RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS & INDEMNITY AGREEMENT
WARNING: PLEASE READ CAREFULLY BEFORE SIGNING!
THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS
INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
BY REGISTERING PARTICIPANT (AS DEFINED BELOW) AS AN EVENT PARTICIPANT THROUGH THE EVENT WEBSITE, PARTICIPANT (AND A MINOR PARTICIPANT’S PARENT OR LEGAL GUARDIAN) HAVE ELECTRONICALLY SIGNED THIS PARTICIPANT ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT (THIS “RELEASE”), AND ARE BOUND HEREBY.
In consideration of and as a condition to YouthPower365 (“YP365”) allowing Participant to participate in any activities related to the 2021 EagleVail Turkey Trot (the “Event,” together with all related activities, the “Activities”), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Participant (and a minor Participant’s parent or legal guardian) hereby agrees as follows.
- “PARTICIPANT” MEANS AN INDIVIDUAL PARTICIPATING IN THE EVENT IN ANY MANNER (WHETHER AS AN ATHLETIC PARTICIPANT, OR AS A VOLUNTEER, VENDOR OR STAFF MEMBER, OR IN THE PREPARATION, OPERATION, TEAR-DOWN AND OR VIEWING OF THE EVENT, OR OTHERWISE, AND WHETHER IN-PERSON, VIRTUAL OR OTHERWISE). WHERE A PARTICIPANT IS UNDER THE AGE OF 18, THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN MAKES THE REPRESENTATIONS AND AGREEMENTS SET FORTH BELOW IN THIS PARTICIPANT ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT (THIS “RELEASE”).
- PARTICIPANT UNDERSTANDS AND AGREES THAT THE ACTIVITIES (WHICH MAY INCLUDE, WITHOUT LIMITATION, THE SPORTS OF AND ACTIVITIES RELATED TO ROAD AND TRAIL RUNNING FOR ANY PURPOSE, CAN BE HAZARDOUS, AND INVOLVE KNOWN RISKS AND UNANTICIPATED RISKS WHICH COULD RESULT IN BODILY INJURY, ILLNESS, DEATH, PARALYSIS, DAMAGE OR LOSSTO PARTICIPANT, PARTICIPANT’S PROPERTY, AND TO OTHER THIRD PARTIES AND THEIR PROPERTY, WHICH MAY BE CAUSED BY, WITHOUT LIMITATION, PARTICIPANT’S OWN ACTIONS OR INACTIONS, THOSE OF OTHERS PARTICIPATING IN THE ACTIVITIES, THE LOCATIONS, AREAS, PLACES, BUILDINGS AND/OR STRUCTURES AT, ON OR IN WHICH THE ACTIVITIES TAKE PLACE, THE CONDITIONS IN WHICH THE ACTIVITIES TAKE PLACE, COMMUNICABLE DISEASES (AS DEFINED BELOW) INCLUDING, WITHOUT LIMITATION, COVID-19), OR THE NEGLIGENCE OR MISCONDUCT OF ANY OF THE “RELEASED PARTIES” (AS DEFINED BELOW); AND PARTICIPANT EXPRESSLY AND FULLY ACCEPTS AND ASSUMES ALL RISKS ASSOCIATED WITH THE ACTIVITIES, AND THE RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES PARTICIPANT OR ANY THIRD PARTIES INCUR AS A RESULT OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES. PARTICIPANT REPRESENTS THAT PARTICIPANT UNDERSTANDS THE NATURE OF THE ACTIVITIES, IS PARTICIPATING IN THE ACTIVITIES VOLUNTARILY, AND IS IN GOOD HEALTH, PHYSICALLY FIT AND OTHERWISE PREPARED AND ABLE TO PARTICIPATE IN THE ACTIVITIES. PARTICIPANT ACCEPTS SOLE RESPONSIBILITY FOR THE CONDITION AND ADEQUACY OF THE PARTICIPANT’S EQUIPMENT, ANY EQUIPMENT PROVIDED FOR PARTICIPANT’S USE, AND PARTICIPANT’S CONDUCT IN CONNECTION WITH THE ACTIVITIES.
