PARTICIPATION, WAIVER, RELEASE AND INDEMNIFICATION AGREEMENT FOR VOLUNTEERS
In consideration for being permitted by the Aspen Skiing Company Environment Foundation, a 501(c)(3) organization (“ASCEF”), to volunteer as a ski- and boot packer at the Aspen Highlands ski area in Pitkin County, Colorado, from November 1, 2020, through February 1, 2021, (hereinafter the “Volunteer Event”) I am at least 18 years of age, and I agree to the following Waiver, Release, and Indemnification Agreement:
I hereby acknowledge that I have been advised of my responsibilities as a volunteer for the ski- and boot packing activities in connection with the Volunteer Event. When I am in the ski- and boot packing area (the “Volunteer Event Area”), I agree to be held by the same responsibilities of a competitor, as outlined in the Colorado Ski Safety Act of 1979, Section 33-44-110, as amended. In relevant part, this section states:
- The ski area operator shall, prior to the beginning of a competition, allow each competitor a reasonable visual inspection of the course or area where the competition is to be held.
- The competitor shall be held to assume the risk of all course venue or area conditions including, but not limited to, weather and snow conditions; obstacles, course or feature location, construction or layout, freestyle terrain configuration and conditions; and other courses, layouts, or configurations of the area to be used. No liability shall attach to a ski area operator for injury or death to any competitor caused by course, venue, or area conditions that a visual inspection should have revealed or by collision with other competitors.
I agree that I will take the opportunity to visually inspect the Volunteer Event Area and related facilities prior to and during the Volunteer Event. I HEREBY ACCEPT AND ASSUME THE RISK OF ALL VOLUNTEER EVENT AREA CONDITIONS THE VOLUNTEER EVENT AREA AND ALL RELATED FACILITES AS THEY EXIST AND AS THEY MAY CHANGE AT ANY TIME DURING THE VOLUNTEER EVENT.
I understand that there are significant, unavoidable, and inherent dangers and risks involved in any ski and boot packing activity. I ACKNOWLEDGE THAT THESE DANGERS AND RISKS INCLUDE, WITHOUT LIMITATION:
- risks arising from and associated with ski- and boot packing; (2) risks of fatigue and altitude sickness resulting from a physically demanding activity on demanding slopes; (3) risks arising from darkness, changing weather, changing temperatures, and changing snow conditions; (4) risks arising from high altitude, steep slopes, slippery slopes, high exertion, avalanches, loose rocks, and difficult footing; and (5) such other risks and dangers that are integral to ski and boot packing.
I AM AWARE AND ACKNOWLEDGE THAT PARTICIPATING IN SKI- AND BOOT PACKING ACTIVITIES POSES INHERENT DANGERS AND RISKS FOR ANY VOLUNTEER. I AM VOLUNTARILY PARTICIPATING IN THIS SKI AND BOOT PACKING VOLUNTEER EVENT WITH FULL KNOWLEDGE OF THE DANGERS AND RISKS INVOLVED AND HEREBY AGREE TO ACCEPT ANY AND ALL RISKS OF INJURY, INCLUDING PARALYSIS OR DEATH THAT MAY RESULT.
I acknowledge that I am a volunteer for the ski- and boot packing Volunteer Event and not an employee of ASCEF or Aspen Skiing Company, LLC. I further understand and agree that I am not entitled to any Workers’ Compensation or similar disability benefits provided by ASCEF or Aspen Skiing Company to its employees. I hereby represent and warrant under the penalty of fraud that I currently have valid health insurance which will cover any injury that may occur as a result of my involvement in the Volunteer Event.
I for myself, my heirs, successors, executors, and subrogors, HEREBY KNOWINGLY AND INTENTIONALLY WAIVE, RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS ASCEF, ASPEN SKIING COMPANY, LLC, their respective owners, partners, officers, agents, employees, sponsors, and volunteers (the “Released Parties”), from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorney’s fees) and ordinary NEGLIGENCE of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly as a result of my training, practicing for, and/and participation in the Volunteer Event, whether such damage, loss, injury, paralysis or death results from the ordinary NEGLIGENCE of the Released Parties, or from some other cause. I agree that I will not consume any intoxicating substances prior to or while participating in the Volunteer Event.
In consideration of allowing me to participate in the Event and of using the ski area facilities, I AGREE THAT ANY AND ALL CLAIMS for injury and/or death regarding an alleged incident shall be GOVERNED BY COLORADO LAW and EXCLUSIVE JURISDICTION shall be in the District Court for Pitkin County, Colorado or in Federal District Court for the State of Colorado. This Release shall be binding to the fullest extent permitted by law. If any provision of this Release is found to be unenforceable, the remaining terms shall be enforceable. This Release contains the entire, integrated agreement and understanding between and among me and the Released Parties, and that no party is relying on any representation, statement or understanding except as set forth herein.