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BCC Waiver 2024

BOULDER CLIMBING COMMUNITY

ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT

Read Carefully.  This Assumption of Risk and Release of Liability Agreement (“Agreement”) is a release of liability and waiver of legal rights.

1.              Activity and Associated Risks. I have chosen to participate in the event or activity organized by the Boulder Climbing Community (“BCC”), which may include any of the following: climbing, volunteer activity, event, fundraiser, clinic, trail clean up or maintenance, transportation to or from such activity or event, or any other event or activity organized by the BCC (“Activity”).  I understand that the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH. I acknowledge that the Activity may be inherently dangerous and fully realize the inherent and other dangers of participating in the Activity, which may include, without limitation, the following: falls, falling rocks, adverse weather, fatigue, exhaustion, injuries from my lack of fitness or conditions, hostile or aggressive wildlife, equipment failures, limited access to and/or delay of medical attention, and negligence of others.

            I acknowledge that the description of the dangers and risks listed above in Section 1 is NOT complete and that participating in the Activity may include other risks, including, without limitation, the acts, omissions, representations, carelessness, and negligence of the Released Parties, as defined below.

2.              Assumption of the Risks. I hereby personally assume all risks, whether foreseen or unforeseen, in connection with the Activity, for any harm, injury or damage that may befall me while I participate in the Activity, including the risk of negligence of any party or participant, including the Released Parties.

3.              Release of Liability. I hereby release the BCC and its officers, directors, volunteers, agents, and contractors, the providers of any equipment used in the Activity, insurance providers, sponsors, land owners, municipal or governmental providers of use permits, and their respective employees, officers, and directors (collectively, the “Released Parties”) from any and all actions, suits, claims, damages, and liabilities (including attorney fees and costs) that arise in any way from any injury, death, loss or harm that occur to me or to any other person or to any property during the Activity, or in any way related to the Activity. This release includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities, whether brought by myself, my spouse, heirs, administrators or assigns.  I also agree not to sue or to make a claim against the Released Parties  for death, injuries, loss, or harm that occur during the Activity or are related in any way to the Activity.

4.              Release and Indemnification. I promise to indemnify, hold harmless, and defend the Released Parties (as defined in Section 3 above) against any and all claims to which Section 3 of this Agreement applies, including claims for their own negligence.  I also promise to indemnify, hold harmless, and defend the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activity.  In accordance with these promises, I agree to reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorneys’ fees, that they incur because of any such claims made against them.  I agree that in the event of my death or disability, the terms of this Agreement, including this Section 4, will be binding upon my estate, personal representative, executor, administrator, or guardian. 

5.              Medical Care. I authorize the Released Parties to call for medical care if, in their sole opinion, medical attention is needed.  I agree to pay all costs associated with such medical care and related transportation.

6.              Use of My Likeness. I understand that during the Activity I may be photographed or videotaped. To the fullest extent permitted by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant the BCC and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or in part, in any form, without restrictions, and for any purpose whatsoever. 

7.              Miscellaneous. I agree that while participating in the Activity, I will not engage in any activity that is prohibited or illegal by any applicable law. I also agree that this Agreement will be governed by and construed with the laws of the State of Colorado, without any reference to its choice of law rules. I further agree that this Agreement will be binding upon my subrogors, distributors, heirs, next of kin, and personal representatives. 

I have fully read and understand this Agreement, and sign this document on behalf of myself and my heirs.   I further agree that no oral representations, statements, or other inducements to sign this document have been made other than what may be contained in this document.  I further understand that this document is a contract that affects my legal rights.

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