ASSUMPTION OF RISK, WAIVER and RELEASE
NOTICE: Participants, coaches, officials and volunteers may be subject to a background check, following the laws and guidelines for Colorado. These checks may include appropriate inquiries regarding any previous record of sexual abuse. Organizers reserve the right to bar the participant or involvement in this program of event if it is reported to and confirmed by organizers that the participant or volunteer is a registered sex offender.
In consideration of being allowed to participate and/or volunteer in the Colorado Springs Sports Corp (CSSC) related events and activities, the undersigned appreciates, acknowledges and agrees to the following:
Regardless of the care taken to provide safe activities and to avoid injuries, some risks are inherent in the activity and cannot be totally eliminated without changing the nature of the activity. These risks are usually called inherent risks. A number of common inherent risks (but by no means, all) that might be present in one or more of the events/activities offered include: heat related illnesses (e.g., heat stroke, heat exhaustion, heat cramps); over-exertion, (e.g., long runs, all-out effort, continuing after severe fatigue); slips or falls due to imperfect playing surfaces (e.g., wet spot on basketball court, wet fields or surface from rain, uneven paths); being struck by an object (e.g., ball, puck, bat, hockey stick, lacrosse stick, bike); collisions (e.g., with walls, tables, participants, spectators, officials, bikes, trees); contact with co-participants or competitors (e.g., blocking, rebounding, racing, martial arts moves); trips or falls (e.g., rebounding, when blocked, diving for a ball, slips on slick playing surfaces, from bikes); drowning; and other inherent risks (e.g., participant-related [participant failure to adhere to posted rules or warnings; careless, erratic, or negligent acts by co-participants]; facility/equipment-related [e.g., unexpected equipment failure; unknown facility hazards or defects]; personnel-related [e.g., errors in judgment by staff and commissioners, game officials, or volunteers -- including, but not limited to, misjudging participant abilities or fitness, misjudging weather conditions, failure to give adequate warnings or instructions, concentration lapses while supervising]; and other special activities.
CSSC feels that it is important that the PARTICIPANT OR VOLUNTEER understand that three types of injuries can occur. Minor injuries are the most common and include, but are not limited to, muscle soreness, headaches, sprains, abrasions, cuts, black eyes, blisters, and bruises. Serious injuries are less common, but can occur occasionally. They include, but are not limited to, broken bones, concussions, torn ligaments or cartilage, eye injuries, cuts, broken teeth, and internal injuries. Catastrophic injuries are very rare; but CSSC feels that every PARTICIPANT OR VOLUNTEER should be aware of the slight possibility. These infrequent injuries include permanent disability, brain injury, paralysis, blindness, and even death
Assumption of Inherent Risks: I, the PARTICIPANT OR VOLUNTEER assume the inherent risks associated with the program of events. I, the PARTICIPANT OR VOLUNTEER, understand that all activities of CSSC include inherent risks that cannot be totally eliminated regardless of the care taken by CSSC. I, the PARTICIPANT OR VOLUNTEER, 1) know, 2) understand, and 3) and appreciate the types of injuries inherent in CSSC activities. I, the PARTICIPANT OR VOLUNTEER, hereby assert that participation is voluntary and the PARTICIPANT OR VOLUNTEER knowingly assume all inherent risks of the activity.
Waiver of Liability for Ordinary Negligence of CSSC: In consideration of permission to participate in CSSC activities, today and on all future dates, I, the PARTICIPANT OR VOLUNTEER, on behalf of myself, my spouse, heirs, executors, administrators, personal or legal representatives, and assigns (hereafter referred to as the Releasing Parties) do hereby waive, release, covenant not to sue and discharge CSSC [National Congress of State Games, Colorado Springs Sports Corporation, National Governing Bodies, El Paso County, City of Colorado Springs, Rocky Mountain State Games, corporate partners, directors, board members, officers, employees, volunteers, independent contractors, agents, equipment suppliers, and owners of all venues] (hereafter referred to as the Protected Parties) from liability from any and all claims, demands, and actions of every name and nature including those arising from the ordinary negligence of the Protected Parties.
This agreement applies to 1) personal injury (including death) from incidents or illnesses arising from participation in CSSC activities including, but not limited to: the opening ceremony activities; recreational, practice, or competitive activity; events; organized or individual training and conditioning activities; as an observer or spectator; and individual use of all facilities. This applies to all facilities, fields, equipment, and all other venues or premises including the associated sidewalks and parking lots and to 2) any and all claims resulting from the damage to, loss of, or theft of property.
Indemnification: I, the PARTICIPANT OR VOLUNTEER, also agree to hold harmless, defend, and indemnify CSSC (that is, defend and pay any judgment and costs, including investigation costs, attorney’s fees, and related expenses) from any and all claims of Releasing Parties or others acting on my behalf, arising from participation in CSSC Activities, (including those arising from the inherent risks of the activity or the ordinary negligence of Protected Parties).
