2023 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 2023 summer season beginning June 7, 2023 through August 13,
2023 (“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.