V.2025.06
Assumption of Risk, Release of Liability, and Indemnity Agreement
BY SIGNING THIS AGREEMENT, YOU WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY.
The purpose of this agreement is to exempt, waive, and release Released Parties from any and all liability for wrongful death, personal injury, and property damage, including, but not limited to liability arising from the negligence of Released Parties; and transfer of the risk of loss arising out of the participation in the Services to the Client or person executing this agreement.
“Released Parties” means Giddyup Collective, d/b/a Yeehaw Giddyup or its affiliates, including but not limited to Bailey Batchelor, (together “Giddyup Collective”) and its insurance carriers, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, assignees, employees, volunteers, and agents, as well as any equipment manufacturers and distributors.
“Minor” or “Minor Client” or “Minor Participant” means a participant under the age of 18.
“Client” means all participants signing this Agreement, as well as participants on behalf of whom any signatory below is signing this Agreement, including without limitation Minor Participants. Client includes without limitation “you”, “I”, “me”, and “myself” as used in this Agreement.
“Service” and “Services” means Client’s participation in an event hosted by Giddyup Collective. I acknowledge that the description of Services is not complete and other services may be available.
In consideration of being allowed to receive Services, on behalf of Myself, and any Minor Client(s), I agree as follows:
The Client understands that it is solely up to the individual to safely travel during a Giddyup Service.
Bike Travel involves potential hazards and the risk of physical injury or death. The Service involves both known and unknown risk. The dangers and risks of the Services include, but are not limited to any potential hazard one might encounter on a public road or sidewalk, bike trail, varying terrain or surfaces, unmarked hazards, non-maintained surfaces, any adverse weather conditions; falling, collisions with man-made or natural objects, collisions with other people; negligence or failure of Client, volunteer, Released Party, or member of the general public to act safely; the risk of contraction of communicable diseases, this risk is enhanced during a pandemic, epidemic, or outbreak; Client’s health condition, physical exertion, exhaustion and/or mental distress from exposure to any of the above. I acknowledge that the description of dangers and risks listed above is not complete and that while participating in a Service, it is my sole responsibility to participate safely and that participation may be dangerous and may include other risks, including but not limited to the acts, omissions, representations, carelessness, and negligence of the Release Parties.
I understand participation in physical activities can be physically strenuous or demanding. Participation should be limited for those with certain medical conditions or while taking certain medications. I have consulted my medical provider prior to participating in Service(s), or expressly waive any risk associated with my medical history.
By signing this Agreement, I, on my own behalf and, if applicable, on behalf of Minor and adult Client(s), acknowledge the risks and dangers associated with the Service(s), and travel thereto and therefrom, and agree to (1) assume any and all risks of injury or death to Client resulting from participation in and travel to any Service; (2) waive, release, and not sue or file any actions or claims against Released Parties that are based on, arise from, in whole or in part, participation in any Service, including, but not limited to negligence and premises liability claims; (3) indemnify, defend and hold harmless the Released Parties from and against any liability or damage of any kind from and suits, claims, or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to Client’s participation in the Service.
I authorize the Released Parties to call for medical care for Client if, in their opinion, medical attention is needed.
By accepting this Agreement on behalf of any Clients other than Myself, I am representing that I am entitled to execute this Agreement as either the parent or legal guardian of the Client.
In further consideration for allowing the Client to participate in the Services, the Client AGREES NOT TO SUE AND TO RELEASE FROM ALL LIABILITY the Giddyup Collective for any damage to property damage, injury or loss to Client, including death, which Client may suffer arising in part or in whole out of participation in the Services and travel thereto or therefrom, INCLUDING THOSE CLAIMS BASED ON ANY RELEASED PARTYS ALLEGED NEGLIGENCE OR ACTUAL NEGLIGENCE OR ANY BREACH OF CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY. BY AGREEING NOT TO SUE, THE UNDERSIGNED IS RELEASING ANY RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST ANY RELEASED PARTY.
THE CLIENT FURTHER RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT THE CLIENT MAY NOW HAVE AGAINST ANY RELEASED PARTY AND UNDERSTANDS THIS RELEASES ALL CLAIMS, INCLUDING THOSE WHICH THE CLIENT IS NOT AWARE, THOSE NOT MENTIONED IN THIS RELEASE AND THOSE RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW.
This Agreement will apply for every Service a Client receives or participates in from the Released Party without requiring the Client to sign additional agreement for each Service, until a new release of liability waiver of legal rights is executed by or on behalf of the Client, or the Client revokes it in writing and that writing is accepted in writing, signed by the Released Parties’ authorized representative. All claims arising from or related to a Service received by the Client, including for injury to person or property and/or death shall be governed by Colorado law, without regard to conflicts of law principles, and that exclusive jurisdiction shall be in the District Court residing where the alleged incident occurred or in Federal Court for the District of 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 to the full extent permitted by law. This Agreement shall be binding on any assignees, heirs, next of kin, executors, and personal representatives.
I HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS, AND
SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. BY SIGNING BELOW, I
WARRANT THAT I HAVE THE AUTHORITY AND EXPRESS CONSENT TO SIGN THIS
AGREEMENT ON MY OWN BEHALF AND ON BEHALF OF ALL OTHER RELEASORS
NAMED IN THIS AGREEMENT.