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In consideration for the City of Woodland Park and any of its employees, officers, or agents (collectively the “City”) permitting me and/or my child to participate in a program or activity led or facilitated by the City and/or to use City facilities or equipment, I hereby knowingly and voluntarily agree to execute this Release.
I. RELEASE OF LIABILITY, WAIVER OF CLAIMS. I waive any claims and release the City from any liability for any injury, death, illness, loss, damage, expense, action, claim, and liability arising out of my participation in any City program or activity and my use of any City facilities or equipment.
I agree to release and discharge the City from liability for any injury, death, illness, loss, damage, expense, action, claim, and liability, whether known or unknown, apparent or unanticipated, to me or to any third party, related to or arising from: (1) my use of any City facilities or equipment; (2) my participation in or observation of any programs or activities led or facilitated by the City; (3) my interaction with any employee, officer, or agent of the City; or (4) my placement in the care, custody, or control of the City. This Release is intended to release and discharge the City from any and all losses, damages, expenses, actions, claims, and liabilities of any nature whatsoever, such as those arising from or related to the negligence of, or the breach of any duty owed by, the City.
II. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK. I acknowledge and assume the risk of injury, illness, and death associated with my participation in any City program or activity and my use of any City facilities or equipment.
I acknowledge and understand that there are significant risks, both apparent and unanticipated, inherent in my participation in any City program or activity and in my use of any City facilities or equipment. Such risks include, but are not limited to: injuries arising from my falling; my being struck by falling individuals or objects; slick or uneven surfaces; fatigue; dehydration; failure of any part of a facility or equipment; head injuries; injured, sprained, or broken bones; connective tissue or other overuse injuries; respiratory illness, including but not limited to Covid-19; and injury due to the negligence of myself, the City, and any other third party. I understand that the hazards and risks described above are examples only, and that there are numerous other known and unknown risks inherent in my participation in any City program or activity and in my use of any City facilities or equipment. I agree to assume any and all such risks.
III. INDEMNIFICATION, COVENANT NOT TO SUE. I agree to indemnify, hold harmless, and defend the City. I agree not to sue the City.
I agree to indemnify, hold harmless, and defend the City from and against any loss, damage, liability, claim, and expense, including costs and attorneys’ fees, incurred by any of the City as a result of my participation in any City program or activity and in my use of any City facilities or equipment. I further understand and agree that this Release prohibits me, along with my heirs, assigns, and personal representatives, from filing any lawsuit against the City for any of the reasons identified in this Release, now or in the future, and from recovering any losses, damages, or expenses against the City.
IV. MISCELLANEOUS. I further agree to the following provisions.
Preparedness. I confirm that I am sufficiently healthy, fit, and competent to participate in this City program or activity or use this City facility or equipment, that I have read and understand the rules and policies related to such program, activity, facility, or equipment, and that all of my questions about the same have been answered.
Use of Likeness. I consent to being photographed and videotaped during my participation in this City program or activity and during my use of this City facility or equipment, and that these photographs and videos may be used in marketing or promotional materials.
Emergencies. I authorize the City to provide and/or consent to emergency medical or surgical examination and treatment in the event of any injury or illness occurring to me while participating in this City program or activity or while using this City facility or equipment.
Integration. I understand and agree that this Release incorporates the entire understanding of the agreement between me and the City, and that it cannot be modified or changed in any way by statements, promises, or representations of the City.
Choice of Law. I agree that any and all claims regarding an alleged incident shall be governed by Colorado law and exclusive jurisdiction shall be in Teller County.
Severability. If any portion of this Release is held invalid or unenforceable, the remaining provisions shall continue in full legal force and effect.
PLEASE READ THIS DOCUMENT IN FULL BEFORE SIGNING
My signature below indicates that I have read this Release in its entirety, that I understand it completely and that it affects my legal rights, and that I, along with my heirs, assigns, and personal representatives, agree to be bound by its terms. By signing this Release, I certify that I am at least 18 years of age and that, if the participant is under 18 years of age, I am the parent or legal guardian of said participant and I agree to the terms of this Release on his or her behalf
(Parent or legal guardian if under age 18)
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