PARTICIPATION WAIVER, RELEASE & INDEMNIFICATION. PLEASE READ THIS CAREFULLY
“Activity” means the 2019 Grand Traverse Mountain Run & Bike event. A point to point Trail Running and Mountain Bike race, traveling approximately 40 miles between the towns of Crested Butte and Aspen, CO. “Participant” means each individual listed on this form participating in the above stated activity. The “Undersigned” means each Participant, and when a Participant is under age eighteen (18) (“Minor”), it includes the Minor Participant’s parent or legal guardian signing this warning, assumption of risk, release of liability and indemnification agreement (this “Release”) on behalf of himself/herself an on behalf of the minor Participant. The undersigned understand and agree that the activity can be hazardous and presents a risk of physical injury and/or death.
This entry form and release is a contract with legal consequences. I acknowledge that by signing this document I am agreeing to Hold Harmless, Release, Defend, Indemnify and not sue the Grand Traverse organizers and volunteers; the Crested Butte Nordic Council; the Town of Crested Butte; Aspen Skiing Company, LLC, the City of Aspen; Pitkin County; Gunnison County and all of their respective insurance companies, successors in interest, subsidiaries, commercial and corporate sponsors, agents, employees, volunteers, representatives, assignees, officers, directors, and shareholders (each “Released Party” and collectively, the “Released Parties”) from any and all liability and/or claims for injury or death to persons or loss or damage to property arising from the Participant’s participation in, or travel to or return from, the Activity. The Undersigned take full responsibility for any injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of the Activity, including those injuries and damages caused by any released party’s alleged or actual negligence or breach of any express or implied warranty. By execution of this Release, the undersigned agree not to sue the released parties and agree they are releasing any right to make a claim or file a lawsuit against any released party. The Undersigned further agree to defend and indemnify each Released Party for any and all claims of the Undersigned and/or a third party arising in whole or in part from the Participant’s participation in the Activity. The Undersigned agree to pay all costs and attorney’s fees incurred by the Released Parties in defending a claim or suit brought by or on behalf of the Undersigned or brought by a third party as a result of the Participant’s participation in the Activity.
I hereby freely agree to and make the following contractual representation and agreements: I acknowledge that mountain endurance sports (mountain biking & trail running) are inherently dangerous and fully recognize the dangers of participating in a point-to-point backcountry competition and FULLY ASSSUME THE RESPONSIBILITY AND RISKS ASSOCIATED WITH SUCH PARTICIPATION INCLUDING by way of example, and not limitation, the following; dangers of biking or running on primitive backcountry trails, dangers arising from long unsupported stretches of terrain, equipment failures,THE RELEASEES OWN NEGLIGENCE, adverse weather conditions, lightning, collisions, falling from a bike or from steep slopes, exposure, hypothermia, accident and illness caused by extreme endurance fatigue, high altitude and high elevation, dehydration, consumption of food and beverage, accident or illness without access to means of rapid evacuation or availability of medical supplies, varying weather and surface conditions, variations in slope and terrain, rugged mountainous terrain, forest growth, downed timber, rocks of various sizes, holes, debris, trail and path configuration, marked and unmarked obstacles, high speed,, and becoming lost or separated from the Activity course, encountering wildlife and wild animals, the possibility of serious physical and or mental trauma or injury associated with a mountain sports competition, sharing Activity facilities and routes with people directly and/or not directly involved in the Activity and following the direction of Activity officials, any or all of which can lead to property loss or damage, serious bodily injury, permanent disability, paralysis and death.
Mountain Bike Division participant understands and agrees that helmets are required while participating in the Activity. Participant understands and agrees that a helmet IS IN NO WAY A GUARANTEE OF SAFETY and that no helmet can protect the wearer against all foreseeable impacts to the head, and that the Event and other related activities can expose the user to forces that exceed the limits of protection provided by this helmet. Participant also understands that the helmet does not guard against injury to the neck, spine or any other part of his/her body, and that these limitations are INHERENT RISKS of the EVENT.