I, the PARTICIPANT OR VOLUNTEER, further agree to hold harmless, defend, and indemnify CSSC against any and all claims of co-participants, rescuers, and others arising from the conduct of the participant in CSSC activities.
It is my intent as a participant or volunteer in the Colorado Springs Sports Corp sanctioned activities, while participating during activities including any pre-event or post-event activities at various locations across the Pikes Peak region that I am agreeable to the following:
I acknowledge that I am aware that there are risks to me of exposure to directly or indirectly arising out of, contributed to, by, or resulting from:
·An outbreak of any and all communicable disease, including but not limited to, the virus “severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)”, which is responsible for Coronavirus Disease (COVID-19) and/or any mutation or variation thereof;
In consideration of having the opportunity to participate as either a participant or volunteer at location, and in acknowledging that I am aware of and willing to assume the risks associated with this activity, I hereby voluntarily agree to waive, hold harmless and indemnify Colorado Springs Sports Corp and its trustees, agents, volunteers, sponsors and employees from any and all claims, demands, damages and causes of action of any nature whatsoever arising out of ordinary negligence which I, my heirs, my assigns or successors may have against them for, on account of, or by reason of my participation in the above activities. I indicate my agreement to this hold harmless elective noted below.
Clarifying Clauses: I, the PARTICIPANT OR VOLUNTEER confirm that:
1) This agreement supersedes any and all previous oral or written promises or agreements. I understand that this is the entire agreement between me and CSSC and that it cannot be modified or changed in any way by representations or statements by any agent or employee of CSSC.
2) The foregoing Assumption of Risk, Waiver of Liability, Indemnification Agreement, and Covenant Not to Sue is intended to be as broad and inclusive as is permitted by the laws of the State of Colorado and that if any portion thereof is held invalid, it is agreed that the balance shall continue in full legal force and effect.
3) If legal action is brought, either the state court for El Paso County, Colorado has the sole and exclusive jurisdiction and that only the substantive laws of the State of Colorado shall apply.
Acknowledgements to Promote Participant Safety: These affirmations aid CSSC in providing for the health and safety of the participant or volunteer.
Health Status. The participant or volunteer affirms that he or she; Possesses no health problems or physical disabilities that would make participation unwise or risk injury; Understands that CSSC advises all participants to seek medical clearance prior to participation; Understands that it is his or her duty to inform staff and cease exercise immediately if there is any unusual discomfort (e.g., faintness, shortness of breath, high anxiety, chest pains) during participation; Acknowledges that he/she is aware of “Jake Snakenberg Youth Concussion Act” and understands that information is available at cssrc.colorado.gov; Possesses sufficient skills, experience in the activity, coordination, and fitness to safely participate.
Medical Care. The participant affirms that he or she; Authorizes the use of first aid by CSSC authorities if CSSC deem it is needed; authorizes the use of CPR and/or an AED if CSSC authorities deem it is needed; Authorizes CSSC to secure emergency medical care and transport if deemed necessary; Agrees to assume all cost of emergency care and transportation.
Rules and Safety. The participant affirms that he or she agrees; To report all injuries (even minor injuries) so that CSSC may make a record of the injury; To wear all recommended safety gear during participation; To follow all rules of the activity and of CSSC; To inform CSSC of any conduct or condition that creates a hazard for participants or others – and will immediately discontinue further participation in said activity; That CSSC has authority to halt my participation if it endangers the participant or others, including the right to bar any participant if it is reported and confirmed by CSSC that the registrant is a registered sex offender. CSSC has a Zero Tolerance Policy and reserves the right to disqualify or eject an individual or team for unsportsmanlike conduct from players, coaches or spectators or for any of the following reasons: false representation, use of alcohol and/or drugs, destruction of property, rules infraction, unsportsmanlike conduct or disorderly behavior. Unsportsmanlike conduct resulting in any type of altercation on the field of play, the venue grounds, etc. will result in disqualification for the entire tournament or event with no refund. Spectators affiliated with the participants are responsible for knowing and adhering to the rules and policies of the tournament. Athletes and coaches are responsible for knowing, understanding, and following the rules, policies and code of conduct for their sport(s).
Photo/Video Release. The participant or volunteer gives their permission to the event organizers for the free use of their name, likeness and/or pictures for use in broadcasts, telecasts, newspaper, etc., for the promotion of this program of events.
I HAVE READ THIS ASSUMPTION OF RISK, WAIVER AND RELEASE AGREEMENT, FULLY UNDERSTAND ITS TERMS AND SIGN IT VOLUNTARILY WITHOUT ANY INDUCEMENT.