Release of Liability, Assumption of Risk, and Indemnification Agreement
This Document affects your legal rights. Read it carefully before signing.
ACTIVITY and ASSOCIATED RISKS: I have chosen to participate in an outdoor recreational activity (hereinafter referred to as “the Activity”) with Trails and Open Spaces Coalition (hereinafter referred to as “TOSC”). By choosing to participate in the Activity, I understand that: TOSC is a not a guide service and therefore makes NO WARRANTIES, PROMISES, or GUARANTEES as to the safety of the Activity or the conditions of the area in which the Activity is taking place. It is solely my responsibility to determine whether I think the Activity exposes me (or other members of my family for whom I am responsible) to an unreasonable risk of harm or loss. I further acknowledge that outdoor recreational activities are an inherently dangerous activity. I understand that I (and other members of my family for whom I am responsible) may be exposed to various dangers and hazards, including but not limited to: inclement weather, rugged terrain, hostile or aggressive wildlife, falls, fractures, concussions, equipment failures, damage to personal property, negligence of others, drowning, and/or death. I further acknowledge that hospital facilities, qualified medical care, and/or emergency medical evacuation may be limited or unavailable during all or portions of the Activity.
ASSUMPTION OF RISK: I voluntarily, knowingly, and expressly assume the above-mentioned risks as well as other risks not listed that are part of the Activity, including the risk of injury or loss caused by the negligence of TOSC, its employees, agents, and officers, its contractors, and other Activity participants.
RELEASE OF LIABILITY: I hereby RELEASE TOSC, its owners or members, agents, attorneys, employees, assigns, other participants, sponsors, advertisers, contractors, equipment providers, landowners, municipal or governmental entities, and their respective employees, officers, and directors (hereinafter referred to as “Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from my participation in the Activity. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend to claims excluded from being waived by law.
INDEMNIFICATION HOLD HARMLESS AND DEFEND: I promise to INDEMNIFY, HOLD HARMLESS AND
DEFEND the Released Parties against any and all claims. In accordance with this promise, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including reasonable attorney’s fees that may be incurred because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them. This agreement is governed by and shall be construed in accordance with the laws of the state of Colorado, without any reference to its choice of law rules. Before any claim, demand, or cause of action may be filed, I agree to participate in mediation in El Paso County, Colorado with a mediator who is a licensed attorney.
TOSC AND THE COMMUNITY: I believe TOSC serves a compelling public interest. It is important to me to see that TOSC maintains a strong public presence so that citizens are inspired to get out and explore the region’s parks, trails, and open spaces. I would not want to see TOSC limit or restrict its activities because of concerns over liability. Participating in the Activity with TOSC is a purely recreational endeavor. I know and agree to abide by Leave No Trace Principles to minimize my impact to the environment during the Activity. If the outing allows for canine companions to attend, I understand that I am responsible for my dog’s behavior and wellbeing and agree to abide by any and all rules of the area we are visiting. I further agree to pay veterinary/medical expenses incurred as a result of injury caused by my dog. I know there are numerous trails, campsites, parks, and other natural areas available throughout this region where I could hike and enjoy other outdoor recreational activities without limiting my rights as a plaintiff.
USE OF MY LIKENESS: I understand that during the Activity I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of my family or myself or use of my name in connection with such likeness, and I grant to TOSC and its sponsors, partners, advertisers, and assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.