Published: January 2001
PARTICIPANT AGREEMENT, RELEASE
AND ASSUMPTION OF RISK
In consideration of the services of Adventure Specialists Inc,, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "AS), I hereby agree to release, indemnify, and discharge AS, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in outdoor adventure based activities such as horseback riding and pack trips, treks, cattle drives, hiking trips, expeditions, river travel, mountaineering, rock climbing, hunting and bike tours entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Furthermore, AS guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
2. Backcountry and international travel has danger and risk. I acknowledge that risk exists including among other things: hazards of travel in jungle, mountains, high altitude, steep terrain, weather, travel by boat, raft, plane, truck, train, horse, foot, bicycle and other conveyance, forces of nature, slips and falls, rockfall, falling, exposure to insect and snake bites, the risk of altitude and cold, my physical condition, crime, civil unrest, injury or illness in remote areas without means of rapid evacuation or adequate medical care, supplies, or facilities. I agree that AS shall have no liability regarding the adequacy of medical care and supplies that may be provided.
3. Horseback riding is an inherently risky and dangerous activity. A horse, regardless of its training and usual past behavior, may act unpredictably at times based upon instinct or fright which may cause you to be thrown from or injured by the horse. We may encounter bears, puma, snakes and even small insignificant objects which frighten horses. Horses may bite, kick, buck, fall, or stumble. You or Your horse may collide with obstacles, cows, other horses, barbed wire, trees, branches, natural and man made objects whether obvious or not. Each of these obstacles and variations in terrain such as rivers, ditches, steep slopes, poor trails, holes, could cause you to lose control of your horse and be injured. Saddles may slip and tack or saddle problems may develop as a result of normal use and wear. Riders may lose their balance which can result in falling from the horse. I acknowledge that if I ride or travel with horses, I am subject to injury and no form of planning can remove the danger.
4. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. WARNING!... Under Colorado law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes. PAGE ONE OF THREE PAGE TWO OF THREE 5. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless AS from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of AS's equipment or facilities, including any such claims which allege negligent acts or omissions of AS.
6. Should AS or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
7. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume - and bear the costs of - all risks that may be created, directly or indirectly, by any such condition.
8. In the event that I file a lawsuit against AS, I agree to do so solely in the state of Colorado, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. If I, or anyone acting on their or my behalf, should bring such suit, that I/they shall pay all reasonable attorney fees, court and costs of defense should I/they not prevail. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a Lawsuit against AS on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Signature of Participant:_____________________________________________
PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of_______________________________(print minor's name) ("Minor) being permitted by AS. to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless AS from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.
Parent or Guardian___________________________________
PROTECTIVE EQUESTRIAN HEADGEAR REFUSAL AGREEMENT
I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Adventure Specialists, Inc. (hereinafter collectively referred to as AS), that we should purchase and/or wear a properly fitted and secured ASTM/SEI (Equestrian standard) certified helmet while riding or being around horses (whether on the premises of Adventure Specialists, Inc. or off the premises) in order to reduce the severity of some of our head injuries and to possibly prevent my/our death from happenings as the result of fall(s) or any other occurrence associated with this activity. We realize that we are subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of AS, the guide/instructor, numerous court cases and ASs insurance company, we are refusing this critical safety precaution.
SIGNER STATEMENT OF AWARENESS
I/we the undersigned, have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks.
Signature of Rider (spouse must sign for themselves)
Signature of parent, guardian and or spouse
Name of additional minor(s) rider(s)
Adventure Specialists at Bear Basin Ranch
Westcliffe, Colorado 81252 (no street # needed)
Summer: 719-783-2519; fax: 719 783-2076