I acknowledge that participating in the Aspen Skimo Group, involves an above-average risk of personal injury, and I knowingly and voluntarily agree to the terms and conditions outlined in this Waiver and Release from Liability (“Waiver”).
In exchange for being permitted to participate in the group and participate in all activities, I agree to the following: I am in good health and have no physical conditions that affect my ability to participate in the group and have not been advised otherwise by a medical practitioner. I am covered by medical insurance, individually or as part of an organization. I agree that I will advise group personnel of any unsafe condition that I observe on course and I will refuse to participate or continue in the group until all unsafe conditions have been remedied. I assume all risks associated with my participation in the group and the risk of injury caused by the condition of the course and any property, facilities, or equipment used during the group, which may not be reasonably foreseeable by anyone at any time. I agree not to sue Dr. John Hughes, Aspen Integrative Medicine, Cripple Creek Backcountry, the group leader(s), respective employees, agents, or volunteers (collectively “Aspen Skimo Group,”) and other group sponsors, organizers, and volunteers along with their parent companies, affiliates and their successors and assigns and their respective employees, agents, or volunteers (collectively “Companies”) for any injuries, losses, damages, claims, liabilities or expenses that are caused or alleged to be caused by their negligent or reckless acts or omissions, or the condition of the course, property, facilities or equipment used for the group.
I agree to indemnify, defend and hold harmless Aspen Skimo Group, and Companies from and against any claims, causes of action, damages, judgments, liabilities, fees (including attorney’s fees), costs and expenses incurred by Aspen Skimo Group, and Companies as a result of my unlawful actions or failure to act during the group activities.
In connection with any injury or other medical conditions I may experience during the group, I authorize medical treatment deemed necessary by medical and group personnel if I am not able to act on my own behalf. I agree not to sue any applicable medical practitioners who may provide medical treatment to me for malpractice.
I agree to conduct myself in a professional manner and treat all colleagues, participants and organizers respectfully. I realize that if disciplinary action is taken against me, I may be suspended from the group and future Aspen Skimo Groups. I agree that should a search and rescue be conducted for me, all associated costs of the search and rescue are my sole responsibility.
The terms of this Waiver and any dispute arising from or relating thereto will be governed by the laws of the state of Colorado, any litigation will be brought in the state or federal court in and for Pitkin County, Colorado, and you agree to submit to the exclusive jurisdiction of the federal and state courts of the State of Colorado located in Pitkin County.
This Waiver is a legally binding agreement and will be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. Any provisions found to be void or unenforceable shall be severed from this agreement, and not affect the validity or enforceability of any other provisions.
I have read this Waiver and I understand its content. I understand that by signing below, I have given up substantial rights. I have voluntarily signed this Waiver and make this release.