Colorado American Legion Adventures, American Legion, Department of Colorado- Waiver of Liability Agreement

In consideration of Colorado American Legion Adventures, American Legion, Department of Colorado, Denver, CO, hereinafter referred to as the “CALA,” allowing the undersigned, hereinafter referred to as “Member,” to utilize the CALA program and participate in activities, including but not limited to, skydiving, parachuting, aviation, ground transportation, snowboarding, skiing, mountaineering, rock climbing, ice climbing, rafting, kayaking, caving, canyoneering, wakeboarding, waterskiing, repelling, abseiling, mountain biking, mountain boarding, kite sledding and other ancillary activities of the CALA, it is agreed that:

1. Assumption of Risk

The Member knows and understands that all of the aspects with these aforementioned activities present risks of permanent catastrophic injuries, disfigurement, or death. The Member understands the scope, nature, and extent of the risks and voluntarily chooses to incur such risk. ________(Initial here)

2. Exemption from Liability

The Member releases the Colorado American Legion Adventures, The American Legion, Department of Colorado, and all these entities' and associations' operators, officers, agents, servants, employees, parents, subsidiaries, affiliates, customers, vendors and lessors, from any and all liability, claims, loss or injury to the Member or the Member's property while upon the premises, or vehicles of the CALA or while participation in any of the activities contemplated by this agreement; whether such loss, damage or injury results from the negligence of The CALA, its operators, officers, agents, servants, employees, parents, subsidiaries, affiliates, customers, vendors or lessors, or from any other cause. ________(Initial here)

3. Covenant Not Sue

The Member agrees never to institute any suit or action at law, equity, or otherwise against the Colorado American Legion Adventures, The American Legion, Department of Colorado, and all these entities' and associations' operators, officers, agents, servants, employees, parents, subsidiaries, affiliates, customers, vendors and lessors of these entities or associations. The Member further agrees not to initiate or assist in the prosecution of any claim for damages or cause of action which the Members, the Member's heirs, executors, or administrators hereafter may have by reason of injury to the person or property of the Member arising from the activities contemplated by the Agreement. ________(Initial here)

4. Indemnity Against Claims

The Member will indemnify, save and hold harmless the Colorado American Legion Adventures, The American Legion, Department of Colorado, and all these entities' and associations' operators, officers, agents, servants, employees, parents, subsidiaries, affiliates, customers, vendors and lessors of these entities or associations from any and all losses, claims, actions, or proceedings of every kind and character which may be presented or initiated by any other persons or organizations and which arise directly or indirectly from the activities of the Member while engaged in the activities contemplated by this Agreement. _______(Initial here)

5. Obligation to Pay Expenses

The Member agrees to pay all the litigation costs of all the persons and entities identified in this Agreement, including all attorney fees, court costs, and disbursements incurred in any action or suit arising from or in part from any of the activities contemplated by this Agreement. ________(Initial here)

6. Continuation of Obligations

The Member agrees and acknowledges that the terms and conditions of the foregoing assumption of risk, exemption from liability, covenant not to sue, indemnity against third party claims, and obligation to pay expenses shall continue in effect at all times during which the Member participates, either directly or indirectly, in the activities of the CALA, and shall be binding upon the Member’s or his/her estate's heirs, executors and administrators. _______(Initial here)

By signing below, the Member acknowledges that he or she has read all of the provisions above, fully understands the terms and conditions expressed there, and has freely accepted the provisions of the foregoing paragraphs relating to assumtion of risk, exemption from liability, covenant not to sue, indemnity against claims, obligation to pay expenses, and continuation of obligations. The Member should not sign this agreement if he or she does not fully understand the above provisions. By signing this agreement you are giving up any right you may have now or in the future to sue the above identified persons and entities. And if you or anyone else commences a lawsuit against any of the entities or persons identified above, you will be required to pay any judgment and all the legal expenses including attorney's fees of those sued. If you have any questions concerning the terms and conditions of this Agreement, you should consult a lawyer prior to executing this Agreement or participation in the activities contemplated by this Agreement. ________(Initial here)

Representation and Warranties

The Member warrants that if he or she is not using equipment provided by the CALA, that the equipment used fully complies with all applicable Industry Regulations. _______(Initial here)

The Member represents and warrants that it is incumbent upon him or her to ascertain his mental and physical capability to participate in the aforementioned activities safely, and represents and warrants that he is not under treatment nor has ever been under treatment for any mental or physical infirmity that would prevent him or her from safely participating in the aforementioned activities. ________(Initial here)

By way of acceptance of this agreement, the Member has affixed his or her signature this

_____________ day of __________________, 20____________.

NOTIFY IN CASE OF EMERGENCY (Please Print):

Name:

Relationship to Participant:

Print Name:

Address:

City: State: Zip:

Telephone:

Email:

Date of Birth:

American Legion, SAL or Auxiliary Membership #:

Member Signature:

Witness Signature:

Witness Name:

Witness Date:

OFFICE USE ONLY - Do not write in this space

American Legion Membership Number: ______________________

Expiration Date: __________________________________

CALA Membership Number: __________________________

Expiration Date: __________________________________