THIS FORM MUST BE SIGNED BEFORE PARTICIPANT MAY PARTICIPATE IN ANY ACTIVITY
ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY
Limitless Expeditions, LLC (referred to as Expeditions below) offers various camps and field trips for children. A condition to participating in any of the camps or field trips is that Expeditions be released from all liability. This Assumption of Risk, Waiver and Release of Liability (Release Agreement) is intended to be, and is, legally binding. You, as parent and/or guardian of the child identified below (the Participant) are waiving important rights, including the right to bring any type of action, whether in court or otherwise, to recover compensation or obtain any other remedy for any breach of contract, personal injuries, any accident or incident of any type, or death, arising out of or related to participation in any activities with Expeditions, whether the participation is supervised or unsupervised, regardless of where such activity is conducted.
If any aspect of this Release Agreement is unclear to you, please consult with your attorney prior to signing. If you disagree with any aspect of this Release Agreement do not allow Participant to participate in any activities with Expeditions. By signing this Release Agreement, you agree you fully understand and agree to this Release Agreement and that you and the Participant, and others on your behalf or by or through you, are bound by the terms of this Release Agreement.
1. For adults signing this Release: With respect to the Participant, I represent and warrant that I am the parent or duly appointed guardian of the Participant and that either (a) I have sole decision making authority to enroll the Participant in extra-curricular activities, including with Expeditions, or (b) both parents consent to the Participant participating with Expeditions. I consent to the Participant participating in activities with Expeditions.
2. I hereby agree that Participant is voluntarily engaging in all activities undertaken with Expeditions. By participating in any activity or following any recommendations of Expeditions, Participant is doing so entirely at his or her own risk and I and Participant assume that risk.
3. I understand that Expeditions includes camps and field trips that may include
+ working with and launching pressurized water/air or solid fuel rockets;
+ being a passenger and flying in a live Aspen Flying Club aircraft with an Aspen Flying Club FAA certificated Private Pilot;
+ being in the vicinity of or inside a full motion flight simulator;
+ being in the vicinity of or on airport property, including ramps;
+ being in close proximity to or inside live aircraft that may be moving or stationary;
+ being in an aircraft maintenance facility hangar;
+ being in an airport control tower and on the outside balcony of the control tower;
+ using tools for building items including, but not limited to, drills, hammers, screwdrivers, small Xacto knives, scissors, etc.;
+ using materials such as paints and adhesives including, but not limited to, glue and tape;
+ participating in light physical activity, whether inside or outside including, but not limited to, walking, jogging or calisthenics;
+ being transported to such activities in a moving vehicle; and
+ being guided or chaperoned by adults.
Participating in these activities could result in personal injury including, but not limited to, falling; having something fall on the Participant; being injured by a tool or other item; being injured by another participant, host or person; becoming lost or left behind; becoming ill; a staff member may misjudge the Participant’s capabilities, health or physical condition; among other risks. All of these activities, and other activities and risks not specifically listed above, may result in damage to property, injury or even death. Expeditions cannot assure the Participant’s safety or eliminate these risks.
I understand that if the Participant wishes to be a passenger with Aspen Flying Club (Aspen) I will have to register directly with Aspen, that Aspen (through its agents) operates the flight program, operates the flight, and that Expeditions is not affiliated with Aspen and shall have no responsibility or liability with respect to Participant’s election to participate in any Aspen flight program.
