Acknowledgment of Risk and Release of Liability

Waiver and Release for CMC Participants, Members and Youth

I (or, in the case of a family membership, we) and/or all members of my family over whom I have legal guardianship (collectively, “Participant”) wishes to become members of The Colorado Mountain Club, a Colorado nonprofit corporation (together with its employees, directors, trustees, agents, volunteers, instructors and members, “CMC”), and/or participate in activities, events or trips, the Youth Program, and/or use of CMC’s climbing wall located at 15605 W. 32nd Avenue, Golden, Colorado 80401 (the “Climbing Wall), that may be partially or wholly sponsored, organized, directed, conducted, or paid for by CMC. In exchange for the ability to join and/or participate in any such activities, events or trips, the Youth Program, or use of the Climbing Wall (collectively, “CMC Activities”), by Participant’s signature on (and/or clicking on the CMC webpage to agree to) this Acknowledgement of Risk and Release of Liability (“Release”), Participant hereby irrevocably and unconditionally agrees, on behalf of Participant and anyone over whom Participant has legal guardianship, together with Participant’s, heirs, estate, insurers, successors and assigns, as follows:

1. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK. I understand that any and all CMC Activities may be hazardous and may result in severe injury, loss, damage, or death. Participant understands and acknowledges that it is solely responsible for its own safety, and for taking every precaution to provide for its own safety and well-being while participating in CMC Activities. Participant understands and acknowledges that its skills and comfort level will be challenged during CMC Activities. Participant understands and acknowledges that it is solely responsible for assuring that Participant’s physical condition, skills, and equipment are adequate for Participant to participate safely in CMC Activities. Participant understands and acknowledges that CMC has no obligation to provide medical care and has not undertaken any responsibility to do so. Participant understands and acknowledges that CMC is not a guide service. Participant understands and acknowledges that many CMC Activities are led by volunteers whose abilities, skills, equipment, and actions are not independently controlled or verified by CMC. Participant understands and acknowledges that CMC Activities involve inherent, serious risks and dangers that are impossible to know or predict, including but not limited to: narrow or nonexistent trails; rough, exposed, unstable, steep or slippery terrain; slips and falls; high-altitude illness; changing weather conditions; lightning; cold weather; avalanches, icefall or rockfall; wild or poisonous animals, insects or plants; dangerous river or water crossings; fires or floods; contraction of or exposure to airborne illnesses and infectious diseases; other forces of nature; equipment malfunctions or failure or misuse; extreme remoteness from medical facilities or rescue; human errors including but not limited to navigation, in the provision of first aid or lifesaving efforts, and in travel by group; travel by motor vehicles or other conveyance; belayer inattention or error; rope burns; pinches; jolts; losing grip on a climbing hold; dangerous or unforeseen events involving the Climbing Wall, related objects or people; loose or damaged climbing holds; acts or omissions by CMC, its employees, agents, instructors, volunteers or members; and acts or omissions by other CMC Activity participants. Participant understands and acknowledges the foregoing and has considered and evaluated the nature, scope and extent of the risks involved, and Participant voluntarily and freely chooses to assume such risks.

2. RELEASE FROM LIABILITY. Participant fully and forever releases and discharges CMC, its volunteers, employees, agents, partners, leaders, instructors, members, guides, officers, directors, representatives, owners or operators of CMC Activities, facilities, equipment and vehicles, and all others involved in CMC Activities (collectively, the "Released Parties") from any and all injuries (including but not limited to death, illness, and disease), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability or claims of any kind (collectively, “Losses”), of or to Participant, its property, or any other person, directly or indirectly arising out of or in connection with Participant’s participation in or attendance at any and all CMC Activities, including transportation related to CMC Activities and the use of the Climbing Wall, even if it any such Loss is due to the negligence or other fault of the Released Parties.

3. COVENANT NOT TO SUE. Participant will not initiate any lawsuit, court action, or other legal proceeding against the Released Parties, nor join or assist in the prosecution of any claim for money damages which anyone may have, on account of injuries (including but not limited to death, illness, and disease), losses, or damages sustained by Participant or others in connection with Participant’s participation in or attendance at any or all CMC Activities, and Participant waives any right it may have to do so. This means that Participant cannot sue to hold the Released Parties responsible for any Losses that Participant may experience arising out of or related to CMC Activities, even if any such Loss is due to the negligence or other fault of the Released Parties. Participant waives its insurers' right to make a claim against the Released Parties based on payments by insurers to Participant or on its behalf for any reason. This means that Participant’s insurers have no right of subrogation against the Released Parties. If any portion of this Covenant Not to Sue is held to be invalid or unenforceable, such portion(s) shall be excluded from this Waiver and Release and the balance of the document shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms. Participant agrees that the venue of any lawsuit shall be the Jefferson County Colorado District Court, Golden, Colorado, and that, irrespective of any otherwise applicable choice-of-law statute, law or provision, Colorado statutory and substantive law shall apply to any such lawsuit, without regarding to rules or principles of conflicts of law that would result in the application of the laws of any other jurisdiction.

