Release of Liability, Waiver of Rights, Assumption of Risks and Indemnity Agreement For No Snow Tiny Conf West
I, (“Participant”), hereby acknowledge that I have voluntarily elected to participate in the No Snow Tiny Conference West (hereafter referred to as the “Conference”) organized and run by Dave Rodenbaugh (hereafter referred to as "RODENBAUGH") to be held in and around Breckenridge, CO, during the days of Sep 26-29, 2022 (or any alternate dates selected by RODENBAUGH). I hereby acknowledge and agree to the following:
ELECTIVE PARTICIPATION. I acknowledge that my participation is elective and voluntary.
RULES AND REQUIREMENTS. I agree to conduct myself in dignified manner and agree to abide by all the rules and requirements of the Conference Organizers (RODENBAUGH). I acknowledge that RODENBAUGH has the right to terminate my participation in the Conference if it is determined that my conduct is detrimental to the best interests of the group, my conduct violates any rule of the Conference, or for any other reason in RODENBAUGH’S discretion. I further understand and agree that RODENBAUGH is not responsible for any injury or damage that I sustain if I travel independently or am otherwise separated or absent from CONFERENCE activities. I acknowledge that I am solely responsible for any legal problems I encounter with any person, municipality, or company and RODENBAUGH is not responsible for providing any assistance under those circumstances.
INFORMED CONSENT. I have been informed of and I understand the various aspects of the Conference, including but not limited to the fact that the Conference will be held in and around Beaver Creek, CO area, and road and weather conditions are unknown and can be hazardous. I further understand that as a Participant I could sustain personal injuries, property damage, or even death as a consequence of boating, hiking, mountain biking, skiing, snowboarding or other activities, or traveling back and forth to the event and the lodging.
I am aware of and understand the risks and dangers associated with any activities I undertake which are not associated with the Conference or controlled by RODENBAUGH, such as biking, hiking, boating, skiing, independent travel during free periods, periods of time extending beyond the termination of the Conference or other periods in which I am not participating in Conference activities. I further understand and agree that any injury, illness, property damage, disability, or death that I may sustain by any means is my sole responsibility except for those occurrences due to RODENBAUGH's intentional acts.
RELEASE AND WAIVER OF LIABILITY, INDEMNIFICATION. I, on behalf of myself, my personal representatives, heirs, executors, administrators, agents, and assigns, HEREBY RELEASE, WAIVE, DISCHARGE, AND HOLD HARMLESS & AGREE TO INDEMNIFY & DEFEND RODENBAUGH, its owners, employees, agents, and volunteers (collectively “Releasees”) for any and all liability, including any and all claims, demands, causes of action (known or unknown), suits, or judgments of any and every kind (including attorneys' fees), arising from any injury, property damage or death that I may suffer as a result of my participation in the Program, REGARDLESS OF WHETHER THE INJURY, DAMAGE, OR DEATH OCCURS WHILE IN, ON, UPON, OR IN TRANSIT TO OR FROM THE LODGING OR SKI AREA WHERE THE ACTIVITY, OR ANY ADJUNCT TO THE ACTIVITY, OCCURS OR IS BEING CONDUCTED. I further agree that the Releasees are not in any way responsible for any injury or damage that I sustain as a result of my own negligent acts.
ASSUMPTION OF RISK: I understand that there are potential dangers incidental to my participation in the Conference, some of which may be dangerous and which may expose me to the risk of personal injuries, property damage, or even death. I KNOWINGLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE ACTS OF THE RELEASEES, UNLESS THEY ARISE FROM THE RELEASEES’ INTENTIONAL ACTS, and I assume full responsibility for my participation in the Program.
PERSONAL BELONGINGS: I understand and acknowledge that RODENBAUGH is not responsible for the loss of any personal belongings or property that I sustain during my participation in the Conference including but not limited to the loss of credit cards, cash, luggage, and other items.
PERSONAL MEDICAL INSURANCE. I understand and certify that I have adequate health, accident, and hospitalization insurance coverage during participation in the Conference. I understand the importance of having this coverage and agree to obtain sufficient insurance.
MEDICAL CONSENT. I understand and agree that Releasees do not have medical personnel available at the location of the Lodging. In the event of any medical emergency, I do authorize and consent to any x-ray examination, anesthetic, medical, dental or surgical diagnosis or treatment, and hospital care that the ski area or emergency personnel deem necessary for my safety and protection. I understand and agree that Releasees assume no responsibility for any damage or injury, including death, which might arise out of or in connection with such authorized emergency medical treatment.
CHOICE OF LAW: I hereby agree that this Agreement shall be construed in accordance with the laws of the State of Colorado.
I understand that I may seek legal counsel of my own choosing to fully explain any terms of this Agreement to me before I sign it.
SEVERABILITY: If any term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law governing this Agreement the validity of the remaining portions shall not be affected thereby. Any dispute arising with regard to the interpretation of, or otherwise relating to, this Agreement shall be submitted to binding arbitration in Denver, Colorado in accordance with the rules of the American Arbitration Association. Same shall serve as the exclusive remedies for redress of any nature sought in relation to this agreement.
1. PARTICIPANT understands and agrees:
A. PARTICIPANT must make and pay for all travel arrangements to travel to Conference.
B. To stay in the specific lodging chosen by RODENBAUGH.
C. Participant is responsible for any damage caused to the lodging facility during the stay and will follow the accommodation rules of the lodging facility.
D. To abide by all local, state, and federal laws;
E. All deposits are non-refundable and no refunds of any deposits will be made for any reasons.
F. I am over the age of twenty-one (21).