RELEASE, WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT — Revs & Reps
In consideration of being allowed to attend and take part in Revs & Reps (the "Event"), presented by ZOR Fitness together with 218 Customs and Barakah Brews (together, the "Hosts"), I agree as follows. Please read this carefully: it affects your legal rights.
1. ACKNOWLEDGMENT OF RISK. I understand that the Event includes open gym and weightlifting (barbells, free weights, racks, platforms and other fitness equipment), strength contests and head-to-head sets, a car meet with parked and moving vehicles, running engines and vehicle displays, crowds, vendors serving hot drinks and food, and outdoor areas including a parking lot, all subject to weather and the condition of the premises. These activities carry inherent and other risks, including but not limited to muscle strains and tears, sprains, broken bones, head, neck and spinal injuries, cardiac events, heat or cold illness, burns, being struck by equipment, dropped weights or a vehicle, slips, trips and falls, damage to or theft of my property or vehicle, permanent disability and death. These risks may arise from my own actions or inaction, the actions or inaction of other attendees, the condition of the premises or equipment, or the NEGLIGENCE OF THE RELEASED PARTIES named below.
2. VOLUNTARY PARTICIPATION AND ASSUMPTION OF RISK. My attendance and participation are entirely voluntary. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, EVEN IF THEY ARISE FROM THE NEGLIGENCE OF THE RELEASED PARTIES, and I accept full responsibility for my participation and for deciding which activities, lifts and loads are appropriate for me.
3. RELEASE AND WAIVER OF LIABILITY. For myself and on behalf of my heirs, assigns, personal representatives and next of kin, I HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the Hosts, their respective owners, members, managers, officers, employees, coaches, contractors, volunteers, vendors, sponsors, agents and insurers, and the owners, lessors and managers of the premises where the Event is held (together, the "Released Parties"), from any and all claims, demands, causes of action, losses and liability of any kind arising out of or related to any INJURY, ILLNESS, DISABILITY, DEATH, or LOSS OF OR DAMAGE TO PERSON OR PROPERTY that I may suffer in connection with my attendance at or participation in the Event, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, to the fullest extent permitted by law. This release does not extend to claims for gross negligence or willful and wanton misconduct, which cannot be waived under Colorado law.
4. INDEMNITY. I agree to INDEMNIFY, DEFEND AND HOLD HARMLESS the Released Parties from any loss, liability, damage or cost, including reasonable attorney fees, that they may incur as a result of my participation in the Event, of any claim brought by me or on my behalf, or of any claim by a third party arising from my conduct, my vehicle or my property at the Event.
5. FITNESS, CONDUCT AND PROPERTY. I certify that I am in good health, physically able to take part, and have no medical condition that would make participation unsafe, and that no healthcare provider has advised me otherwise. I will follow the posted rules and the instructions of Host staff and volunteers, use equipment only as intended, keep to the designated areas, and not take part while under the influence of alcohol, cannabis or any impairing drug. I am solely responsible for my own vehicle, belongings and guests. The Hosts may refuse or revoke entry, or end any activity, at their discretion and without refund (the Event is free).
6. MEDICAL TREATMENT. If I am injured or become ill, I consent to first aid and to emergency medical treatment and transport as deemed necessary by the Hosts or responding personnel, and I agree to be responsible for all related costs. The Released Parties are not responsible for the availability or quality of any such care.
7. PHOTO AND VIDEO. I understand the Event will be photographed and recorded. I grant the Hosts an irrevocable, royalty-free right to use my name, image, likeness and voice as captured at the Event in any media, now known or later developed, to promote the Hosts and future events, without further notice or compensation.
8. AGE AND MINORS. If I am 18 years of age or older, I confirm that I am legally competent to enter into this Agreement and that the date of birth I have given is true. A person under 18 may attend and take part in the Event, including the open gym and the head-to-head sets, only if a parent or legal guardian registers them, signs this Agreement on their behalf, and is present with them and supervising them for the entire Event; a minor who is left unaccompanied will not be permitted to lift and will be asked to leave. By signing for a minor, the parent or guardian confirms that the minor's date of birth given is true, agrees to every term of this Agreement for the minor and for themselves, accepts that the risks in Section 1 apply to the minor, and, as permitted by Colorado law (C.R.S. § 13-22-107), releases the Released Parties from claims for negligence on the minor's behalf and agrees to the indemnity in Section 4.
9. GOVERNING LAW, SEVERABILITY AND ENTIRE AGREEMENT. This Agreement is governed by the laws of the State of Colorado, and any dispute arising from it or from the Event shall be brought only in the state or federal courts located in Colorado. If any part of this Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect. This Agreement is the entire agreement between me and the Hosts on these matters and is intended to be as broad and inclusive as Colorado law permits.
10. SIGNATURE AND RECORDS. This Agreement may be signed on paper or on the Hosts' website. If I sign online, I agree that ticking the box and typing my initials constitute my electronic signature, with the same effect as a handwritten signature under the federal E-SIGN Act and Colorado's Uniform Electronic Transactions Act. The Hosts may keep a paper or electronic record of this Agreement, including the date, time and, for an online signature, the network address from which it was signed.
I HAVE READ THIS AGREEMENT IN FULL, I UNDERSTAND IT, I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES FOR THEIR NEGLIGENCE, AND I AGREE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.