ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS & RELEASE AND INDEMNITY AGREEMENT FOR COLORADO ACADEMY

Please read this entire Acknowledgment and Assumption of Risks and Release and Indemnity Agreement (hereafter "Agreement") carefully before signing. This Agreement contains an acknowledgment and assumption of risks, a release and indemnity agreement and other important provisions. In consideration for Colorado Academy ("CA"), a Colorado non-profit organization located at 3800 S. Pierce St., Denver, CO 80235 ("Campus") allowing me and/or my minor student under the age of eighteen) "Minor Participant") to participate in CA's activities, both on- and off-Campus, as well as for third-party activities taking place on Campus, I/we acknowledge and agree as follows:

Acknowledgment and Assumption of Risks:

Participating (whether attending, observing, assisting with or actively participating) in educational, instructional, recreation and/or adventure activities organized by CA and/or third-party activities held on Campus includes risks. These activities can be day or multi-day (including overnights) and can take place on or off Campus. Activities, which may be led or conducted by CA staff, contractors or others, may include, but are not limited to: classroom activities; sports and/or games such as archery, field hockey, tennis, lacrosse, soccer, baseball, basketball, racquetball, fencing, bowling, skateboarding, golf and dise golf; swimming, diving, scuba diving, waterskiing, wakeboarding, white water rafting, sailing, canoeing, kayaking, stand up paddle boarding and other water activities; yoga; dancing; cheerleading; gymnastics; ice skating; horseback riding and horsemanship; recreational and mountain biking; caving; hiking; rock climbing or bouldering (indoors or outdoors on artificial surfaces or natural rock) and use of low or high ropes courses, challenge courses or zip lines (all of which may include use of ropes, hamesses and/or other technical gear); leadership skills, such as wilderness survival and navigation and the apprentice counselor program; circus and fine arts performances (including tumbling, tight rope and unicycle riding); woodworking; art; cooking; glass art; playground/games; use of any equipment, facilities or premises; travel in vans, buses, public transportation, or other vehicles to and from CA, events or otherwise (collectively referred to in this Agreement as "Activities" Activities may be scheduled or unscheduled, supervised or unsupervised, and include activities undertaken during the Participant's free and/or independent time. I acknowledge that the inherent and other risks, hazards and dangers of these Activities can cause injury (including mental or emotional trauma, paralysis or other disability), property damage, death or other loss to me, Minor Participant and/or others (collectively referred to in this Agreement as "Risks"). Where the participant is a Minor Participant, I give permission for Minor Participant to participate in all Activities, and agree to discuss the nature of these Activities and Risks with my Minor Participant. The following describes some, but not all of these Risks:

Risks involved in interaction with others. These risks include exposure to bacteria, viruses or other pathogens, including but not limited to the novel coronavirus associated with COVID-19.

Risks involved in decision-making and conduct. These risks include the risk that the I, Minor Participant and/or another participant, CA staff member, contractor, or other person may misjudge their or others' capabilities, health or physical condition, or misjudge some aspect of travel, instruction, medical treatment, weather, terrain, water conditions or water level or route location. This includes my and/or Minor Participant's judgment in managing his or her own health issues, including any responsibility for self-medication.

Personal health and participation Risks. My and/or Minor Participant's mental, physical or emotional condition (including use or abuse of alcohol or any prescription or non-prescription drugs), disclosed or undisclosed, known or unknown, combined with participation in these activities includes Risks. CA cannot anticipate or eliminate Risks or complications posed by my and/or Minor Participant's mental, physical (including fitness level) or emotional condition.

Risks associated with any active, athletic and/or competitive activity. Participating in, training or conditioning for, and/or practicing and competing in any Activities can involve frequent and repetitive use of the arms and legs, lifting or carrying weight, balancing, coordination and endurance. Risks include that a I and/or Minor Participant may overestimate his or her abilities or fitness; be inattentive; lose control and trip or fall and/or collide with others, the ground, rocks or trees or encounter other water/terrain/road/trail/other hazards; experience unpredictable animal behavior when riding or working with horses or otherwise; not understand the functioning of (or misuse) equipment; fail to negotiate steep, uneven or difficult terrain; not control his or her speed or experience equipment malfunction.

