RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
In consideration of the Minor (identified below) being allowed to participate in any way in this outdoor adventure race clinic (the “Clinic”) known as “The Kids Adventure Games Race Clinic” produced by Kids Adventure Games, LLC (“KAG”), I the undersigned Parent/Guardian, acknowledge, accept and agree that:
1. I acknowledge and agree that Minor’s participation in the Clinic is purely voluntary. I understand that the Clinic will take place outdoors without protection from the elements, including direct sun, rain, wind, and other elements. I fully understand that this Clinic involves risks of serious bodily injury, including permanent disability, paralysis and death for the Minor, which may be caused by their own actions, or inactions, those of others participating in the event, the conditions in which the event takes place, or the negligence of the Releasees named below; and that there may be other risks either not known to me or not readily foreseeable at this time; and on behalf of myself and the Minor, I fully accept and assume all such risks and all responsibility for losses, costs, and damages incurred by either me or the Minor as a result of the Minor’s participation in the Clinic.
2. In consideration of Minor’s participation in the Clinic, I, my heirs and assigns hereby release Kids Adventure Games LLC, NRG Marketing, LLC, the Host Resort, and each party’s parents, subsidiaries, agents and assigns (collectively, the “Releasees”) from all liability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, including negligent rescue operations; and I further agree that if, despite this release, waiver of liability, and assumption of risk I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost which any may incur as the result of such claim.
2. As the Parent/Guardian, I knowingly and voluntarily agree to comply with the stated and customary terms and conditions for the Minor’s participation in the Event. If, however, I observe an unusual and/or significant hazard during my presence at the Clinic, I will remove the Minor from participation and bring such hazard to the attention of the nearest Clinic official.
3. I, FOR MYSELF AND ON BEHALF OF THE MINOR AND OUR RESPECTIVE HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND/OR NEXT OF KIN, FOREVER WAIVE, RELEASE, DISCHARGE, AND CONVENANT NOT TO SUE KIDS ADVENTURE GAMES LLC, NRG MARKETING, LLC, THE HOST RESORT, AND EACH PARTY’S PARENTS, SUBSIDIARIES, AGENTS AND ASSIGNS AS WELL AS THEIR OFFICERS, DIRECTORS, MEMBERS, PRINCIPALS, AGENCIES, SPONSORS, ADVERTISERS, VOLUNTEERS, AND IF APPLICABLE, OWNERS AND LESSORS OF THE PREMISES USED TO CONDUCT THE EVENT (INDIVIDUALLY AND COLLECTIVELY, THE “RELEASEES”), WITH RESPECT TO ANY AND ALL INJURY, SUITS, CLAIMS, COSTS, LIABILITY, DISABILITY, DEATH, AND/OR LOSS OR DAMAGE TO PERSON OR PROPERTY, IN CONNECTION WITH THE MINOR’S PARTICIPATION IN THE EVENT, WHETHER ARISING FROM NEGLIGENCE OF THE RELEASEES OR OTHERWISE. I FURTHER AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RELEASEES FROM ANY LOSS, LIABILITY, COST, CLAIM OR DAMAGES ARISING FROM THE MINOR’S PARTICIPATION IN OR ASSOCIATION WITH THE EVENT, BY REASON OF THE PERMISSIONS GRANTED HEREIN, AND/OR MY COVENANTS NOT TO SUE CONTAINED HEREIN, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES.
4. I certify and represent that the Minor is physically fit and able to participate in the Clinic and suffers from no existing physical or medical condition which could result in illness or injury from the Minor participating in the Clinic and I acknowledge that I am aware of the inherent risks in participating in an athletic event of this type. I further certify and represent that on the date of the Clinic, the Minor will be covered by medical/health insurance, individually or as part of an organization. Further, I hereby consent to administration of first aid and other medical treatment in the event of injury or illness to the Minor in connection with participation in the Clinic and hereby release and indemnify Releasees from any and all liability or claims arising out of such treatment.
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5. KAG reserves the right, in their sole determination, to postpone, cancel, or modify the Clinic due to weather conditions or other factors beyond the control of KAG or the other Releasees that might affect the health and/or safety of participants. No refunds will be granted.
6. I hereby irrevocably authorize KAG and its agents to use, reproduce, license, and disseminate photographs, images, videotapes, motion pictures, recordings, or any other depiction or record of the Event which may include the Minor for any legitimate purpose in perpetuity, and I understand that neither the Minor nor myself shall be entitled to any compensation therefore.
7. This agreement shall be governed by the laws of the State of Colorado applicable to
contracts executed and performed entirely therein. Any action to enforce this agreement shall be brought exclusively in the state or federal courts located or having jurisdiction in Eagle County, Colorado and I hereto irrevocably submit to the jurisdiction of such courts.
I have read this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it be a complete and unconditional release of all liability to the greatest extend allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.