The Undersigned understand and acknowledge that: (1) Participant has been informed and understands all rules and regulations of participation in the Activity; (2) Participant is responsible for reading, understanding and complying with all signage; (3) falls, collisions, accidents and injuries occur and are a common and ordinary occurrence of the Activity. The Undersigned agree and understand that Participant has had the opportunity to inspect the Activity Course prior to participating in the Activity and that Participant assumes the risk of all course and venue conditions, including but not limited to risks associated with design, construction, layout and/or obstacles. A Minor Participant’s parent or legal guardian acknowledges that: (1) they have spoken to the Minor Participant about the Activity; (2) the Minor Participant understands and appreciates the risks of participating in the Activity; and (3) the Minor Participant has voluntarily decided to participate in the Activity.
I accept responsibility for the condition and adequacy of my equipment. I am in good physical and mental health to participate in this Activity. I have no physical, medical or mental condition, which to my knowledge would endanger the safety of myself, my partner, other Participants, staff or volunteers if I participate in this event or preparation thereof. I have no other special problems associated with my condition which could interfere with my, or other Participant’s, safety while participating in the activity or preparation, operation, tear down or viewing of the Activity. I authorize a licensed physician and/or other medical care provider to carry out any emergency medical care. I authorize Released Parties and/or their authorized personnel to call for medical care or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. I agree that upon my transport to any such medical facility or hospital that the Released Parties shall not have any further responsibility to me and I agree to pay all costs associated with the medical care and related transportation provided. I shall indemnify and hold harmless the Released Parties from any and all liability and/or claims associated with such medical care and/or related transportation. I agree for myself and my successors, that the above representations are contractually binding and are not mere recitals, and that should I or my successors assert my claim in contravention of this agreement, the asserting party shall be liable for the expenses (including legal fees) incurred by the other party or parties in defending this agreement, unless the other party or parties are finally adjudged liable on such claim for willful and wanton negligence. This agreement may not be modified orally, and a waiver of any provision shall not be construed as a modification of any other provision herein.
I agree that any and all claims for damages, injury and/or death regarding an alleged incident shall be governed by Colorado Law, without regard to conflict of laws principles. Exclusive and sole jurisdiction and venue of any claim shall be in the Federal or State courts located in Gunnison County, Colorado. I accept and submit to the jurisdiction of the aforesaid court with respect to any action, suit or proceeding brought by it or against it by a Released Party, and I waive any objection to the venue for any such action, suit or proceeding being in such courts.
The undersigned parent or legal guardian acknowledges that he/she is also signing 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 of 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 activity and acknowledges that but for such grant of permission, the minor participant would not be permitted to take part in the activity. By signing this agreement without a parent or guardian’s signature, Participant represents they are at least eighteen (18) years of age, or, if signing as the parent or guardian of the Participant, signer represents they are the legal parent or guardian of the Minor Participant. The undersigned agrees to indemnify the released parties for all liability and claims, including attorney’s fees, arising from any misrepresentations made in this application or fraudulent execution of this agreement.
Every item and provision of this agreement is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable.
This release shall be binding to the fullest extent permitted by law. If any part of this release is deemed to be invalid or unenforceable, the balance, notwithstanding, will continue in full force and effect. This release shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.
I grant my irrevocable permission to the organizers of the Grand Traverse and its authorized agents to use, without compensation, my name, and to own and use without compensation any photographs, videotapes, motion pictures, recordings or any other record of my participation in this event to create derivative works therefrom, for any purpose, in any form, media or format.
RACE DAY DISCLAIMER:
In the event of severe weather conditions and/or an act of God, the Race Director reserves the right to cancel, or delay the start of the race. If conditions warrant the cancellation, or postponement of the Event, no refunds will be issued. race registrations, will graciously accepted as charitable donations to the 501C3, not-for-profit, Crested Butte Nordic Council.
Race Officials reserve the right to refuse any entry.
I HEREBY CERTIFY THAT I HAVE READ THIS RELEASE, OR HAVE HAD IT ORALLY READ TO ME OR HAVE READ THIS RELEASE THROUGH USE OF ADAPTIVE TECHNOLOGY OR SCREEN READING DEVICES. THE ESSENCE OF THIS RELEASE IS THAT THE ELK MOUNTAINS GRAND TRAVERSE PRESENTS EXTREME AND UNKNOWN RISKS FOR WHICH I FREELY AND VOLUNTARILY AGREE TO BE SOLELY RESPONSIBLE, IN ORDER TO ENABLE THIS EVENT TO TAKE PLACE.
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