animals, pedestrians and other cyclists, negligence or reckless conduct of drivers or others and exposure to the elements including rain, wind and lightning.
MOUNTAIN BIKING. MOUNTAIN BIKING IS A HAZARDOUS ACTIVITY WHICH CAN RESULT IN SERIOUS INJURY OR DEATH. Mountain biking is different than road biking, and may be more dangerous than road biking in that it is done on partially improved and unimproved trails and roads, as well as on naturally rugged terrain. Mountain biking involves risks, including without limitation equipment failure, rocks of various sizes, trees, roots, tree stumps, logs, cliffs, rock drops, holes and potholes, depressions, streams and creeks, dirt and other constructed features such as bridges, ramps, ladders, bumps, berms, jumps and drops, wall rides, elevated stunts, uneven and/or slippery trail conditions, varying slopes, variations in terrain, forest growth, wildlife encounters, loose gravel and dirt, wet surfaces, downed timber, debris, other riders, hikers and vehicles and the possibility of becoming lost or disoriented. Trail conditions and features may change quickly due to weather, use and other factors.
HUMAN FOOSBALL, INFLATABLES, ARCHERY TAG, ARCHERY, RIFLERY, and SLINGSHOTS. Human foosball, inflatables, archery tag, and shooting sports such as archery, riflery and slingshots are HAZARDOUS activities that involve risks that may cause serious injury and in rare cases death, including without limitation, intense physical contact with others, dangers caused by other persons engaged in similar activities and the negligence of such persons, misuse or careless use of equipment, and equipment failure.
HORSE-RELATED ACTIVITIES. Horse-related activities, including without limitation Trail Rides, Arena Rides, and Hayrides, are HAZARDOUS activities because of the unpredictable nature and irrational behavior of horses, regardless of their training and past performance. A horse may, without warning or any apparent cause, buck, stumble, fall, rear, bite, kick, run, make unpredictable movements, spook, jump obstacles, step on a person’s feet, push or shove a person, and saddles or bridles may loosen or break, all of which may cause the rider to fall or be jolted, resulting in serious injury or in rare cases death.
Liability Release and Indemnity Agreement:
I hereby release and forever discharge and agree to indemnify and save and hold harmless IdRaHaJe, facility partners, the City of Bailey, Colorado, and each of their respective parents and affiliated and subsidiary companies, as well as all associated or affiliated officials or insurance carriers, and other participants in the Day Event Activities (each such entity or individual hereinafter being referred to as a “Released Party”), of and from any and all injuries (including personal injury, disability, dismemberment, and death), illness losses, information or data losses, damages, claims, liabilities, or expenses of any kind or nature (whether accruing to me, my heirs, my personal representatives, or any other third party) that are caused or alleged to be caused in whole or in part by the action, negligence, or failure to act by any Released Party or condition of any real or personal property, facility, software, or equipment of any Released Party, and that arise out of or are in any way connected with any aspect of DEAs or my participation, attendance, or transportation as it relates to DEAs.
I acknowledge that, in the event of any breach by IdRaHaJe, or any third party, the damage, if any, caused me thereby will not be irreparable or otherwise sufficient to entitle me to seek injunctive or other equitable relief, and I will be strictly limited to the right, if any, to recover damages through arbitration as set forth below. I agree that under no circumstances will Idrahaje’s total liability, whether arising in tort (including negligence), contract, or otherwise, exceed the lesser of (a) direct damages actually incurred, or (b) the aggregate fee actually paid by me to IdRaHaJe in the twelve (12) months prior to the incident giving rise to liability. I will not have the right to rescind or terminate this waiver and release of any of Idrahaje’s rights hereunder, or the right to enjoin the production, exhibition, or other use of my name, voice, and likeness, or any subsidiary or allied rights with respect thereto.
Severability of Provisions:
I have carefully read the entirety of this waiver and release and agree to all its terms and conditions and agree that I shall be bound hereby. I agree that the foregoing terms and conditions are intended to be as broad and inclusive as is permitted by law, and any terms and conditions set forth herein found by a court to be void or unenforceable shall not affect the validity or enforceability of any other terms and conditions. This waiver and release will inure to the benefit of and will be binding upon Idrahaje’s and my respective affiliates, successors, licensees, assigns, heirs, and representatives.
I acknowledge that any dispute, controversy, or claim arising out of or relating to DEAs, including, without limitation, any dispute concerning the construction, validity, interpretation, performance, enforceability, or breach of this Release, shall be exclusively resolved through binding arbitration administered by the American Arbitration Association (AAA) in Colorado. This waiver shall be interpreted, enforced, and governed by the substantive laws of Colorado without regard to the conflict of law rules applied in such jurisdiction, and the decision of the arbitrator shall be confirmed in a court of competent jurisdiction. The arbitrator shall allow limited pre-arbitration discovery, and shall issue a written decision following a hearing. Each party waives its right to trial in court by a judge or jury, and waives any right to appeal. The arbitrator’s decision shall be final and binding. In the event either party fails to proceed with arbitration, attempts to challenge the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to all costs including reasonable attorneys’ fees for having to compel arbitration or defend or enforce the award.
I have carefully read the entirety of this Release and agree to all its terms and conditions. Knowing all of these facts and in consideration for IdRaHaJe accepting my enrollment form/online registration and for being allowed to participate in DEAs, I hereby agree that neither IdRaHaJe nor any other Released Party are responsible for accidents, injuries, losses, and/or medical or dental expenses arising from my participation in DEAs and, accordingly, I covenant not to file suit against or otherwise sue IdRaHaJe, and I waive, release, indemnify, and discharge IdRaHaJe and all other Released Parties from any and all claims of liability or expenses of any kind or nature whatsoever arising out of or relating to my participation in DEAs.