inherent and substantial hazards, dangers, and risks of participating in the Activities and using the Equipment, including, but are not necessarily limited to, injury to the musculoskeletal and/or cardiorespiratory systems, which may be both foreseen and unforeseen and which can result in serious physical or emotional injury, paralysis, illness, and death and/or damage to property;
The Participant further acknowledges and understands that they will be held liable and responsible for any and all damage to persons, property and/or improvements to property that is caused by the Participant and/or any persons (including, but not limited to, employees, invitees, licensees, agents, guests, and minors) under their care and control, and that arise out of, or are related to, the Participant's participation in the Activities.
2. TO RELEASE, ACQUIT, WAIVE, COVENANT NOT TO SUE, AND FOREVER DISCHARGE, Instructor, and any independent contractors hired, retained or employed as part of the Activities, or any of their respective present and former partners, officers, directors, members, subsidiaries, affiliates, parent companies, shareholders, managers, insurers, related entities, employees, attorneys, staff, agents, successor and assigns, and any other person, firm or corporation bound to defend or pay judgments against them (the "Released Parties") from any and all CLAIMS, as defined more fully below, AGAINST THE RELEASED PARTIES that arise from or relate to their use of the Equipment and participation in the Activities including, but not limited to, all Claims enumerated below, AND UNDERSTAND THIS RELEASES ALL CLAIMS, INCLUDING THOSE OF WHICH I AM NOT AWARE, THOSE NOT MENTIONED IN THIS RELEASE AND THOSE RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW, and FURTHER AGREE NOT TO SUE any of the Released Parties for such Claims. Without limiting the foregoing, the Participant agrees that the Released Parties shall not be liable to them, their family, heirs, administrators, personal representatives, employees, subcontractors, or their guests, for personal injury, property damage, or any other Claims arising from or related to the Participant's participation in the Activities.
For purposes of this Agreement, "Claims" shall mean any past, present and future claims, losses, costs, expenses, liabilities, demands, actions, and/or causes of action, and costs of defense or settlement (including, without limitation, attorneys' fees and court costs The releases, waivers and indemnities contained in this Agreement expressly shall apply regardless of whether the Claims to be released, waived or indemnified against arise, or are alleged to arise, from: (i) NEGLIGENCE (WHETHER SOLE, JOINT OR CONCURRENT), GROSS NEGLIGENCE, MALICE, NEGLIGENCE PER SE, and/or STRICT LIABILITY, of the Released Parties, and I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE USE OF THE EQUIPMENT AND PARTICIPATION IN THE ACTIVITIES (ii) personal injury, death or property damage, (iii) acts under the Colorado Consumer Protection Act, or other state laws or administrative orders, (iv) acts of any other persons or guests, (v) theft, burglary, assault, or other crimes, (vi) fire, water, wind, rain and/or smoke and/or similar activity, (vii) sudden and/or unforeseen malfunctioning of any Equipment, (viii) breach of any contract and/or express or implied warranty or breach of any statutory or other duty of care, and/or (ix) any other risks and hazards associated with the Participant's use of the Equipment, and participation in the Activities.
and
3.TO DEFEND, INDEMNIFY, AND HOLD HARMLESS the Released Parties OF AND FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, CAUSES OF ACTION, DAMAGE, LAWSUITS, JUDGMENTS, INCLUDING ATTORNEYS' FEES AND COSTS, ASSERTED BY ANY PERSON OR ENTITY, AS ARISING FROM THE RELEASED PARTIES' CONDUCT OR LIABILITY, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, VIOLATIONS OF THE COLORADO CONSUMER PROTECTION ACT, PREMISES LIABILITY, PRODUCT LIABILITY, WILLFUL AND MALICIOUS CONDUCT, IF ANY, REGARDLESS OF WHETHER SUCH CONDUCT WAS THE SOLE, PROXIMATE OR PRODUCING CAUSE OF THE CLAIMS OR PROXIMATE OR PRODUCING CAUSE JOINTLY AND CONCURRENTLY WITH THE CONDUCT, IF ANY, OF THE PARTICIPANT, OR ANY OTHER PERSON OR ENTITY, arising directly or indirectly from, or related to, the Participant's use of the Equipment, and/or participation in the Activities. As used herein, "INDEMNIFY" means to agree to assume the Released Parties' liability in a situation, thereby relieving them of responsibility, and/or reimbursing the Released Party for Claims asserted against them.