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Waiver of Liability Master

ASSUMPTION OF RISK, RELEASE, INDEMNITY AND WAIVER OF LIABILITY AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING THIS AGREEMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR RECOVER DAMAGES IN THE EVENT OF INJURY, DEATH, OR PROPERTY DAMAGE. YOUR SIGNATURE ON THIS AGREEMENT INDICATES YOU UNDERSTAND THE AGREEMENT AND AGREE TO ITS TERMS.

In consideration of being allowed to participate in watersport events and activities and/or being provided with watersport recreational property or services, for myself and any minor children for whom I am parent, legal guardian or otherwise responsible, and for my / our heirs, personal representatives, next-of-kin, spouses, or assigns: I HEREBY:

ACKNOWLEDGEMENT OF Acknowledge that some, but not all, of the risks of participating in the watersport activity include:
1. Changing water flow, tides, currents, wave action, and ships’ wakes;
2. Collisions with any of the following: other participants, the watercraft, other watercraft, and manmade or natural objects:
3. Wind shear, inclement weather, lightning, variances and extremes of wind weather and temperature;
4. My sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions;
5. Collision, capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, hypothermia, and/or drowning;
6. The presence of insects and marine life forms;
7. Equipment failure or operator error;
8. Heat or sun related injuries or illnesses, including sunburn, sunstroke or dehydration; and,
9. Fatigue, chill and/or dizziness which may diminish my / or our reaction time and increase the risk of an accident.
EXPRESS ASSUMPTION OF RISK AND ACKNOWLEDGE AND UNDERSTAND THAT WATERSPORTS ARE INHERENTLY DANGEROUS ACTIVITIES AND INVOLVES RISKS THAT MAY CAUSE SERIOUS INJURY AND IN SOME CASES DEATH. I knowingly and voluntarily assume and accept all of the risk and danger of injury or death inherent in the participation of watersport events and activities and use of equipment provided by Releasees and agree to assume responsibility for all the risks of the activity, whether identified above or not, (EVEN IF THOSE RISKS ARISE OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED BELOW).
My / our participation in the activity is purely voluntary. I assume full responsibility for myself and any of my minor children for whom I am responsible, for any bodily injury, accident, illness, paralysis, death, loss of personal property, damages, and expenses thereof that arise from my /our participation in watersports events and activities or equipment rental provided by Releasees (EVEN IF CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE OF THE RELEASEES NAMED BELOW).
RELEASE AND WAIVER. I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Colorado Watersports, LTD., its owners, principals, directors, officers, agents, employees, representatives, and agents (collectively referred to herein as “Releasees”) FROM AND FOR LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN AND OTHER PERSONS as a result of my/our participation in the activity, EVEN IF CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF).
INDEMNIFICATION AND HOLD HARMLESS. I hereby agree to INDEMNIFY, DEFEND, AND HOLD the Releasees HARMLESS from any and all claims, actions, suits, procedures, causes of action, judgments, costs, expenses, damages and liabilities including, but not limited to, attorneys’ fees arising from or in any way related to my /our participation in watersport activities or events or equipment rentals from Releasees, with the exception of those arising out of willful misconduct, gross negligence or intentional torts of the parties hereto. By agreeing to indemnify the Releasees for the acts, occurrences, and expenses described herein, I am knowingly and voluntarily agreeing that I may be required to reimburse or pay the cost of a legal defense of representation for the Releasees for any expense or actions Releasees may have to take or incur that arises out of my / our participation in the watersports activities or events or equipment rentals.
RULES. I hereby agree to adhere to the following rules and understand that any violation of these rules may result in Colorado Watersports LTD requiring me to immediately terminate my participation or equipment rental:
- - - I /We will wear a US Coast Guard approved personal flotation device at all times while participating in any watersport activities or events or when riding in any watercraft.
    - I/We will stay within the no wake zone.
    - I/We will wear my/our ankle strap at all times while paddleboarding.
    - I/We understand that Colorado Watersports . utilizes an airhorn system and agree to stay close to the tents and trailers when one (1) long blast is heard and to exit the water immediately if five (5) short blasts are heard.
      
      I affirm that the rules set forth above were explained to me by Colorado Watersports .
PHOTO I hereby authorize Colorado Watersports. To publish photographs or videos taken of me, or persons under my legal guardianship, for use in Colorado Watersports print and online publications, as well as by any outside third party interests. In consideration for my voluntary participation in publications produced by Colorado Watersports, or any other third party interests, I agree that I will receive no financial compensation. Furthermore, I agree that participation in any print or online publication produced by Colorado Watersports, or any outside third party interests, confers no ownership or special rights whatsoever. I release Colorado Watersports, its employees, and any outside third party interests from any claims of responsibility by me in connection with my participation in the production of these photographs or videos.
I HAVE READ THIS ASSUMPTION OF RISK, RELEASE, INDEMNITY, AND WAIVER OF LIABILITY AND HAVE HAD THE OPPORTUNITY TO CONSIDER AND ASK QUESTIONS ABOUT THE SAME . I UNDERSTAND THAT BY SIGNING THIS DOCUMENT, I AM WAIVING VALUABLE LEGAL RIGHTS, INCLUDING ANY AND ALL RIGHTS I MAY HAVE AGAINST THE OWNER, THE OPERATOR NAMED ABOVE, OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, OR ASSIGNS.

I/We understand that I/we am signing this agreement freely and voluntarily and that if I/we do not agree with the terms of this Agreement, I/we do not have to sign below and understand that in such an event I/we will not be permitted to participate but will be provided a refund of any payment submitted.

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Signed by Colorado Watersports
Signed On: November 15, 2024

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February 9, 2023 11:42 am MST

Waiver of Liability Master Uploaded by Colorado Watersports - admin@coloradowatersports.com IP 76.223.228.214