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VAIL CLUB 50
WAIVER, ASSUMPTION OF RISK, CODE OF CONDUCT, CLUB ROSTER USE
YOUR SAFETY IS YOUR RESPONSIBILITY
In consideration for being allowed to participate in activities, social gatherings, and events (the “Events”) sponsored by Vail Club 50 (the “CLUB”), this Waiver and Release of Liability (hereinafter, the “Agreement”) is being entered on behalf of myself (the “Participant”). I, the Participant, hereby acknowledge, represent, warrant and agree as follows, with the knowledge that CLUB will rely on the warranties and obligations contained herein.
A. Term. This Agreement is valid from December 11, 2025 to September 30, 2026.
B. Events. Events include, but are not limited to, social and physical activities such as hiking, biking, golf, pickleball, tennis, yoga, trail maintenance, skiing, snowboarding, cross country skiing, all terrain skiing and snowshoeing.
C. Voluntary Participation. Participant understands and confirms that participation in any Event is fully voluntary. Participant hereby warrants that Participant is in good health and suffers from no physical or mental condition that would create an unreasonable and/or foreseeable risk of harm to himself or herself, or to any other participant of the Events. Participation in running and physical fitness activities and events carries with it certain inherent risks that cannot be eliminated regardless of the care taken. Participant agrees and understands that Participant is solely responsible for Participant’s health and medication condition and that it is Participant’s sole responsibility to determine Participant’s physical and medical fitness to take part in an Event.
D. Comprehension and Assumption of Risk. Participant understands and acknowledges that there are potential risks involved related to participation in the Events. Participant hereby assumes all risks and dangers, known and unknown, foreseeable and unforeseeable, in any way connected with Participant’s participation in the Events. Participant accepts full responsibility for any liability, injury, loss, damage or death in any way connected with their participation in the Events. Participant acknowledges that participation in the Events is at Participant’s sole risk. Participant assume responsibility for maintaining control at all times while engaging in Events and for reading, understanding and complying with applicable signage.
E. Consumption of Alcohol. Participant is at least twenty-one (21) years of age and understands that alcohol may be available at Events. Alcohol consumption at Events is optional and a personal decision. By participating in Events, Participant agrees that any alcoholic beverages Participant consumes are Participant’s own choice and responsibility and shall be at Participant’s own discretion, risk, and liability. The CLUB reserves the right to excuse any Participant from the Events if said Participant becomes inebriated and misbehaves or has the potential to cause harm to him or herself or any other person or persons. If a Participant is excused from the Events pursuant to this paragraph, it shall be without any sort of reimbursement from or liability of CLUB. All Participants hereby assume all risk involved with the consumption of alcohol and unconditionally hold CLUB and its members harmless.
F. Promotional Release. Participant hereby grants CLUB a worldwide, royalty-free irrevocable license to use Participant’s photographic, video, or digital likeness for promotional, educational, and/or commercial purposes. This paragraph shall, however, be limited to pictures, videos and descriptions of events which are captured during the Events, or within a reasonable time thereof. Participant can opt out from providing permission for the Promotional Release discussed herein by providing notice, in writing, to CLUB.
G. Code of Conduct. I, the Participant, agree to the terms of this Code of Conduct for myself.
1. To abide by the policies approved by the CLUB.
2. To communicate with common courtesy and collegial respect; disagree without being disagreeable.
3. To create a welcoming environment for new members and for volunteer leaders.
4. To avoid cliquishness and language behavior that offends others.
5. To accept personal responsibility for my conduct and behavior at CLUB events. I, the Participant, understand and agree that the CLUB neither assumes nor accepts responsibility for my or any other participant’s actions.
6. To drink responsibly if I choose to consume alcoholic beverages at CLUB Events.
H. Use of Club Roster. I agree to use the club roster only for club membership information and not for solicitation of business, advertisement, or any other means.
I. Release of Claims. In consideration for Participant being able to participate in Events, Participant hereby agrees, to the fullest extent permitted by Colorado law, to waive any and all claims and to hold harmless, release, indemnify and agree not to sue the CLUB or the Release Entities (defined below) from all liability or claims which may arise from participation in the Events. This paragraph shall be inclusive of, but not limited to, any bodily injury or death resulting from exercise, exposure to food or beverage allergies, food borne illnesses, theft of or damage to Participant, Participant’s property, transportation or commute, as well as any exposure to adverse weather conditions, or choking. Participant hereby forever and unconditionally releases CLUB, its officers, employees, agents, successors in interest and insurers (hereinafter referred to as the “Released Entities”), from all claims, actions, damages, liabilities, losses, costs, and expenses, including, without limitation, attorney fees, in any way arising out of, or resulting from, Participant’s participation in the Events. Participant further acknowledges that CLUB is in no way liable for any injury to resulting from Participant’s own conduct or behavior.
J. Indemnification. Participant agrees to pay all costs, fees, expenses and charges arising from any act or conduct of Participant that results in damage or injury to any person, including, but not limited to, any third-party participant of the Events or employee of CLUB. Participant further agrees to indemnify and hold CLUB harmless from and against any such act or conduct which results in damages of any kind.
K. Jurisdiction, Costs and Fees. This Agreement shall be governed by the laws of the State of Colorado. Participant agrees to pay all costs, including attorneys’ fees incurred by the Club and/or the Released Entities in defending an investigation, claim or lawsuit brough by or on behalf of Participant whether arising in whole or in part from Participant’s participation in any Event or from any misrepresentations or fraudulent execution of this Agreement.
L. Acknowledgement. Participant acknowledges that he or she has carefully read this Agreement and submits to all the foregoing provisions before attending any Event(s). Further, Participant acknowledges that he or she enters into this Agreement under his or her own volition. Participant acknowledges that he or she is giving up substantial rights by agreeing to the provisions of this Agreement. Participant understands that this is a legal document. Upon signing below (including electronic signatures and electronic acknowledgments), I am giving up my right to sue or otherwise make claims against CLUB as defined herein and limiting my recovery for any allowable claims. Without this Waiver and Assumption of Risk, CLUB will not allow me to participate in any Event(s). Participant has received and had the opportunity to review this waiver and is participating in Events and Participant acknowledges acceptance of all the terms of this Agreement.
Name: ______________________
Email: ______________________
Signature: ___________________
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