ACKNOWLEDGMENT AND ASSUMPTION OF RISKS & RELEASE AND INDEMNITY AGREEMENT
For Adult or Minor Participants
Please read this entire Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (“Document”) carefully before signing. The adult participant must sign this Document. If participant is under 18 years of age (a ”Minor” or “Child”), one of the participant’s parents or legal guardians (each a “Parent”) must sign. In consideration of the services of Sylvaneers, a Colorado nonprofit corporation, together with its affiliates and any subsidiaries (collectively, “Sylvaneers”), in allowing me/my Child to participate in a Sylvaneers camp program, I (adult participant or Parent of a Minor participant) acknowledge and agree as follows:
PREMISES. Sylvaneers’ camp programs operate from the Camp Santa Maria facilities located at 51321 US Hwy 285, Grant, Colorado 80433 (the “Premises”). The Premises is owned by the Mary M. Dower Benevolent Corporation, a Colorado nonprofit corporation (the “Premises Owner”). Sylvaneers is the sole operator of camps at the Premises.
ACTIVITIES, RISKS, AND ACKNOWLEDGMENT AND ASSUMPTION OF RISKS.
Participating (whether attending, observing, or actively participating) in Sylvaneers educational, instructional, recreation, and/or adventure activities includes risks. Activities take place in Colorado, either on or off the Premises, and may be conducted or led by Sylvaneers staff, contractors, or others. Activities may include, but are not limited to: hiking; technical rock climbing or bouldering (outdoors on natural rock); orienteering and route-finding; outdoor camping; kayaking, canoeing, rafting, and other boating; stand up paddle boarding (“SUP”); fishing; river crossings; swimming; running; mountain biking; archery; low or high element ropes or challenge course activities; interactive games; sporting activities; socializing; outdoor cooking; camp craft; ceramics, woodworking, and other crafts; use of any equipment, facilities, or premises; and transportation in vans and other vehicles to and from the Premises or otherwise (collectively, “Activities”). Activities may be scheduled or unscheduled, supervised or unsupervised, and include Activities undertaken during participant’s free and/or independent time. I acknowledge that the inherent and other risks, hazards, and dangers (“Risks”) of the Activities can cause injury, damage, death, or other loss to participant or others, including the Parent or other members of the participant’s or Parent’s family. Parent gives permission for their Child to participate in all Sylvaneers Activities and agrees to discuss the nature of the Activities and Risks with their Child. The following describes some, but not all of the Risks:
Outdoor or Wilderness Environment. Travel in high altitude (up to or above 14,000 ft.), mountainous, or wilderness terrain both on and off trail includes Risks. Participants’ travel may be subject to storms including rain, snow, lightning, hail, and strong winds; fast moving rivers or other water bodies, including waves, currents, or whitewater; falling or slippery rocks; extremely hot or cold weather or water; rapid weather changes; steep, exposed, and rugged terrain; mud, rock, or snow slides (including avalanches); boulder fields; falling or surface ice; flooding or flash floods; wildfire and associated smoke; intense UV exposure; falling or fallen timber; stinging, venomous, and/or disease carrying animals, insects, or microorganisms; poisonous plants; wild or domestic animals; and other natural or man-made hazards. Hazards (both on land and in water) may not be marked or visible and weather is always unpredictable.
Judgment and Decision Making. A participant or a co-participant, Sylvaneers staff member, contractor, or other person may misjudge the participant’s (or others’) capabilities, health, or physical condition, or misjudge some aspect of travel, instruction, medical treatment, weather, terrain, water, or route location.
Personal Health and Participation. Participant’s mental, physical, or emotional condition (including use or abuse of alcohol or any prescription or non-prescription drugs), disclosed or undisclosed, known or unknown, combined with participation in the Activities includes Risks. Although Sylvaneers personnel will review participant’s submitted health and medical information, Sylvaneers cannot anticipate or eliminate Risks or complications posed by participant’s mental, physical (including fitness level), or emotional condition. There are also health Risks associated with participant’s contact with other people, spaces, or equipment, including the Risk of a participant, staff, parent, or other person’s carrying, being infected by, or contracting a communicable disease, virus, or bacteria before, during, or after the Activities and/or transmitting it to others, including vulnerable and at-risk populations.
Physical Activities. A participant may overestimate their abilities or fitness; be inattentive; lose control; trip, fall, or collide with others, the ground, rocks, or trees, or encounter other water/terrain/road/trail hazards; not understand the functioning of (or misuse) equipment; fail to negotiate steep, uneven, or difficterrain; not control his or her speed; or experience equipment malfunction.