- Participant further agrees and understand that risks associated with the Activities, include, but are not limited to: equipment malfunction, including but not limited to, loss of braking or handling; collisions; exposure; hypothermia; extreme endurance fatigue; varying weather and surface conditions; slick or uneven surface conditions; variations in slope and terrain; rugged mountainous terrain; rocks of various sizes; loose gravel; dirt and paved surfaces; holes and potholes; debris; trail and path configuration; marked and unmarked obstacles; high speed; high altitude; strenuous activity; encountering wildlife and wild animals; sharing facilities and Event courses with people directly involved and/or not directly involved in the Event, and following the directions of Event personnel. Participant understands and acknowledges: (a) equipment and vehicle traffic may be encountered at any time; and (b) falls and collisions, and injuries are a common and ordinary occurrence of the Activities. Participant agrees and understands that PARTICIPANT HAS THE OPPORTUNITY TO INSPECT THE EVENT COURSES AND VENUES PRIOR TO PARTICIPATING in the Event and that PARTICIPANT ASSUMES THE RISK OF ALL COURSE, VENUE AND EVENT CONDITIONS, including but not limited to, risks associated with design, construction, layout and/or obstacles.
- The Participant acknowledges and understands that the description of the risks listed above is 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.
- Participant understands and will comply with all rules and regulations of participation in the Event, including, without limitation, any health-related requirements. Participant is responsible for reading, understanding and complying with all Event signage. Participant will comply with all verbal directions of Event personnel. Failure to comply with any such rules, regulations, signage and directions may result in denial of access to the Event premises, dismissal or disqualification from the Event, and removal from the Event premises.
- WARNING; COVID-19 and Other Infectious and/or Communicable Diseases, Viruses, Bacteria or Illnesses: COVID-19 is an extremely contagious disease that can lead to severe illness and death. An inherent risk of exposure to COVID-19 exists in any public place regardless of precautions that may be taken. By participating in the Activities, you voluntarily agree to assume all risks associated with COVID-19 (and any strains, variants, or mutations thereof), and any other communicable or infectious diseases, viruses, bacteria or illnesses (collectively, “Communicable Disease”). You agree to comply with any health and safety requirements while at the Event premises or while participating in any Activities as required by any of the rules, regulations, signage or directions of the Event or Event personnel.
- IN CONSIDERATION OF ALLOWING THE PARTICIPANT TO PARTICIPATE IN THE ACTIVITIES, PARTICIPANT (ON BEHALF OF PARTICIPANT AND ANYONE WHO OBTAINS ANY RIGHTS FROM OR THROUGH PARTICIPANT) FOREVER AND IRREVOCABLY AGREES NOT TO SUE AND TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE & INDEMNIFY Vail Valley Foundation, YouthPower365, and any individuals, entities or governmental authorities involved in any capacity with the Activities (including, without limitation, other participants in the Activities, organizers, operators and leaders of the Activities, and sponsors, vendors and suppliers for the Activities); the respective parents, subsidiaries, affiliates, partners, members, managers, owners, agents, contractors, subcontractors, sponsors, administrators, volunteers, insurers, personal and legal representatives, successors and assigns of each of the foregoing; and any director, officer, member, manager, partner, employee, official, representative or agent of any of the foregoing (collectively the “Released Parties,” and individually, a “Released Party”) from and against any and all liability, claims, demands, losses, damages, costs or expenses (including, without limitation, attorneys’ fees and costs) (collectively, “Losses”) arising out of or in any way related to participant’s participation in or attendance at the Activities, including, but not limited to, Losses (including, without limitation, Losses from BODILY INJURY, ILLNESS, DEATH OR PARALYSIS) caused or alleged to be CAUSED IN WHOLE OR IN PART BY (a) THE ACTUAL OR ALLEGED NEGLIGENCE OR MISCONDUCT of any Released Party or otherwise, including negligent rescue operations, (b) any claim, action, suit or demand brought by any third party against any Released Party by reason of or in connection with Participant’s participation in or attendance at the Activities, or (c) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other claims or causes of action arising out of the use of Participant’s name, image, likeness, voice, social media handles and identifiers, and/or other personal attribute(s) or other personal information, including without limitation, photos, videos, recordings and social media posts (collectively, Participant’s “Personal Attributes”). PARTICIPANT FURTHER COVENANTS NOT TO SUE ANY RELEASED PARTY or cause any Released Party to be sued regarding any matter released above, and acknowledges Participant is releasing any right to make a claim or file a lawsuit against any Released Party. Participant further agrees to indemnify and hold harmless each Released Party from and against any Loss regarding any matter within the scope of this Release. Participant agrees to pay all costs and attorney’s fees incurred by any Released Party in defending a claim or suit brought by, though, or on behalf of Participant.
