COVID-19 WAIVER AND RELEASE
“Activity” means any 2020/2021
Crested Butte Nordic Team Program. “Participant” means each individual listed
on this form participating in or volunteering for the above stated activity,
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 and on behalf of the minor Participant. The
Activity is being operated in accordance with regulations and Public Health
Orders from the State of Colorado and Gunnison County that pertain to COVID-19
(the “Pandemic”). In order for Provider
to create a safe and memorable experience for participants, each participant
must take certain precautions to mitigate the spread of the Pandemic, including
those below:
1.
Participants Agree to Practice CDC and
Colorado Department of Public Health and Environment (“CDPHE”) Prevention
Guidelines. Participant
shall wear face coverings at all times except when on the trails actively
skiing, this incles arrival and departure from the Activity. Participant agrees to wash or sanitize hands
before the Activity begins and to sneeze or cough into an elbow or sleeve. At
all times necessary, Participant
agrees to practice Center for Disease Control (“CDC”) recommendations of social
distancing. Participant agrees to stand six feet apart from other participants,
coaches and parent volunteers. Participant
agrees to refrain from touching other persons and sharing or passing items
between participants and shall practice social distancing with other passersby.
2.
Confirmed Understanding of Risks. Participant, by execution of this Agreement, represents and
warrants that they understand and acknowledge the risks and dangers associated
with participating in activities during the Pandemic, including without
limitation, the potential for serious sickness and disease, permanent
disability and loss of life; situations beyond the immediate control of the
Provider; and other undefined, not readily foreseeable and presently unknown
risks and dangers (“Risks”). Participant, by execution of this Agreement,
affirms that they understand that these Risks may be caused in whole or in part
by their own actions or inactions, the actions or inactions of others
affiliated with the Activity, or the negligent acts or omissions of the
Released Parties defined below, and Participant hereby expressly assumes all
such Risks and responsibility for any damages, liabilities, losses or expenses
which are incurred as a result of their participation in the Activity.
3.
Release. To the fullest
extent permitted by law, and in exchange for the ability to participate in the
Activity, Participant hereby Releases, Waives and Covenants Not to Sue, and
further agrees to Indemnify, Defend and Hold Harmless, Release, Defend,
Indemnify and not sue the Coaches or
Parent Volunteer; the Crested Butte Nordic Council;
the Town of Crested Butte; 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”), with respect to any liability, claim(s),
demand(s), cause(s) of action, damage(s), loss or expense (including court
costs and attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any
way to my participation in the Activity, including claims for Liability caused
in whole or in part by the negligent acts or omissions of the Released Parties
or the failure of other participants to abide by CDC and CDPHE guidelines. Participant further agrees that if, despite
this Agreement, they, or anyone on their behalf, makes a claim for Liability
against any of the Released Parties, Participant will indemnify, defend and
hold harmless each of the Released Parties from any such Liabilities which any
may be incurred as the result of such claim.
4.
Fair and Adequate Consideration.
Each party acknowledges that the consideration given or received in this
Agreement is fair and adequate consideration for the covenants, undertakings
and forbearances made, as part of this Agreement.
I hereby warrant that I have read this
Agreement carefully, understand its terms and conditions, acknowledge that I
will be giving up substantial legal rights by signing it, and intend for my
signature to serve as confirmation of my complete and unconditional acceptance
of the terms, conditions and provisions of this Agreement.