4. In consideration of Participant being allowed to participate in activities offered by Expeditions, I hereby agree on behalf of myself, the Participant and anyone acting on my or the Participant’s behalf, and my or Participant’s spouse, parents, children, siblings, next-of-kin, heirs and representatives: (a) to waive, release, hold harmless and forever discharge Expeditions and their respective managers, members, owners, officers, directors, agents, employees, independent contractors, heirs, beneficiaries, insurers, and all others acting on their behalf (each a “Releasee” and together the “Releasees”) from any and all claims, demands for loss, damages, injuries or other causes of action whatsoever, including those caused by the negligent act or omission of any Releasee or in any way arising out of or connected with participation in activities held at, offered by and/or directed by Expeditions, or operated by the EAA; and (b) not to sue or otherwise make any claim on account of any illness, injury, damage or loss whatsoever that I or Participant experiences. I intend this waiver, release and discharge to be effective even if the illness, injury, damage or loss results from the negligence of any person (but not gross negligence, or willful, wanton or criminal conduct). On behalf of the Participant, myself, and my spouse, the Participant’s or my parents, children, siblings, next-of-kin, heirs and representatives, I hereby voluntarily give up any right that I or they may otherwise have to bring any legal action against Expeditions and its managers, members, owners, officers, directors, agents, employees, independent contractors, heirs and beneficiaries for any breach of contract, personal injury (including death) or property damage or loss even if it was the result of the negligence of any person.
5. I agree if I or anyone on my or Participant’s behalf, or my or Participant’s spouse, parents, children, siblings, next-of-kin, heirs or representatives files a lawsuit or otherwise makes a claim or demand against any Releasee, I will indemnify the Releasee and pay all damages, judgments or amounts, expenses (including attorneys’ and expert witness fees) incurred by Releasee related to such lawsuit or claim.
6. I agree I will defend, indemnify, and hold harmless Expeditions and its employees, contractors, and agents from and against any claim, demand, loss, injuries or other causes of action arising out of any damage caused by the Participant.
7. I have notified Expeditions of any conditions, impairments or illnesses that might or would impact or prevent the Participant from participating in Expeditions’ camps and field trips. This notice must be in writing. I understand that the Participant could contract an illness by being around others who have not been vaccinated against such illnesses. On behalf of myself and Participant, I hereby assume all risks and responsibility for Participant’s participation in any and all activities. Expeditions is authorized, if it deems advisable, to arrange for emergency medical treatment and hospitalization at my expense without any further consent. Expeditions may share Participant’s health information with the health care providers.
8. Participant is not obligated to participate in any activity that he or she does not wish to do and Participant may refuse such participation at any time. Participant must orally inform Expeditions specifically that he or she wants to stop his or her participation. No refund will be given for activities in which Participant stops his or her participation after the activity has begun. I will be responsible for all costs that are incurred to accommodate Participant’s decision not to participate (such as transportation and additional staffing requirements resulting from the nonparticipation).
9. With no compensation to me or to Participant, Expeditions is permitted to take photographs, videos and/or digital images of Participant for use in Expeditions’ promotional or advertising materials, educational activities, exhibitions, website, or for any other use for the commercial benefit of Expeditions. If I or Participant decides to withdraw such permission, I will inform Expeditions of this in writing and Expeditions will have thirty days to stop its use, but it will have no obligation for items outside its possession or control. All such images are the sole property of Expeditions.
10. This Release Agreement contains the full and complete understanding between the parties with respect to the subject matter of this Release Agreement and supersedes all prior or contemporaneous representations or agreements, whether oral or written. This Release Agreement is governed by Colorado law, and any action arising out of or related to this Release Agreement may be brought only in the county in which Expeditions has its principle place of business. The rights and obligations under this Release Agreement may not be assigned without Expeditions’ written consent. This Release Agreement is intended to be interpreted and enforced to the fullest extent allowed by law. If any provision in this Release Agreement is found to be invalid or unenforceable, the provision shall be modified so that it is valid and enforceable to the fullest extent permitted by law and the remaining provisions of this Release Agreement shall remain enforceable. The provisions of this Release Agreement shall survive the signing of this Release Agreement
I have carefully read this Release Agreement, understand its contents, agree to its terms, and on behalf of myself and Participant sign it of my own free will with full knowledge that I am releasing and/or waiving certain legal rights that I, the Participant and others, by or through me or Participant, otherwise might have.