THE WOMEN’S WILDERNESS INSTITUTE
Youth After School Programs
PARTICIPANT ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY,
AND INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY
THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS
In consideration of and as a condition to The Women’s Wilderness Institute, Inc. (DBA: Women’s Wilderness, referred to herein as “TWWI”) allowing Participant (as defined below) to participate in any activities offered through TWWI’s Youth After School Programs (collectively referred to as the “Activities”), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Participant’s parent or legal guardian (referred to herein as the “Undersigned”) hereby agrees as follows.
1. “PARTICIPANT” MEANS AN INDIVIDUAL UNDER THE AGE OF 18 PARTICIPATING IN ANY ASPECT OF THE ACTIVITIES. THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN MAKES THE REPRESENTATIONS AND AGREEMENTS SET FORTH BELOW IN THIS PARTICIPANT ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT (THIS “RELEASE”) ON BEHALF OF SUCH PARENT OR LEGAL GUARDIAN, AND SUCH MINOR PARTICIPANT.
2. THE UNDERSIGNED UNDERSTANDS THE NATURE OF THE ACTIVITIES AND VOLUNTARILY ASSUMES ALL RISKS ASSOCIATED WITH THE ACTIVITIES. The Activities are potentially dangerous and include but are not limited to: climbing (both outdoors on natural rock and indoors on artificial walls), hiking, camping, backpacking, building campfires, ice skating, tubing (on snow or water), snowshoeing, sports or interactive games or activities (indoor or outdoor), swimming, canoeing, running, food consumption, and/or other Activities in which the Participant or other participants choose to participate. The Undersigned understands that participation in the Activities involves risks of serious bodily injury, illness, death or property damage, including permanent disability, paralysis, and death, which may be caused by Participant’s own actions or inactions, those of others participating in the Activities (directly or indirectly), the places and conditions in which the Activities take place, and the negligence of any Released Party (as defined below). The Undersigned further agrees and understands that risks associated with the Activities, include, but are not limited to:
a. Risks associated with physical activity: Falling; slipping; tripping; loss of balance; loss of control; drowning; and exertion.
b. Risks associated with an outdoor environment: Dirt and paved surfaces; trail, path and attraction configuration; marked and unmarked obstacles; varying weather and surface conditions; exposure to extremely hot or cold weather or water; exposure to sun; slick or uneven surface conditions; variations in slope and terrain; rugged mountainous terrain; falling rocks or other objects; lightning; fast moving rivers or other water bodies; stinging, venomous or disease carrying animals or insects; poisonous plants; wild or domestic animals; trail, path and attraction configuration; marked and unmarked obstacles; delays or difficulties in communication, transportation, or medical care; and high altitude.
c. Risks associated with campfires: Gas explosion; scalding or other burn injury; and smoke exposure.
b. Risks associated with others’ instruction of and participation in the Activities: Collisions; Participant, other participant’s, or third party’s careless or reckless behavior; failure of supervision; and TWWI staff member, representative, volunteer, or contractor’s misjudgment of Participant’s capabilities, health or physical conditions, medical treatment, weather, terrain, water level, or route location.
c. Travel risks: Travel by foot, vehicle, snowshoes, or other means, over variable and unpredictable terrain, highways, or other roads or waterways, in adverse weather terrain.
d. Equipment risks: Equipment misuses, defects, failures, and malfunctions.
e. Health risks: Participant’s physical and mental health condition (whether or not known and/or disclosed to TWWI); and being exposed to or contracting COVID-19 (as defined by the World Health Organization) and any strains, variants, or mutations thereof, the coronavirus that causes COVID-19 and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof, during or in connection with Participant’s participation in the Activities.
The Undersigned agrees that if Undersigned or Participant believes the conditions or any other aspect of the Activities are unsafe in any way, Participant will immediately discontinue participation in the Activities. The Undersigned acknowledges: (a) they have spoken to the Participant about the Activities; (b) the Participant understands the risks of participating in the Activities; and (c) the Participant has voluntarily decided to participate in the Activities.
3. IN CONSIDERATION OF ALLOWING THE PARTICIPANT TO PARTICIPATE IN THE ACTIVITIES, THE UNDERSIGNED FOREVER AND IRREVOCABLY AGREES TO HOLD HARMLESS, RELEASE AND DEFEND TWWI; any individuals, entities or governmental authorities involved in any capacity with the Activities (including, without limitation, other participants in the Activities, and contractors, sponsors, and suppliers for the Activities); the respective parents, subsidiaries, affiliates, partners, members, managers, owners, agents, contractors, subcontractors, administrators, volunteers, insurers, personal and legal representatives, successors and assigns of each of the foregoing; and any director, officer, member, manager, partner, employee, official, representative or agent of any of the foregoing (collectively the “Released Parties,” and individually, a “Released Party”) FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS) (COLLECTIVELY, “LOSSES”) ARISING OUT OF OR IN ANY WAY RELATED TO PARTICIPANT’S PARTICIPATION IN OR ATTENDANCE AT THE ACTIVITIES, including, but not limited to, (a) Losses (including, without limitation, Losses from BODILY INJURY, ILLNESS, PARALYSIS OR DEATH) caused or alleged to be CAUSED IN WHOLE OR IN PART BY THE ACTUAL OR ALLEGED NEGLIGENCE OR MISCONDUCT of any Released Party, (b) any claim, action, suit or demand brought by any third party against any Released Party by reason of or in connection with Participant’s participation in or attendance at the Activities, or (c) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other claims or causes of action arising out of the use of Participant’s name, image, likeness, voice, and/or other personal attribute(s) or other personal information, including, without limitation, photos, videos, recordings and social media posts (collectively, Participant’s “Personal Attributes”). THE UNDERSIGNED FURTHER COVENANTS NOT TO SUE ANY RELEASED PARTY or cause any Released Party to be sued regarding any matter released above, and acknowledges the Undersigned is releasing any right to make a claim or file a lawsuit against any Released Party. THE UNDERSIGNED FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS EACH RELEASED PARTY FROM AND AGAINST ANY LOSS REGARDING ANY MATTER WITHIN THE SCOPE OF THIS RELEASE. The Undersigned agrees to pay all costs and attorney’s fees incurred by any Released Party in defending a claim or suit brought by, through, or on behalf of the Undersigned.
