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2021 CRESTED BUTTE NORDIC (CB Nordic) SUMMER TRAINING WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

 

IN CONSIDERATION FOR the Minor having the opportunity to participate in dryland training during the 2021summer season beginning June 7, 2021 through August 13, 2021 (“summer season”); I, for myself and on behalf of the Minor, and the Minor’s parents, guardians, children, heirs, next of kin, legal and personal representatives, executors, administrators, successors and assigns, hereby agree to the following terms pursuant to this Volunteer Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement (the “Agreement”);


1. I hereby represent that (i) I am the parent or legal guardian of the Minor and authorized to enter into this Agreement on behalf of the Minor; (ii) the Minor is in excellent health with no mental, physical or medical conditions which would impair, prevent or prohibit the Minor from safely participating in summer training; and (iii) the Minor is not under the influence of alcohol or any illicit or prescription drugs which would in any way impair the Minor’s ability to safely participate in the activities. I agree that it is my sole responsibility to determine whether the Minor is in proper physical condition to participate in summer training with the Crested Butte Nordic Team.


2. I agree that it is the Minor’s responsibility to abide by the Rules and Regulations established by CB Nordic. I understand the Minor shall promptly and faithfully comply with all reasonable instructions, directions, requests, rules and regulations of CB Nordic staff. I hereby accept responsibility for the Minor’s conduct and actions while participating in summer training in connection with CB Nordic’s activities during the summer season.


3. I understand and acknowledge the risks and dangers associated with the Minor participating in summer training during the summer season, including without limitation, the potential for serious bodily injury, sickness and disease, permanent disability, paralysis and loss of life; loss of or damage to equipment/property; exposure to extreme conditions and circumstances; contact with other volunteers, participants, members, passholders, spectators, animals or other natural or manmade objects; dangers arising from adverse weather conditions; imperfect road conditions; land, snow, water and surface hazards; equipment failure; inadequate safety measures; situations beyond the immediate control of CB Nordic; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”). I understand that these Risks may be caused in whole or in part by my own actions or inactions, the actions or inactions of others serving or participating during the summer season, or the negligent acts or omissions of the Released Parties defined below, and I hereby expressly assume all such Risks and responsibility for any damages, liabilities, losses or expenses which may be incurred as a result of the Minor’s participation during summer training at any point during the summer season.


4. On behalf of the Minor, and to the fullest extent permitted by law, I hereby Release, Waive and Covenant Not to Sue, and further agree to Indemnify, Defend and Hold Harmless the Crested Butte Nordic Council and its Officials, Sponsors, Promoters and Organizers, any Property Owners or Public Entities providing support for the Season (collectively, the “Released Parties” or “CB Nordic Supervisors”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation summer training, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties. I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim for Liability against any of the Released Parties, I will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim.


5. I understand the scope of the Minor’s relationship with CB Nordic is limited to an athlete participating in summer training; and that the Minor is responsible for his or her own insurance coverage in the event of personal injury or illness as a result of the Minor’s services to CB Nordic. On behalf of the Minor, I expressly waive any such claim for compensation or liability on the part of CB Nordic.


6. I grant and convey to CB Nordic all right, title, and interest in any and all photographs, images, video, or audio recordings of the Minor or the Minor’s likeness or voice made by CB Nordic in connection with my participation in summer training.


On behalf of the Minor, I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between me and the Event Organizers regarding these issues and no oral representations, statements or inducements have been made apart from this Agreement.

COVID-19 WAIVER AND RELEASE

 

            “Activity” means any 2020/2021 Crested Butte Nordic Team Program. “Participant” means each individual listed on this form participating in or volunteering for the above stated activity, and when a Participant is under age eighteen (18) (“Minor”), it includes the Minor Participant’s parent or  legal guardian signing this warning, assumption of risk, release of liability and indemnification agreement (this “Release”) on behalf of himself/herself and on behalf of the minor Participant. The Activity is being operated in accordance with regulations and Public Health Orders from the State of Colorado and Gunnison County that pertain to COVID-19 (the “Pandemic”).  In order for Provider to create a safe and memorable experience for participants, each participant must take certain precautions to mitigate the spread of the Pandemic, including those below:

 

1.       Participants Agree to Practice CDC and Colorado Department of Public Health and Environment (“CDPHE”) Prevention Guidelines. Participant shall wear face coverings at all times except when on the trails actively skiing, this incles arrival and departure from the Activity. Participant agrees to wash or sanitize hands before the Activity begins and to sneeze or cough into an elbow or sleeve. At all times necessary, Participant agrees to practice Center for Disease Control (“CDC”) recommendations of social distancing. Participant agrees to stand six feet apart from other participants, coaches and parent volunteers. Participant agrees to refrain from touching other persons and sharing or passing items between participants and shall practice social distancing with other passersby.

 

2.       Confirmed Understanding of Risks.  Participant, by execution of this Agreement, represents and warrants that they understand and acknowledge the risks and dangers associated with participating in activities during the Pandemic, including without limitation, the potential for serious sickness and disease, permanent disability and loss of life; situations beyond the immediate control of the Provider; and other undefined, not readily foreseeable and presently unknown risks and dangers (“Risks”).  Participant, by execution of this Agreement, affirms that they understand that these Risks may be caused in whole or in part by their own actions or inactions, the actions or inactions of others affiliated with the Activity, or the negligent acts or omissions of the Released Parties defined below, and Participant hereby expressly assumes all such Risks and responsibility for any damages, liabilities, losses or expenses which are incurred as a result of their participation in the Activity.

 

3.       Release.  To the fullest extent permitted by law, and in exchange for the ability to participate in the Activity, Participant hereby Releases, Waives and Covenants Not to Sue, and further agrees to Indemnify, Defend and Hold Harmless, Release, Defend, Indemnify and not sue the Coaches or Parent Volunteer; the Crested Butte Nordic Council; the Town of Crested Butte; Gunnison County and all of their respective insurance companies, successors in interest, subsidiaries, commercial and corporate sponsors, agents, employees, volunteers, representatives, assignees, officers, directors, and shareholders (each “Released Party” and collectively, the “Released Parties”), with respect to any liability, claim(s), demand(s), cause(s) of action, damage(s), loss or expense (including court costs and attorneys fees) of any kind or nature (“Liability”) which may arise out of, result from, or relate in any way to my participation in the Activity, including claims for Liability caused in whole or in part by the negligent acts or omissions of the Released Parties or the failure of other participants to abide by CDC and CDPHE guidelines.  Participant further agrees that if, despite this Agreement, they, or anyone on their behalf, makes a claim for Liability against any of the Released Parties, Participant will indemnify, defend and hold harmless each of the Released Parties from any such Liabilities which any may be incurred as the result of such claim.

 

4.       Fair and Adequate Consideration.  Each party acknowledges that the consideration given or received in this Agreement is fair and adequate consideration for the covenants, undertakings and forbearances made, as part of this Agreement.

 

I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. 

                        






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