Risks present in an outdoor environment. These risks include travel in high altitude (in some cases, above 9,000 feet) or mountainous terrain both on and off trail, and on land or water. My and/or Minor Participant's travel may be subject to storms, including rain, lightning, snow or ice; currents or whitewater; rapid and unpredictable weather changes; fast moving rivers or other water bodies; falling or slippery rocks; stinging, venomous and/or disease carrying animals, insects or microorganisms; poisonous plants; wild or domestic animals and other natural or man-made hazards. Hazards (both on land and above and below water level) may not be marked or visible and weather is always unpredictable.

Risks associated with premises. CA premises include playground equipment, a climbing and bouldering wall, and sports facilities. In addition, ruts, slippery walkways, uneven ground or other conditions may exist in and around CA premises.

Equipment Risks. The risk that equipment used in an activity may be misused, or may break, fail or malfunction. This includes a my and/or Minor Participant's personal equipment, CA equipment or any other equipment (whether purchased, borrowed or rented In the event I and/or Minor Participants chooses to bring and use their personal equipment (including any safety gear), I and/or Minor Participant's parents assume full responsibility for choosing appropriate equipment and for the fit and condition of their equipment. Helmets or other safety gear (required or used for some activities), may prevent or lessen injuries in some instances; however, use of safety gear is not a guarantee of safety, and injury can occur even with the use of this gear.

Free time Risks. I and/or Minor Participants may have free or unsupervised time before, during or after Activities and at other times. During both supervised and unsupervised activities, I and/or Minor Participant shares in the responsibility for their own well-being.

Risks regarding conduct. The potential that I and/or Minor Participant , other participants, or third parties may act carelessly or recklessly.

I further acknowledge and agree:

1. to obey CA rules and other policies;
2. to review all CA information and materials received, and understand that CA representatives are available should I have further questions about CA activities or the associated Risks;
3. to disclose any mental, physical or emotional condition/s or limitation/s which might affect my my and/or Minor Participant's ability to participate, and represent that I and/or Minor Participant is fully capable of participating without causing harm to him/herself or others;
4. to acknowledge the information provided above is not complete, other unknown or unanticipated activities, Risks and outcomes may exist, and CA cannot assure my and/or Minor Participant's safety or eliminate any of these Risks;
5. CA contracts with individuals or organizations that are independent contractors (not employees or agents of CA) to provide or conduct some of the services and activities in which I and/or Minor Participant will be engaged. CA does not supervise or control these contractors and is not legally liable or responsible for their conduct. In addition, some activities take place on premises or at facilities not owned by, or associated or affiliated with, CA. CA does not oversee, supervise, or take responsibility for any aspect or condition of these independent services, activities, facilities or premises;
6. I acknowledge the Risks of participating in Activities, and I and/or Minor Participant is voluntarily participating with my permission and with knowledge of the Risks. Therefore, I and the Parent/Guardian of any Minor Participant assume and accept full responsibility for the inherent and other risks (known and unknown, described above or otherwise) of Activities, and for any injury, damage, death or other loss suffered by me and/or Minor Participant (and/or Parent/Guardian) resulting from those risks, including the risk of my and/or Minor Participant's own negligence or other misconduct.
7. I certify that I and/or Minor Participant am/is in good health and has no physical limitations that would preclude their safe participation in activities.
8. I further acknowledge that absent my agreement to the terms of this Agreement on behalf of myself and/or Minor Participant (and/or Parent/Guardian), CA could not afford the liability risks associated with my and/or Minor Participant's participation in Activities. I specifically acknowledge CA's reliance upon the execution of this Agreement in permitting me and/or Minor Participant to participate in Activities.

Release and Indemnity Agreement:

Please read carefully. This Release and Indemnity Agreement contains a surrender of certain legal rights. I, for myself and/or on behalf of Minor Participant agree:

1.  to release and agree not to sue CA and its officers, directors, trustees, employees, agents, representatives and volunteers, and all other person/s or entities affiliated with it (hereafter individually and collectively "Released Parties"), with respect to any and all claims, liabilities, suits or expenses (including attorneys' fees and costs) (hereafter "claim" or "claim/s"), for any injury, damage, death or other loss in any way connected with my and/or Minor Participant's enrollment or participation in these Activities, including use of any equipment, facilities or premises. I understand I agree here to waive all claim/s I or my Minor Participant may have against the Released Parties, bind my and/or Minor Participant's estate and any family member/heir/other party bringing claim/s, and agree that neither I, my Minor Participant, nor anyone acting on my or Minor Participant’s behalf, will make a claim against the Released Parties as a result of any injury, damage, death or other loss suffered by me or my Minor Participant;

