REALIZE YOUR BEAUTY, INC.:
ACKNOWLEDGMENT AND ASSUMPTION OF RISKS & RELEASE AND INDEMNITY AGREEMENT
INTRODUCTION
Please read this entire Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (hereafter “Document”) carefully before signing. For campers under 18 years of age (hereafter sometimes “minor” or “child”), one of the camper’s parents or legal guardians, or both, if available (hereafter collectively “parent/s”) must sign. In consideration of the services of Realize Your Beauty, Inc., and its owners, officers, directors, employees, agents, representatives, volunteers and all persons or entities affiliated with it, and its independent contractors, (individually and collectively referred to in this Document as “RYB”), in allowing me/my child to participate, I (parent/s of a minor camper) acknowledge and agree as follows:
ACTIVITIES, RISKS AND ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
Participating (whether attending, observing or actively participating) in RYB educational, instructional, recreation and/or adventure activities includes risks. Activities take place in Colorado, either on or off camp premises, and may be conducted or led by RYB staff, contractors or others. Activities may include, but are not limited to: hiking; backpacking; camping; swimming; interactive games and other sporting activities, socializing; outdoor cooking; camp craft, use of any equipment, facilities or premises and transportation in vans and other vehicles to and from activities or otherwise (collectively referred to in this Document as “activities”). Activities may be scheduled or unscheduled, supervised or unsupervised and include activities undertaken during camper’s free and/or independent time. I acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Document as “risks”) of these activities can cause injury, damage, death or other loss to camper or others. Parent/s give permission for their child to participate in all RYB activities and agree to discuss the nature of these activities and risks with their child. Not all risks are known or can be anticipated. The following describes some, but not all of those risks:
Risks present in an outdoor or wilderness environment.
These risks include travel in high altitude (up to or above 10,000 ft.), mountainous or wilderness terrain both on and off trail. Camper’s travel may be subject to storms, including rain, snow, lightning and strong winds; fast moving rivers or other water bodies, including river crossings, currents or whitewater; falling or slippery rocks; extremely hot or cold weather or water and rapid and unpredictable weather changes; mud slides; flooding or flash floods; falling or fallen timber; stinging, venomous and/or disease carrying animals, insects or microorganisms; poisonous plants; wild or domestic animals and other natural or man-made hazards. Hazards (both on land and above and below water level) may not be marked or visible and weather is always unpredictable.
Personal health and participation risks. Camper’s mental, physical or emotional condition (including use or abuse of alcohol or any prescription or non-prescription drugs), disclosed or undisclosed, known or unknown, combined with participation in these activities includes risks. Although RYB personnel will review camper’s submitted health and medical information, RYB cannot anticipate or eliminate risks or complications posed by camper’s mental, physical (including fitness level) or emotional condition.
Risks connected with geographic location. Activities may take place in remote locations, several hours from medical facilities, causing potential delays or difficulties in communication, transportation, evacuation and medical care. Although RYB staff or contractors may have wireless communication devices while conducting activities both on and off RYB premises, use of these devices in outdoor, mountainous or any other terrain or location is unreliable and inconsistent.
Equipment risks. The risk that equipment used in an activity may be misused, or may break, fail or malfunction. This includes camper’s personal equipment, RYB equipment or other equipment (whether purchased borrowed or rented). Campers choosing to bring and use their personal equipment (including any safety gear) assume full responsibility, along with parent/s, for choosing appropriate equipment and for the fit and condition of their equipment. Helmets or other safety gear (required or used for some activities) may prevent or lessen injuries in some instances; however, use of safety gear is not a guarantee of safety, and injury can occur even with the use of this gear.
Risks regarding conduct. The potential that the camper, or others may act carelessly or recklessly. These and other risks may result in campers: falling partway or falling to the ground or into the water; being struck by, colliding with or impacting objects, people, animals or the bottom of a water body; experiencing vehicle or boat collision, capsize or rollover; getting caught or entangled in objects above or below water; reacting to high altitudes, weather conditions or increased exertion; becoming lost or disoriented; suffering gastro-intestinal complications or allergic reactions or experiencing other problems. These and other circumstances may cause heat or cold related illnesses or conditions (including hypothermia, hyperthermia, cold water immersion, frostbite, or heat exhaustion/stroke); dehydration; hyponatremia; drowning; high altitude sickness (i.e. high altitude pulmonary or cerebral edema); heart or lung complications; broken bones; paralysis or other permanent disability; mental or emotional trauma; concussions; sunburn or other burns; illnesses (including contracting animal/insect borne or contagious diseases); infections; cuts or wounds or other injury, damage, death or loss.
