Prior to commencing any activity, a Release and Waiver of Liability and Indemnification Agreement (this “Agreement”) must be signed by all participants age eighteen (18) and over and children under eighteen (18) must be named and listed properly below, thereby indicating that the undersigned agrees to release and hold the Released Parties (defined below) harmless from any liability.
Section 1. General. The undersigned (hereinafter the “Participant”) hereby irrevocably and unconditionally waives, releases, indemnifies and holds Slöyd Experience, a Colorado nonprofit corporation (“Slöyd”) harmless from any and all liabilities, claims, actions, damages, costs, or expenses of any nature whatsoever whether in law or equity, known or unknown, occurring during, caused by, relating to, or arising in any way from participating in the Program, and/or one (1) or more Activities (defined below) which are part of the Program.
Section 2. Risks of Activity. The Participant agrees and understands that taking part in in the below defined activities can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND / OR DEATH. The Participant intends to engage in one (1) or more of the following activities or types of activities: sawing, planing, boring, scraping, chiseling, carving/whittling, and other traditional woodworking activities. The Participant acknowledges that the Activities are inherently dangerous and fully realizes the dangers of participating in said Activities. The risks and dangers of the Activities include, but are not limited to: entanglement; dismemberment; impacts; slips and falls; equipment failure and / or defects; operator error; mental distress from exposure to any of the above; and negligence of others. The Participant acknowledges and understands that the description of the risks listed above is not complete and that participating in the Program, including these Activities and all related activities, may be dangerous and may include other risks.
Section 3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activities, the Participant agrees as follows:
(a) Release. The Participant does hereby irrevocably and unconditionally waive, release and forever discharge the Released Parties from all liability for any loss or damage whatsoever, including personal injury, death, property damage, medical expense and any other type of expense EVEN IF CAUSED BY NEGLIGENCE, while Participant is in, upon or about the premises at which the Program is taking place or through Participant’s participation in or attendance at the Program.
(b) Indemnification. The Participant hereby agrees to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participants participation in the program, including any of the Activities. Such obligation on the part of the Participant shall survive the period of the Participant’s participation the Program, including in any of the Activities.
(c) Assumption of Risk. By accepting this waiver, the Participant does hereby acknowledge that participation in the Program, its Activities and use of the premises at which the Program is being offered (and its facilities and grounds) are at Participant’s own risk, and that Participant assumes all responsibilities for any and all aspects of participation by the Participant. The Participant understands this waiver applies to any and all Activities, named and unnamed herein, which are voluntarily participated in.
Section 4. Minor Acknowledgement. In the case of a minor participating in the Program or any of the Activities, the Participant parent or legal guardian acknowledges that he/she is not only signing this agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise might have. The undersigned Participant agrees that, but for the foregoing, the minor would not be permitted to participate in the Program or any of its Activities. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least eighteen (18) years of age. If signing as the parent or guardian of a minor participant, signing adults represent that they are a legal parent or guardian of the minor participant.
Section 5. Medical Care. The Participant authorizes the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. The participant agrees to pay all costs associated with such medical care and related transportation.
Section 6. Miscellaneous. The Participant further agrees and understands: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Colorado, and the exclusive jurisdiction and venue for any claim arising of this Agreement shall be the state courts located in Denver County, Colorado, and the Participant expressly agrees and consents to jurisdiction in said courts; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) the Parties understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the undersigned Participant that this agreement shall be binding upon the assignees, subrogors, heirs, next of kin, executors and personal representatives of the Participant.