Travel and Geographic Location. Travel to and from the Premises and during Activities may be affected by sudden and changing federal, state, or local health or travel advisories or other limitations. Activities in remote locations (sometimes several hours or more from medical facilities), changing climate issues (such as fires and associated smoke), or other factors may increase or exacerbate risks and/or cause delays or difficulties in communication, travel/transport, evacuation, and medical care. Medical facilities may be under-resourced or inadequate. Sylvaneers staff or contractors may have access to wireless communication devices while conducting Activities both on and off the Premises. However, use of these devices in any location is unreliable and inconsistent.
Premises and Facilities. Boulders, ruts, slippery walkways, ponds, rivers, lakes, and other water sources, rustic buildings, low and high element challenge/ropes courses, fire pits/rings, sporting facilities, uneven ground, or other conditions may exist in and around the Premises.
Equipment. Equipment used in an Activity may not fit, may be misused, or may break, fail, or malfunction. This includes participant’s personal equipment, Sylvaneers equipment, or other equipment (whether purchased, borrowed, or rented). Participants choosing to bring and use their personal equipment (including any safety gear) assume full responsibility, along with Parent of a Minor, for choosing appropriate equipment, for the fit and condition of their equipment, and for proper operation of the equipment. Helmets or other safety gear (required or used for some Activities) may prevent or lessen injuries in some instances; however, use of this gear is not a guarantee of safety, and injury can occur even with the use of safety gear.
Cooking and Camp Living. Risks include gas explosion, scalding, or other burns associated with tending to, cooking over, or being near a stove or open fire. Water contamination is possible in any setting. Food or beverages provided by Sylvaneers, its contractors, or others may cause an allergic reaction or food or water-borne illness. Camp sites include Risks such as falling trees and/or branches, floods, wildlife disturbances, fire and smoke, unknown third parties, and other hazards.
Water Activities. Water obstacles or hazards such as rapids, rocks, boulders, trees, fences, waterfalls, holes, and reversals may exist. Participants may slip on wet rocks or while entering or exiting a kayak, canoe, SUP, or boat; fall overboard or be thrown into the water; or experience a kayak, canoe, boat or SUP flip, capsize, or collision. Other Risks include those associated with being submerged in deep, cold, potentially contaminated, and/or fast-moving water or whitewater, with or without the ability to swim.
Archery. Risks include being shot (accidentally or intentionally) by arrows and other projectiles; being struck due to discharge, ricochet, kickback, or equipment malfunction; and exposure to loud pops, bangs, and other noises.
Crafts. Participants may work with or be near power tools, cutting tools, and heating tools; paints, varnishes, and glues; and other craft-related tools and materials. Tools may break, fail, or malfunction. Paints and varnishes may have strong smells and may be harmful if inhaled or ingested.
Unstructured Time. Participants will have unstructured and/or independent, unsupervised time before, during, and after Activities and at various other times. Unsupervised time may include free time and/or brief periods of time stationary and alone. Participants will not be directly supervised during sleeping hours. All participants share in the responsibility for their own well-being at all times.
Conduct. The potential that the participant, other participants, or third parties may act carelessly, recklessly, or maliciously, including, but not limited to, by exhibiting abusive behavior, making inadvertent or intentional physical contact with another, or making unwanted sexual advances or contact.
These and other Risks may result in participants: falling partway or falling to the ground or into the water; being struck by, colliding with, or impacting objects, people, animals, or the bottom of a water body; experiencing vehicle or boat collision, flip, capsize, or rollover; getting caught or entangled in objects above or below water; reacting to high altitudes, weather conditions, or exertion; becoming lost or disoriented; participating in an emergency evacuation; ingesting or inhaling smoke or other contaminants or pollutants; suffering gastro-intestinal complications or allergic reactions; being exposed to, contracting, and/or transmitting to others life-threatening human/animal/insect/other-borne communicable diseases; being emotionally triggered; or experiencing other problems. These and other circumstances may cause heat or cold related illnesses or conditions (including hypothermia, hyperthermia, cold water immersion, frostbite, or heat exhaustion/stroke); dehydration; hyponatremia; drowning; high altitude sickness (i.e. high altitude pulmonary or cerebral edema); anaphylaxis; heart or lung complications; muscle sprains or broken bones; paralysis or other permanent disability; mental or emotional crisis or trauma; concussions; sunburn or other burns; illnesses; rashes; infections; cuts, wounds, or other injury; and other damage, death, or loss.
