PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS AN ACKNOWLEDGMENT OF RISK AND A RELEASE OF CERTAIN CLAIMS AND A WAIVER OF CERTAIN LEGAL RIGHTS.
"PARENT" MEANS THE UNDERSIGNED PARENT OR LEGAL GUARDIAN SIGNING ON BEHALF OF HIM/HERSELF AND ON BEHALF OF THE MINOR CHILD ("CHILD") NAMED BELOW. "CLUB" MEANS THE ASPEN VALLEY SKI/SNOWBOARD CLUB. "ASPEN" MEANS THE ASPEN SKIING COMPANY, LLC, THE HINES HIGHLANDS LIMITED PARTNERSHIP AND THE ASPEN HIGHLANDS MOUNTAIN LLC ("ASPEN").
PARENT AND CHILD UNDERSTAND AND ACKNOWLEDGE THAT SKIING, SNOWBOARDING, AND PARTICIPATING IN VAROUS PROGRAMS AND RELATED ACTIVITIES OF THE CLUB, INCLUDING BUT NOT LIMITED TO SKIING, SNOWBOARDING, TRAINING, COMPETITION, WORKING WITH COURSE-RELATED EQUIPMENT, USING CLUB FACILITIES AND TRAVEL ("CLUB ACTIVITY") AND THE USE OF SKI AREA FACILITIES CAN BE HAZARDOUS, DANGEROUS, AND INVOLVE A RISK OF PHYSICAL INJURY OR DEATH.
Parent and child acknowledge and understand that the child, as a "skier" under Colorado law, ASSUMES THE RISK of any injury resulting from any of the inherent dangers and risks of skiing. Parent and child understand that SAFETY is very important to the Club and participants in Club activities and acknowledge they have been given a copy of the Club's Participant Expectations which discusses the Skier/Boarder Responsibility Code and the Colorado Ski Safety Act. Parent and Child understand that with respect to courses for competition and training for competition, Child is entitled and expected to conduct a reasonable visual inspection of the course prior to participating in the training or competition. Parent and Child agree and understand that the Child will be held to assume the risk of all course conditions, including, but not limited to, weather and snow conditions, course construction, layout and obstacles after Child performs the inspection. Parent understands and agrees that Child may ride ski lifts without being accompanied by an adult and Parent hereby gives permission for the Child to ride ski lifts without being accompanied by an adult.
PROVIDING MEDICAL INSURANCE FOR CHILD
Parent warrants and represents that the Child is in good health and there are no special instructions regarding the Child which have not been listed on the registration form. Parent and Child acknowledge and agree that the Child has the physical dexterity and knowledge to safely load, ride and unload ski lifts. Parent has and agrees to maintain valid and sufficient medical and accident insurance for the Child throughout the time that the Child participates in any Club activities. The undersigned Parent understands that this is his/her sole responsibility, and RELEASES the Club and Aspen from any claim and/or responsibility for providing such coverage for the Child.
MEDICAL CARE, TRANSPORTATION
Parent authorizes the Club and the Aspen Skiing Company and the operator of any other ski area where a Child may participate in a Club activity and their authorized personnel to obtain medical care for the Child or to transport the Child to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Parent agrees that upon the Child's transport to any such medical facility or hospital that the Released Parties shall not have any further responsibility to the undersigned Parent or Child. Further, the Parent agrees to pay all costs associated with such medical care and related transportation provided for the Child and agrees to indemnify and hold harmless the Released Parties from any costs or claims arising from such medical care and related transportation.
RELEASE OF CHILD'S RIGHTS
The undersigned Parent HEREBY COMPLETELY RELEASES AND HOLDS HARMLESS the Club, Aspen, the Aspen Winter Sports Foundation, the FiveTrees Metropolitan District, the United States Forest Service, and their subsidiaries, representatives, agents, affiliates, officers, directors, shareholders, parent companies, servants, employees and volunteers (collectively the "Released Parties") from ANY AND ALL CLAIMS OF ANY NATURE OR ANY KIND FOR INJURY, OR DEATH to Child or Child's property that may be sustained in connection with Club Activity, INCLUDING ANY INJURY, DEATH OR DAMAGE THAT RESULTS FROM NEGLIGENCE of the Released Parties. The undersigned Parent understands that if Child is injured or killed, or property of Child is damaged in connection with Club Activity, that neither Parent nor Child has a right to make a claim or file a lawsuit against any of the Released Parties, in accordance with CRS 13-22-107. The undersigned Parent further AGREES TO DEFEND AND INDEMNIFY AND HOLD HARMLESS the Released Parties from any and all claims brought by third parties which arise in whole or in part from the Child's participation in any Club Activity.
RELEASE OF PARENTS' RIGHTS
The undersigned Parent ALSO COMPLETELY RELEASES AND HOLDS HARMLESS the Club, Aspen, the Aspen Winter Sports Foundation, the FiveTrees Metropolitan District, the United States Forest Service, and their subsidiaries, representatives, agents, affiliates, officers, directors, shareholders, parent companies, servants, employees and volunteers (collectively the "Released Parties") from ANY AND ALL CLAIMS OF ANY NATURE FOR ANY KIND OF INJURY, OR DEATH to Parent or Parent's property that may be sustained in connection with Club Activity, INCLUDING ANY INJURY, DEATH OR DAMAGE THAT RESULTS FROM NEGLIGENCE of the Released Parties. The undersigned Parent understands that if Parent is injured or killed, or property of Parent is damaged in connection with Club Activity, that Parent has no right to make a claim or file a lawsuit against any of the Released Parties.
Parent and Child agrees that they will accept and abide by the rules and regulations of the Aspen Valley Ski/Snowboard Club and the Aspen Skiing Company and any other rules or regulations imposed by the organizers of any particular event in which Parent and/or Child participate.
In consideration of engaging in Club Activities and using the ski areas of the Aspen Skiing Company, PARENT, on behalf of him/herself and his/her Child, agrees that all claims for injury and/or death for Parent or Child shall be GOVERNED BY THE LAW OF THE STATE OF COLORADO AND EXCLUSIVE JURISDICTION for any such claim shall be in County or District Court of Pitkin County, Colorado.
This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable. The undersigned Parent or legal guardian acknowledges that he/she is signing this Agreement on behalf him/herself and on behalf of the Child, who is a minor, and that the Child is bound by all the terms of this Agreement. This Agreement shall be binding upon the Parent's and Child's assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.