RELEASE AND WAIVER OF RIGHTS Ski Cooper Race and Competition, 2024-2025
RELEASE AND WAIVER OF RIGHTS
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
1. The person who is taking part in the race or competition event or training 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 skiing, race training, competition, and/or using any of the facilities of the ski area, including but not limited to the use of the lifts, ski slopes, trails, and other equipment, for any purpose (hereinafter the "Activity"), can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH.
2. The Undersigned are advised that a person using any of the facilities of the ski area is considered a skier. The Undersigned acknowledge and understand the dangers and risks of skiing and understand that the Participant, as a "skier" under Colorado law, ASSUMES ALL INHERENT DANGERS AND RISKS as provided by the Colorado Ski Safety Act (hereinafter "Act").
3. The Undersigned further understand and agree that in signing this Agreement, the Undersigned are expressly acknowledging and assuming additional risks and dangers that may result in property damage, physical injury, and/or death above and beyond those outlined in the Act, including but not limited to:
Falling; avalanches; cornices; suffocation; crevasses; drills; exercises; free skiing; following the direction of a race team leader; practice slopes; warm-up slopes; equipment failure; equipment malfunction; equipment damage; Participant's improper use of equipment; Participant's use of his/her own personal equipment; Participant's failure to maintain or otherwise upkeep his/her own personal equipment; slick or uneven surfaces; slipping; tripping; loss of balance; premises incidents of any kind; rugged mountainous terrain; bumps; tree wells; downed timber; rocks of various sizes; holes; debris; marked and unmarked obstacles; drainage channels; varying visibility; unmaintained trails; path and/or trail obstructions; unmarked roads and/or trails; Participant or another acting in a negligent manner that may cause and/or contribute to injury to Participant or others, such as selecting terrain that exceeds his/her ability and not acting within such ability; Participant's failure to comply with signage; collisions with natural or man-made objects or collisions with other people; falling objects; encounters with snowmobiles, snowcats, and/or other motor vehicles; becoming lost or separated; lack of shelter; lift loading, unloading, and riding; storms, lightning, hail, snow, and other adverse weather; limited access to and/or delay of medical attention; Participant's health condition; strenuous activity; fatigue; exhaustion; dehydration; hypothermia; high elevation; altitude sickness; frostbite; & mental distress from exposure to any of the above.
4. Pursuant to Colorado law, Participant assumes the responsibility of maintaining control at all times while engaging in the Activity. 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. Participant assumes the risks of riding the lifts and engaging in activities accessible from the lifts. Further, the Undersigned understand that a minor Participant may use the ski lifts without an adult present. The Undersigned are advised that snowmobiles, snowmaking, and snow-grooming 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.
5. 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, serious injury, and death are all possible while participating in the Activity.
6. The Undersigned agree with the premise that the Participant is a competitor at all times, whether practicing for competition or in competition. The Undersigned understand that the Participant has the opportunity to inspect the ski/snowboard training course and/or competition course prior to participating in the Activity and that he/she assumes the risk of all course conditions, including but not limited to course construction or layout and obstacles. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
7. Additionally, in consideration for allowing the Participant to participate in the Activity, THE UNDERSIGNED HEREBY AGREE NOT TO SUE COOPER HILL SKI AREA, INC. (dba “SKI COOPER”) or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a "Released Party") for any property damage (including but not limited to equipment damage), injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant's participation in the Activity. By agreeing not to sue, the Undersigned are releasing any right to make a claim or file a lawsuit against any Released Party. Also, the UNDERSIGNED AGREE TO HOLD HARMLESS AND RELEASE EACH AND EVERY RELEASED PARTY FROM ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from Participant's participation in the Activity, including, but not limited to, those claims based on any Released Party's alleged or actual NEGLIGENCE or BREACH of any CONTRACT and/or express or implied WARRANTY.
8. By execution of this Agreement, the Undersigned also AGREE TO DEFEND AND INDEMNIFY/REIMBURSE each Released Party from any and all claims of the Undersigned and/or a third party arising in whole or in part from Participant's participation in the Activity, including ANY AND ALL LEGAL AND ATTORNEY’S FEES AND COSTS which may arise from any related lawsuit.
9. In consideration for allowing Participant to participate in the Activity, the Undersigned AGREE THAT ANY AND ALL CLAIMS for injury and/or death arising from the Participant's participation in the Activity shall be GOVERNED BY COLORADO LAW and EXCLUSIVE JURISDICTION of any claim shall be the COMBINED COURTS OF LAKE COUNTY, COLORADO or in the FEDERAL COURT FOR THE STATE OF COLORADO.
10. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, the parent or legal guardian understands that he/she is also 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.
11. 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.
12. The Undersigned hereby authorize the use and reproduction by Ski Cooper, and its authorized representatives, of any and all images, video, or representations taken of Participant, without compensations, and understand that all images, videos, or representations shall be the sole property of Ski Cooper.
13. 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 the assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned.
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.
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CCMS General Liability Waiver 2024-2025
CLOUD CITY MOUNTAIN SPORTS ACKNOWLEDGEMENT OF RISK
PARENT’S RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS AN ACKNOWLEDGEMENT OF RISK AND A RELEASE OF CERTAIN CLAIMS AND A WAIVER OF CERTAIN LEGAL RIGHTS.
“Parent” means the undersigned parent or legal guardian signing below on behalf of him/herself and on behalf of the minor child (“Child”) named below. “Club” refers to the Cloud City Mountain Sports, a Colorado nonprofit corporation.