- Participant understands the nature of the activities associated with the Activity and represents that Participant is qualified, in good health, and in proper physical condition to participate in the Activity. The Participant acknowledges that if the Participant believes Activity conditions are unsafe in any way, Participant will immediately discontinue Participant’s participation in the Activity. Participant: (a) authorizes a licensed physician and/or other medical care provider to carry out any emergency medical care for Participant; (b) 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; (c) agrees that upon Participant’s transport to any such medical facility or hospital (which Participant acknowledges the Released Parties shall have no obligation to do) that the Released Party shall not have any further responsibility for Participant; (d) agrees to pay all costs associated with the medical care and related transportation provided for Participant; and (e) shall indemnify and hold harmless the Released Parties from any and all Losses associated with such medical care and/or related transportation.
- Participant irrevocably grants Vail Valley Foundation, YouthPower365 and their designees and respective affiliates, designees, successors and assigns, and each of them, an unrestricted, perpetual, universal, irrevocable, royalty-free and transferable license to use Participant’s Personal Attributes, and to copy, modify, distribute, display and present same in any manner and in any medium (whether now or hereafter existing, including, without limitation, online, wireless, mobile, broadcast, telecast or photograph), in any form, media or format, for any purpose whatsoever. Participant acknowledges and agrees that any photographs, video, film, recordings or other memorialization of Participant’s participation in the Activities shall be owned by Vail Valley Foundation and its designees.
- The parent or legal guardian registering a minor Participant for the Event acknowledges that he/she is agreeing to this Release on behalf of the minor Participant, that he/she is WAIVING CERTAIN RIGHTS ON BEHALF OF THE MINOR PARTICIPANT that the minor Participant otherwise may have and that THE MINOR PARTICIPANT SHALL BE BOUND BY ALL THE TERMS OF THIS RELEASE. THE MINOR PARTICIPANT’S PARENT OR LEGAL GUARDIAN VOLUNTARILY GRANTS PERMISSION FOR THE MINOR PARTICIPANT TO TAKE PART IN THE ACTIVITIES AND ACKNOWLEDGES THAT BUT FOR SUCH GRANT OF PERMISSION, THE MINOR PARTICIPANT WOULD NOT BE PERMITTED TO TAKE PART IN THE ACTIVITIES. PARTICIPANT, AND PARTICIPANT’S PARENT OR LEGAL GUARDIAN AGREEING TO THIS RELEASE, AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, ARISING FROM ANY MISREPRESENTATIONS (INCLUDING WITHOUT LIMITATION AGE MISREPRESENTATIONS, AND MISREPRESENTATIONS AS TO REGISTRATION BY A PARENT/LEGAL GUARDIAN) IN PARTICIPANT’S EVENT REGISTRATION. The parent or legal guardian registering Participant for the Event and entering into this Release hereby consents to, joins in and approves the foregoing Release; will ensure that my child honors his/her obligations hereunder; and will indemnify and hold the Released Parties harmless from and against any Losses arising out of or in any way related to this Release or the rights granted herein, my child’s attendance at or participation in any of the Activities, any breach of the above representations, warranties and agreements or any attempt to rescind, limit or disaffirm the foregoing. A minor Participant’s parent or legal guardian acknowledges: (a) they have spoken to the minor Participant about the Activities; (b) the minor Participant understands and appreciates the risks of participating in the Activities; and (c) the minor Participant has voluntarily decided to participate in the Activities.
- By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.
- If any provision of this Release is unenforceable, it shall be modified to the extent reasonably necessary to make the provision legal, valid and binding. No statements regarding the effect of this Release, not contained in this Release, shall modify the terms of the Release. In any proceeding or other attempt to enforce, construe or to determine the validity of this Release, the non-prevailing party will pay the reasonable expenses of the prevailing party, including, without limitation, reasonable attorneys’ fees and costs. This Release shall be binding upon Participant, and his/her successors, assignees, parents and legal guardians, subrogors, heirs, next of kin, legal and personal representatives, and anyone who obtains any rights from or through Participant. This Release shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of laws principles. Sole and exclusive jurisdiction and venue for any dispute concerning this Release shall be in Colorado state courts located in Eagle County, Colorado, or federal court located in the City and County of Denver, Colorado.
- THE PARITICPANT HAS READ THIS AGREEMENT AND HAS VOLUNTARILY PROVIDED THE ELECTRONIC EQUIVALENT OF THE PARTICIPANT’S SIGNATURE BY CLICKING “ACCEPT” BELOW UNDER PENALTY OF PERJURY, AND ACKNOWLEDGES THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN STATEMENT HAVE BEEN MADE OR OFFERED TO THE UNDERSIGNED BY ANY RELEASED PARTY.