2. to defend, indemnify and hold harmless the Released Parties ("indemnify" meaning protect by reimbursement or payment, including (but not limited to) for any claimed damages or for attorneys' fees and costs incurred defending against any claim/s), with respect to any and all claim/s brought by or on behalf of me, Minor Participant, my and/or Minor Participant's other family member/s, spouses, heir/s or estate, a co-participant or any other person for any injury, damage, death or other loss in any way connected with my or Minor Participant's enrollment or participation in these Activities, including use of any equipment, facilities or premises. 

    

This Release and Indemnity Agreement includes claim/s of or resulting from the Released Parties' negligence (but not any of their gross negligence or willful, wanton or reckless misconduct), and includes claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim.

Other Provisions:

I further agree: 

1. Colorado substantive law (without regard to its "conflict of law" rules) governs this Agreement, any dispute I and/or my Minor Participant have with the Released Parties, and all other aspects of my relationship or my and/or Minor Participant's relationship with the Released Parties, contractual or otherwise, and I agree that any suit or other proceeding must be filed only in the City and County of Denver, Colorado. I agree to attempt to settle any dispute (not settled by discussion) through mediation before a mutually acceptable Colorado mediator; 

2. I authorize CA staff, representatives, contractors or other medical personnel to obtain or provide routine or emergency medical care for me and/or Minor Participant, to transport me or Minor Participant to a medical facility and to provide treatment (including, but not limited to, injection, anesthesia, or surgery) they consider necessary for my and/or Minor Participant's health. I agree to the release (to or by CA) of any medical records necessary for treatment, referral, billing or insurance purposes. I agree to pay all costs associated with that care and transportation; 

3.CA reserves the right to dismiss any participant from any Activities if in CA's sole discretion, a participant presents a safety concern, is disruptive or otherwise conducts him or herself in a manner detrimental to the Activities. If I and/or Minor Participant is dismissed or departs for any reason, I agree I am responsible for all costs of early departure whether for medical reasons, dismissal, personal emergencies or otherwise; 

4. I understand Coronavirus, COVID-19 is an extremely contagious virus that spreads easily through person-to-person contact. Federal and state authorities recommend social distancing as a means to prevent the spread of the virus. COVID-19 can lead to severe illness, personal injury, permanent disability, and death. Participating in programs at CA and accessing the facilities at CA could increase the risk of contracting COVID-19. CA in no way warrants that COVID-19 infection will not occur through participation in programs at CA or accessing facilities at CA. Further, I understand that this pandemic has brought with it rapid changes to mandates, available information and guidance. 

5.If the participant is a minor, I certify and represent that I am the Minor Participant's legally authorized Parent/Guardian, and that I have the legal authority to permit Minor Participant to participate in all CA Activities, and to execute this Agreement and all other required documents for myself and for and on behalf of the Minor Participant. To the extent necessary, I agree that I have obtained any and all other pertinent consents or authorities (including any required by a court decree or order; for example, a divorce decree, custody order or joint parenting plan I fully understand and agree that if another of my Minor Participant's parents or guardians (or anyone clsc) challenges my authority: a) the Minor Participant will be dismissed from CA or any CA Activities, without a refund, if the parents/guardians or other parties involved cannot reach agreement, and, b) I will fully defend and indemnify CA (and other Released Parties) with respect to any claim/s made by the other parents/guardians or any person, including payment of any costs or attorneys' fees expended by CA to resolve a dispute;

6. this Agreement is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Agreement is deemed unlawful or unenforceable, it shall not affect the remaining provisions, and those remaining provisions shall continue in full force and effect.

I have carefully read, understand and voluntarily sign this Agreement and acknowledge that it shall be effective and legally binding upon me, my Minor Participant (where applicable) and my and/or Minor Participant's other family members, heirs, executors, representatives, subrogees, assigns and estates. I understand that my signature is valid and legally binding whether I choose to electronically sign, or sign a printable version of this Agreement.