I (adult participant or Parent of a Minor participant) acknowledge and agree:
· to review all materials received from Sylvaneers, complete all required forms (including the Application, Terms of Agreement, and Medical Form), abide by the terms of those documents, and obey all Sylvaneers rules and other policies, including my agreement and consent to new policies later developed.
· Sylvaneers representatives are available should I have further questions about the Activities, Risks, or other issues;
· to disclose any mental, physical, or emotional conditions or limitations which might affect participant’s ability to participate in Sylvaneers programming, including all Activities, and represent that participant is fully capable of participating without causing harm to themselves or others;
· the information provided above is not complete, other unknown or unanticipated Activities, Risks, and outcomes may exist, and Sylvaneers cannot assure participant’s safety or eliminate any of the Risks;
· If participant is borrowing or renting new or used equipment from Sylvaneers, the equipment comes "AS-IS," and Sylvaneers disclaims all warranties, express or implied (including any conditions of merchantability or fitness for a particular purpose) regarding the equipment;
· Participant is voluntarily participating with knowledge of the Risks. Therefore, participant (and Parent of a Minor) assumes and accepts full responsibility for participant, for the inherent and other Risks (known and unknown, described above or otherwise) of the Activities, and for any injury, damage, death, or other loss suffered by participant (and Parent of a Minor) resulting from those Risks, including the Risk of participant’s own negligence or other misconduct.
RELEASE AND INDEMNITY AGREEMENT.
Please read carefully. This Release and Indemnity Agreement contains a surrender of certain legal rights. I (adult participant, or Parent for myself and for and on behalf of my participating Child) agree as follows:
(1) to release and not sue Sylvaneers, the Premises Owner, or any of their affiliates and subsidiaries, and each of their respective owners, members, managers, officers, directors, employees, agents, representatives, successors, assigns, volunteers, and independent contractors including (the “Released Parties”), with respect to any and all claims, liabilities, suits, or expenses (including attorneys’ fees and costs) (collectively, ”Claims”) for any injury, damage, death, or other loss in any way connected with my/my Child’s enrollment or participation in Activities. I understand and I agree to waive all Claims my Child or I may have against the Released Parties, bind my/my Child’s estate and any family member/heir/other party bringing Claims, and agree that neither I, my Child, nor anyone acting on my or my Child's behalf, will make a claim against the Released Parties as a result of any injury, damage, death, or other loss suffered by me or by my Child;
(2) to defend and indemnify (“indemnify” means to make whole by reimbursement or payment) the Released Parties with respect to any and all Claims brought by or on behalf of me, my participating Child, my spouse or any other person or entity for any injury, damage, death, or other loss in any way connected with my/my Child’s enrollment or participation in Activities. This includes, but is not limited to, any Claims brought by a medical care provider, insurer, or other third party as a result of medical or other care or services provided to the participant before, during, or after the program, including transportation and evacuation costs.
This Release and Indemnity Agreement includes Claims of or resulting from the Released Parties’ negligence (but not any of their gross negligence or willful and wanton misconduct), and includes Claims for personal injury or wrongful death (including Claims related to emergency, medical, drug, and/or health issues, response, assessment, or treatment), property damage, loss of consortium, breach of contract, or any other claim.
OTHER PROVISIONS.
Colorado law (without regard to its “conflict of laws” rules) governs this Document, any dispute with the Released Parties, and all other aspects of my or my Child’s relationship with the Released Parties, contractual or otherwise, and agree that any lawsuit or other legal proceeding must be filed or entered into only in Park County, Colorado, which shall be the sole jurisdiction and venue for any such proceeding. I agree to first attempt to settle any dispute (not settled by discussion) through mediation before a mutually acceptable Colorado mediator. This Document is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Document is found to be unlawful or unenforceable, that finding shall not affect the enforceability of the remaining provisions, which provisions shall continue in full force and effect.
Adult participant or Parent of a Minor participant agree: I have carefully read, understand, and voluntarily sign this Document and acknowledge that it shall be effective and legally binding upon me, my spouse, participating Child and other children, and my/my Child’s other family members, heirs, executors, representatives, subrogees, assigns, and estate. Adult participant or Parent of a Minor participant must complete the information and sign below.
By signing below, I understand that my signature is valid and legally binding whether I choose to electronically sign or manually sign a printable version of this Document.