I (parent/s of a camper) acknowledge and agree:
• to review and/or complete all required forms or materials received (including the Application and Terms of Agreement and Health & Physical Form), abide by the terms of those documents, and obey all RYB rules and other policies;
• RYB representatives are available should I have further questions about these activities or the associated risks;
• to disclose to RYB representatives any mental, physical or emotional condition/s or limitation/s which might affect camper’s ability to participate, and represent that camper is fully capable of participating without causing harm to herself or others;
• the information provided above is not complete, other unknown or unanticipated activities, risks, and outcomes may exist, and RYB cannot assure camper’s safety or eliminate any of these risks;
• if camper is borrowing or renting new or used equipment from RYB, the equipment comes “AS-IS,” and RYB disclaims all warranties, express or implied (including any conditions of merchantability or fitness for a particular purpose) regarding the equipment;
•camper is voluntarily participating with knowledge of the risks. Therefore, parent/s assumes and accepts full responsibility for camper, for the inherent and other risks (known and unknown, described above or otherwise) of these activities and for any injury, damage, death or other loss suffered by camper (and parent/s), resulting from those risks, including the risk of camper’s own negligence or other misconduct.
RELEASE AND INDEMNITY AGREEMENT
Please read carefully. This Release and Indemnity Agreement contains a surrender of certain legal rights.
Certain federal land agencies may restrict service providers from seeking releases of liability for negligence, for injuries or other losses occurring while operating under permit on some federal lands. Therefore, except to the extent a court determines these federal restrictions apply to RYB as a matter of law, I (parent/s for themselves and for and on behalf of their participating minor child) agree as follows:
1) to release and agree not to sue Realize Your Beauty, Inc., with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (hereafter collectively “claim” or “claim/s”) for any injury, damage, death or other loss in any way connected with my child’s enrollment or participation in these activities, including use of any equipment, facilities or premises.
I understand I agree here to waive all claims I or my child may have against RYB, bind my/my child’s estate and any family member/heir/other party bringing claims and agree that neither I, my child, nor anyone acting on my or my child’s behalf, will make a claim against RYB as a result of any injury, damage, death or other loss suffered by me or my child;
2) to defend and indemnify RYB with respect to any and all claims:
(a) brought by or on behalf of me, my child or spouse or my child’s other family member/s, heir/s or estate for any injury, damage, death or other loss in any way connected with my child’s enrollment or participation in these activities, including use of any equipment, facilities or premises; and/or
(b) brought by another camper or any other person for any injury, damage, death or other loss to the extent caused by my/my child’s conduct in the course of participating in these activities, including use of any equipment, facilities or premises.
This Release and Indemnity Agreement includes claims of or resulting from RYB’s negligence, and includes claims for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim.
OTHER PROVISIONS
I (parent/s of a minor camper) agree that Colorado law (without regard to “conflict of laws” rules or “choice of law” principles) governs this Document.
I agree that any dispute arising under, out of, in connection with, or in relation to: 1) this Application and Terms of Agreement and Acknowledgement and Assumption of Risks and Release and Indemnity Agreement; 2) my child’s participation in Camp RYB; or 3) with RYB in any respect shall be determined and settled by arbitration in the Denver, Colorado metropolitan area pursuant to the rules of the American Arbitration Association then in effect. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction. I further agree that as a condition precedent to commencing any arbitration proceeding, mandatory participation in mediation before a mediator with Judicial Arbiter Group, Inc. shall be required.
This Agreement, together with any other instruments or agreements referred to herein, constitutes the entire agreement among camper, parent/s and RYB with respect to the subject matter hereof, and there are no other representations, warranties or agreements, except as herein provided.
I further agree that should any clause, sentence, paragraph or other part of this Document be finally adjudged by any court of competent jurisdiction to be unconstitutional, invalid or in any way unenforceable, such adjudication shall not affect, impair, invalidate or nullify the Document, nor shall it serve as the basis for the rescission, avoidance or annulment of the Document, but shall affect only the clause, sentence, paragraph or other part so adjudged.
Parents/s of a minor camper agree:
I have carefully read, understand and voluntarily sign this Document and acknowledge that it shall be effective and legally binding upon me, my spouse, participating minor child and other children, and my/my child’s other family members, heirs, executors, representatives, subrogors, assigns and estate. This Agreement, together with any other instruments or agreements referred to herein, and any dispute that may arise hereunder or thereunder, shall be governed by Colorado law. One or both parent/s of a minor camper must complete the information and sign below.