DURANGO NORDIC CENTER WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT, INCLUDING COVID PROTOCOLS AND PHOTOGRAPHY RELEASE
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS.
The person who is participating in activities at the Durango Nordic Center and/or Purgatory Resort or other locations with Durango Nordic Ski Club (“the ski area”) shall be referred to hereinafter as “Undersigned”. If the Undersigned is under the age of 18, the Undersigned includes the parent or legal guardian. The Undersigned agree/s and understand/s that taking part in the ski area activities, skiing, snowshoeing or fat biking and using ski area facilities, for any purpose (hereinafter the “Activity”), can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH.
The Undersigned is/are advised that a person using any of the facilities of the ski area is considered a skier. The Undersigned acknowledge/s and understand/s the dangers and risks of skiing and understand/s that the Undersigned, as a “skier” under Colorado law, ASSUMES ALL INHERENT DANGERS AND RISKS as provided by the Colorado Ski Safety Act (hereinafter “Act”).
The Undersigned further understand/s and agree/s 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; free skiing; following the direction of the instructor; terrain selection of the instructor; equipment failure; equipment malfunction; equipment damage; Undersigned’s improper use of equipment; Undersigned’s use of his/her own personal equipment; Undersigned’s failure to maintain or otherwise upkeep his/her own personal equipment; slick or uneven surfaces; slipping; tripping; loss of balance; 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; Undersigned or another acting in a negligent manner that may cause and/or contribute to injury to Undersigned or others, such as selecting terrain that exceeds his/her ability and not acting within such ability; Undersigned’s failure to comply with signage; collisions with natural or man-made objects or collisions with other people; falling objects; encounters with snowmobiles and/or other motor vehicles; becoming lost or separated; lack of shelter; storms, lightning, hail, snow and other adverse weather; limited access to and/or delay of medical attention; Undersigned’s health condition; strenuous activity; fatigue; exhaustion; dehydration; hypothermia; high elevation; altitude sickness; frostbite; & mental distress from exposure to any of the above.
Pursuant to Colorado law, Undersigned assumes the responsibility of maintaining control at all times while engaging in the Activity. Undersigned is responsible for reading, understanding and complying with all signage. Further, the Undersigned understand/s that a minor Undersigned may use the ski area without an adult present. The Undersigned is/are advised that snowmobiles and snow-grooming equipment may be encountered at any time, and the Undersigned recognize/s that falls and collisions occur and injuries are a common and ordinary occurrence of the Activity.
Undersigned understands that the Activity is being conducted during the time of a pandemic commonly known as Covid-19. Undersigned may contract or be exposed to Covid-19 while participating in the Activity, which could result in illness and/or death. Undersigned agrees that, by participating in the Activity, Undersigned will follow all measures required by DNSC to mitigate risk, or will be removed from the Activity either temporarily or permanently at DNSC discretion. If Undersigned does not follow said measures, Undersigned may be prohibited from participating in part or all of the Activity. By participating in the Activity, Undersigned agrees to assume the risk associated with exposure to Covid-19, and the provisions stated herein as to release of liability, indemnification and hold harmless shall apply equally to Covid-19 related illness or death as it does for other injuries identified herein. Undersigned agrees that Undersigned will not participate in the Activity if Undersigned feels ill, has a fever, loss of taste or smell using the following protocols: If Undersigned suspects he/she has covid or has tested positive from covid, Undersigned may not participate in the Activity until the earlier of (1) five days (with the first day of the onset of symptoms being counted as Day 0), and Undersigned has been fever free for 24 hours without the use of fever reducing medication, or (2) until Undersigned has tested negative for Covid. If Undersigned tested positive for coved, Undersigned should wear a mask for five days after the end of isolation.
The Undersigned acknowledge/s and understand/s 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/s that property loss, injury, serious injury and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND/S THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE/S FOR Undersigned TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
Additionally, in consideration for allowing the Undersigned to participate in the Activity, THE UNDERSIGNED HEREBY AGREE/S NOT TO SUE the Durango Nordic Ski Club, Durango Nordic Center, Purgatory Recreation I, LLC, J.M. Boyce Lake Land Holdings, LLC, and Purgatory Metropolitan District and all of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, shareholders and the United States, including all of its agencies and departments, (each hereinafter a “Released Party””) for any property damage (including but not limited to equipment damage), injury or loss to the Undersigned, including death, which Undersigned may suffer, arising in whole or in part out of Undersigned’s participation in the Activity. By agreeing not to sue, the Undersigned is/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 Undersigned’s participation in the Activity, including, but not limited to, those claims based on any Released Party’s alleged or actual NEGLIGENCE, VIOLATION OF the ACT or BREACH of any CONTRACT and/or express or implied WARRANTY.
By execution of this Agreement, the Undersigned also AGREE/S 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 Undersigned’s participation in the Activity or from the Undersigned’s violation of this Agreement in any way, including making or filing any claim or legal action.
In consideration for allowing Undersigned to participate in the Activity, the Undersigned AGREE THAT ANY AND ALL CLAIMS for injury and/or death arising from the Undersigned’s participation in the Activity shall be GOVERNED BY COLORADO LAW and EXCLUSIVE JURISDICTION of any claim shall be the DISTRICT COURT OF LA PLATA COUNTY, COLORADO.
In the case of a minor Undersigned, 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 Undersigned, 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 Undersigned would not be permitted to participate in the Activity.
By signing this Agreement without a parent or legal guardian’s signature, Undersigned, 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 Undersigned, signing adults represent that they are a legal parent or guardian of the minor Undersigned.
The Undersigned understand/s and acknowledge/s 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.
The Undersigned give/s FULL PERMISSION for the Released Party to use ANY AUDIO OR VISUAL MATERIALS of Undersigned or minor taken at the Durango Nordic Center and by signing below, Undersigned release/s the use of any audio or visual materials taken, or on file, and for any uses by the Released Party of myself or the minor for whom I am signing. I understand that all said images and sound recordings shall constitute the property of the Released Party, solely and completely.
In the event this Participation Agreement, Release and Assumption of Risk involve a Undersigned under the age of 18 years old it must be signed by a parent or legal guardian of such Undersigned. Such signator, on behalf of him/her also agrees to release DNSC from any and all claims that he/she might otherwise possess and further agrees to defend and indemnify DNSC for all claims asserted by or on behalf of or otherwise arising from injury or death to the Undersigned.