4. INDEMNITY. Participant will hold harmless, indemnify, defend, and reimburse the Released Parties from and for any sums, costs, or expenses (including attorney fees) incurred by any of the Released Parties or paid by them to any person (including me or my insurers) in connection with any accident, injury (including but not limited to death, illness, and disease), loss, or damage sustained by Participant or others in connection with Participant’s attendance at or participation in any CMC Activities, including transportation related to CMC Activities. This means that Participant will reimburse the Released Parties if anyone makes a claim against them based on injuries, losses, or damages Participant may suffer.

5. NO INSURANCE; MEDICAL EXPENSES. Participant understands and acknowledges that CMC and others involved in CMC Activities do not provide Participant with any insurance, including life, medical, dental, motor vehicle, or liability, for any illness, accident, injury, loss, or damage that may arise in connection with Participant’s participation in or attendance at any CMC Activities. If Participant intends to obtain insurance of any kind, Participant must obtain its own insurance coverage and be responsible for its own insurance premiums. Participant will pay its own medical expenses and all subsequent medical expenses associated with any illness, disease, accident, injury, or death in connection with any CMC Activities.

6. VALIDITY. Participant understands and acknowledges that this Waiver and Release will apply and bind Participant in connection with any CMC Activities at anytime and anywhere in the world. Participant agrees that its signature below has the force and effect of indicating its agreement to the terms of this Waiver and Release. Likewise, if Participant has executed this Waiver and Release by clicking on the acceptance button on the CMC web page, that action constitutes Participant’s acceptance of this Waiver and Release with the same force and effect as if Participant were to sign a printed copy of this Waiver and Release. If family membership is applied for, Participant agrees that its clicking on the acceptance button on the CMC web page constitutes the agreement of each person over whom Participant has legal guardianship to all the terms and conditions of this waiver and Release. Participant further understands and agrees that payment of CMC dues or fees constitutes additional, independent acceptance of all the terms of this Waiver and Release. Participant further understands and agrees that its signature of a printed copy of this Waiver and Release is not required to give effect to its acceptance of the terms of this Waiver and Release, but Participant will immediately provide its signature on a printed copy of this Waiver and Release upon request. If any portion of this Waiver and Release is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This Waiver and Release supersedes any oral or written statements made by or to Participant at any time by anyone in connection with any CMC Activities. Participant understands and acknowledges that it cannot terminate, cancel, or revoke this Waiver and Release for any reason.

7. PHOTO RELEASE. Participant hereby gives full consent to CMC to photograph Participant and/or publish any photographs or videos in which Participant or any person over whom Participant has legal guardianship appears. Participant agrees that said photos or videos may be used for public display and/or publication for nonprofit purposes.

8. CODE OF CONDUCT. Participant has received, reviewed and acknowledges CMC’s Code of Conduct, as such code may be amended, supplemented or modified from time to time (the “Code of Conduct”). Participant hereby agrees to abide by, adhere to and comply with the terms of the Code of Conduct in connection with all CMC Activities. Participant understands and acknowledges that violations of the Code of Conduct may result in disciplinary actions including verbal warnings, written warnings, suspension of volunteer roles or membership, or expulsion from CMC.

PARTICIPANT UNDERSTANDS THAT THIS IS A LEGAL DOCUMENT AND THAT BY SIGNING PARTICIPANT IS AGREEING TO ITS TERMS WITH THE SAME FORCE AND EFFECT. PARTICIPANT UNDERSTANDS THAT BY AGREEING TO THIS ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY PARTICIPANT IS GIVING UP ITS RIGHT TO SUE OR OTHERWISE MAKE ANY CLAIM AGAINST THE RELEASED PARTIES. PARTICIPANT HASREAD THIS ENTIRE DOCUMENT CAREFULLY. PARTICIPANT FULLY UNDERSTANDS THIS DOCUMENT’S CONTENTS AND VOLUNTARILY AGREES TO ITS TERMS.