About This Activity
Description
Town of Breckenridge Recreation Department Release of Liability and Indemnification Agreement (Participant Must Read Carefully Before Signing!)
Minor Child
I want my minor child named below (“my “Minor Child”) to use a Town of Breckenridge Recreation Center (the “Town Facility”). In consideration of the Town of Breckenridge (the “Town”) permitting my minor child to use the Town Facility, I hereby acknowledge, represent, and agree with the Town ON BEHALF OF MY MINOR CHILD as follows:
I am aware that using the Town Facility may be dangerous, and does or may involve risks of serious bodily injury, sickness, coronavirus (COVID-19), disease, death, and property loss or damage. I am also aware that such risks may arise from a variety of foreseeable and unforeseeable circumstances.
Specifically, I have been advised and I understand that:
· ENGAGING IN STRENUOUS ACTIVITIES AT BRECKENRIDGE’S HIGH ALTITUDE POSES HEALTH RISKS, INCLUDING, BUT NOT LIMITED TO, BREATHING AND CARDIAC DIFFICULTIES.
· USE OF THE TOWN FACILITY INVOLVES BEING PHYSICALLY ACTIVE IN AN ENVIRONMENT THAT PRESENTS INHERENT RISKS. THE INDOOR ENVIRONMENT AT THE TOWN FACILITY INCLUDES EXPOSURE TO CONDITIONS TYPICAL OF A GYMNASIUM OR FITNESS CENTER. PERSONS USING THE TOWN FACILITY ARE SUBJECT TO THE ACTIONS OF OTHER PERSONS WHOSE BEHAVIOR IS UNPREDICTABLE.
· EQUIPMENT USED AT THE TOWN FACILITY MAY BREAK, FAIL OR MALFUNCTION, DESPITE REASONABLE MAINTENANCE AND USE. SOME OF THE EQUIPMENT THAT IS AVAILABLE FOR USE AT THE TOWN FACILITY MAY INFLICT INJURIES EVEN WHEN USED AS INTENDED. PERSONS USING EQUIPMENT AT THE TOWN FACILITY MAY LOSE CONTROL OF SUCH EQUIPMENT AND CAUSE INJURY TO THEMSELVES OR OTHERS.
I know that it is impossible to provide in this Agreement a complete list of all risks, inherent or otherwise, associated with the use of the Town Facility, and that the list of risks contained in this Agreement is not an exhaustive list of all of the ways that my Minor Child could suffer bodily injury, personal injury, sickness, disease, death, and property loss or damage in connection with my Minor Child’s use of the Town Facility.
I agree that the Town, its officers, employees, insurers, and self-insurance pool (who are together called the “Released Parties” in this remainder of this Agreement) are NOT RESPONSIBLE for my Minor Child’s safety in connection with my use of the Town Facility.
Being fully aware that risks, conditions, and hazards are associated with my Minor Child’s use of the Town Facility, and that certain risks, conditions and hazards associated with my Minor Child’s use of the Town Facility may be unknown by me when I sign this Agreement, I agree to:
1. ACCEPT AND ASSUME FULL RESPONSIBILITY FOR THE RISKS, conditions and hazards occurring during my Minor Child’s use of the Town Facility, whether they are known or unknown at the time I sign this Agreement.
2. WAIVE, RELEASE and DISCHARGE, in advance, the Released Parties from any and all liability for any bodily injury, personal injury, sickness, disease, death, and property loss or damage that may accrue to me or my Minor Child after signing this Agreement as a result of my Minor Child’s use of the Town Facility, whether such injury, loss or damage was foreseeable or not, even though such liability may arise out of the act, omission, negligence, carelessness or other fault of the released parties, or from any other cause.
3. HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties from any and all liability for bodily injury, personal injury, sickness, disease, death, and property loss or damage legally arising or caused by my Minor Child’s use of the Town Facility, even though such liability may arise out of the act, omission, negligence, carelessness or other fault of the town, its officers or employees, or from any other cause.
I understand and agree that this Agreement is to be interpreted in accordance with the laws of the State of Colorado without regard to its conflict of law principles, and that any lawsuit or legal claim arising under this Agreement may properly be filed in the state courts of Summit County, Colorado.
Finally, I agree that I my Minor Child will abide by all of the rules and regulations of the Town in connection with his or her use of the Town Facility, and I understand that my Minor Child may lose the privilege of using the Town Facility if he or she fails to do so.
This Release of Liability and Indemnification Agreement is effective as of the date set forth below and is binding upon me and my heirs, successors, personal representative, and executor.
Age Category
Adult
Skills
Beginner
Intermediate
Climbing-Top Rope
Elite Climbing Team
Advanced Climbing Team
Intermediate Youth Climber
Location
Breckenridge Recreation Center Loby
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