4. The Undersigned has ensured that Participant understands and will comply with all rules and regulations of participation in the Activities, including, without limitation, any health-related requirements. Participant is responsible for reading, understanding and complying with all signage for the Activities. Participant will comply with all verbal directions of Activities personnel. Failure to comply with any such rules, regulations, signage and directions may result in denial of access to premises for the Activities, dismissal or disqualification from the Activities, and removal from the premises for the Activities.
5. The Undersigned agrees to disclose all of Participant’s mental or physical conditions or limitations, if any, which might affect Participant’s ability to participate in the Activities, and represents that Participant is fully capable of participating in the Activities without causing harm to Participant; other participants; any TWWI staff member, representative, volunteer, or contractor; and any third parties.
6. The Undersigned understands that TWWI contracts with individuals and organizations that are independent contractors (not TWWI’s employees or agents) to provide services and equipment for the Activities, and to conduct some of the Activities, and that TWWI does not supervise or control these contractors and is not liable for their services, equipment, or conduct. The Undersigned also understands that the Activities may take place at facilities or on premises not owned by, or associated or affiliated with, TWWI, and that TWWI does not oversee, supervise, control, or take responsibility for any aspect or condition of these independent facilities or premises.
7. The Undersigned authorizes TWWI staff, representatives, volunteers, or contractors to obtain or provide medical care for the Participant, to transport the Participant to a medical facility, and to provide treatment they consider necessary for the Participant’s health. In case of a medical emergency, the Undersigned hereby grants permission to the physician selected by an authorized representative of TWWI to secure proper medical treatment for the Participant including, but not limited to, injections, anesthesia, surgery, and hospitalization. The Undersigned agrees to pay all costs associated with any such medical care and transportation and further agrees to the release to or by TWWI of any medical records necessary for treatment, referral, billing, or insurance purposes.
8. The Undersigned irrevocably grants TWWI and its designees and their respective affiliates, designees, successors and assigns, and each of them, an unrestricted, perpetual, universal, irrevocable, royalty-free and transferable license to record, capture and use Participant’s Personal Attributes, and to copy, modify, distribute, display and present same in any manner and in any medium (whether now or hereafter existing, including, without limitation, online, wireless, mobile, broadcast, telecast or photograph), in any form, media or format, for any purpose whatsoever. The Undersigned acknowledges and agrees that any photographs, video, film, recordings or other memorializations of Participant’s participation in the Activities shall be owned by TWWI and its designees.
9. The Undersigned acknowledges that he/she/they is signing this Release on behalf of the Undersigned and the minor Participant, that he/she/they is WAIVING CERTAIN RIGHTS ON BEHALF OF THE PARTICIPANT that the Participant otherwise may have and that THE PARTICIPANT SHALL BE BOUND BY ALL THE TERMS OF THIS RELEASE. THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN VOLUNTARILY GRANTS PERMISSION FOR THE PARTICIPANT TO TAKE PART IN THE ACTIVITIES AND ACKNOWLEDGES THAT BUT FOR SUCH GRANT OF PERMISSION, THE PARTICIPANT WOULD NOT BE PERMITTED TO TAKE PART IN THE ACTIVITIES. The Undersigned hereby consents to and approves this Release; will ensure that the Participant honors his/her/their obligations hereunder; and will indemnify and hold the Released Parties harmless from and against any Losses arising out of or in any way related to this Release or the rights granted herein, the Participant’s attendance at or participation in any of the Activities, any breach of the above representations, warranties and agreements or any attempt to rescind, limit or disaffirm the foregoing. By signing this Release as the parent or guardian of the Participant, the Undersigned represents they are the legal parent or guardian of the Participant.
10. If any provision of this Release is unenforceable, it shall be modified to the extent reasonably necessary to make the provision legal, valid and binding. No statements regarding the effect of this Release, not contained in this Release, shall modify the terms of the Release. In any proceeding or other attempt to enforce, construe or to determine the validity of this Release, the non-prevailing party will pay the reasonable expenses of the prevailing party, including, without limitation, reasonable attorneys’ fees and costs. This Release shall be binding upon the Undersigned, and their successors, assignees, parents and legal guardians, subrogors, heirs, next of kin, legal and personal representatives, and anyone who obtains any rights from or through the Undersigned. This Release shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of laws principles. Sole and exclusive jurisdiction and venue for any dispute concerning this Release shall be in Colorado state courts located in Boulder County, Colorado, or federal court located in the City and County of Denver, Colorado. The Undersigned shall not be entitled to join or consolidate claims against other individuals or entities, or bring claims as a representative member of a putative class or in a private attorney general capacity. ALL DISPUTES SHALL BE ADMINISTERED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, OR ANY SIMILAR PROCEEDING.
AGREED AND ACCEPTED:
Participant Name: * *
I am the parent or legal guardian of the Participant named above, and I hereby consent to and approve the foregoing Release.
Parent/Legal Guardian Signature: ![]()
Printed Name: * *
Email: * Telephone Number: *
Date: 