Parent and Child acknowledge and understand that the Child, as a “skier” under Colorado law, ASSUMES THE RISK of any injury resulting from any of the inherent dangers and risks of skiing. Parent and Child understand that SAFETY is very important to the Club. Parent and Child understand that with respect to courses for competition and training for competition that Child is entitled and expected to conduct a reasonable visual inspection of the course prior to participating in the training or competition. Parent and Child agree and understand that the Child will be held to assume the risk of all course conditions, including, but not limited to, weather and snow conditions, course construction, layout and obstacles.
Parent and Child acknowledge that participation in Club Activities may necessitate travel (either by van, bus or airplane) and may include overnight trips. Parent and Child recognize the fact that there is inherent danger and risk in van and bus transportation. There is the possibility of mechanical failure, adverse road conditions, bad weather, (snow, heavy rain, fog and high wind) all of which affect visibility or ideal driving condition. Parent and Child recognize there is the possibility of an accident that is the fault of other motorists. Parent and Child understand that travel in Club vehicles to and from Club Activities shall be considered Club Activities for purposes of this waiver.
Parent and Child are familiar with the symptoms of COVID-19 and agree that should the Child or Parent or any family member show the symptoms of COVID-19, they will not allow the Child to participate in Club activities.
Parent and Child agree that they will accept and abide by the rules and regulations of Cloud City Mountain Sports and any other rules or regulations imposed by the organizers of any particular event in which Parent and/or Child participate.
PROVIDING MEDICAL INSURANCE FOR CHILD
Parent represents that the child is in good health and there are no special instructions regarding the Child which have not been listed on the registration form. Parent has and agrees to maintain valid and sufficient medical and accident insurance for the Child throughout the time that the Child participates in any Club activities. The undersigned Parent understands that this is his/her sole responsibility, and RELEASES the Club from any claim and/or responsibility for providing such coverage for the Child.
MEDICAL CARE TRANSPORTATION
Parent authorizes the Club and the operator of any other ski area where a Child may participate in a Club activity and their authorized personnel to obtain medical care for the Child or to transport the Child to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Parent agrees that upon the Child’s transport to any such medical facility or hospital that the Released Parties shall not have any further responsibility to the undersigned Parent or Child. Further, the Parent agrees to pay all costs associated with such medical care and related transportation provided for the Child and agrees to indemnity and hold harmless the Released Parties from any costs or claims arising from such medical care and related transportation.
PHOTO RELEASE
The Parent and Child authorize the Club to use photographs, motion picture recordings, and/or audio recordings or written statements of the Child or the Parent, or those that include the Child or Parent, and quotations from conversations and correspondence, for use on the Club website or in other Club promotional materials.
RELEASE OF CHILD’S RIGHTS
The undersigned Parent HEREBY COMPLETELY RELEASES AND HOLDS HARMLESS the Club and its coaches, Colorado Mountain College, the Tennessee Pass Nordic Center, Ski Cooper, Lake County, the United States Forest Service, and their representatives, agents, affiliates, officers, directors, servants, employees, members and volunteers (collectively the “Released Parties”) from ANY AND ALL CLAIMS OF ANY NATURE OR ANY KIND OF INJURY, SICKNESS, OR DEATH, to Child or any of Child’s property that may be sustained in connection with Club Activity, INCLUDING ANY NATURE OR ANY KIND FOR ANY INJURY, DEATH, OR DAMAGE THAT RESULTS FROM NEGLIGENCE INCLUDING INJURY OR DEATH DUE TO COVID-19 of the Released Parties. The undersigned Parent understands that if the Child is injured or killed, or property of Child is damaged in connection with Club Activity, that neither Parent nor Child has a right to make a claim or file a lawsuit against any of the Released Parties, in accordance with CRS 13-22-107. The undersigned Parent further AGREES TO DEFEND AND INDEMNIFY AND HOLD HARMLESS the Released Parties from any and all claims brought by third parties which arise in whole or in part from the Child’s participation in Club Activity.
RELEASE OF PARENT’S RIGHTS
The undersigned Parent HEREBY COMPLETELY RELEASES AND HOLDS HARMLESS the Club and its coaches, Colorado Mountain College, the Tennessee Pass Nordic Center, Ski Cooper, Lake County, the United States Forest Service, and their representatives, agents, affiliates, officers, directors, servants, employees, members and volunteers (collectively the “Released Parties”) from ANY AND ALL CLAIMS OF ANY NATURE OR ANY KIND OF INJURY, SICKENSS OR DEATH, to Parent or any of Parent’s property that may be sustained in connection with Club Activity, INCLUDING ANY INJURY, DEATH, OR DAMAGE THAT RESULTS FROM NEGLIGENCE INCLUDING INJURY OR DEATH DUE TO COVID-19 of the Released Parties. The undersigned Parent understands that if the Parent is injured or killed, or property of Parent is damaged in connection with Club Activity, that Parent has no right to make a claim or file a lawsuit against any of the Released Parties.
In consideration of engaging in Club Activities and using the ski trails of Colorado Mountain College, the Tennessee Pass Nordic Center, Ski Cooper, Lake County, and the United States Forest Service, PARENT, on behalf of him/herself and his/her CHILD, agrees that all claims for injury and/or death for Parent and Child shall be GOVERNED BY THE LAW OF THE STATE OF COLORADO AND EXCLUSIVE JURISDICTION for any claim shall be in County or District Court of Lake County, Colorado.
This agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable. The undersigned Parent or legal guardian acknowledges that he/she is signing this Agreement on behalf of him/herself and on behalf of the Child, who is a minor, and that the Child is bound to the terms of this Agreement. This Agreement shall be binding upon the Parent’s and Child’s assignees, subrogers, distributors, heirs, next of kin, executors, and personal representatives.
By signing, I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Club, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Club program
WE HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS, AND SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
