WARNING: Although precautions are taken to provide proper organization, supervision, instruction and equipment for your participation in our program, there can be no guarantee of absolute protection against injury and unforeseeable accident. We’ll do our best to make your experience safe and enjoyable, but there are elements of risk in any adventure, sport or program involving the outdoors, wilderness, or animals, including but not limited to hiking, horseback riding, canoeing, rafting, and other activities available at Rimrock Adventures L.L.C (referred to herein as “activity”). I acknowledge that I may decline to participate in any activity.
ACKNOWLEDGEMENT OF RISKS: I recognize that there are inherent dangers in the activity and that the risks may result in serous injury or death due to hazards which include but are not limited to the following:
HIKING/CAMPING: 1) Falls; 2) Cold weather related injuries; 3) Heat related illnesses, including heat exhaustion and heat stroke; 4) Altitude related sickness, including acute mountain sickness, pulmonary edema, and/or cerebral edema; 5) An “act of nature” which may include avalanche, rock fall, crevasse fall, and severe temperature or winds; 6)River crossings or travel, including travel to or from the activity; 7) Risks associated with crossing, climbing, or down climbing rock, snow or ice; and 8) Varied diet and water source and the presence of insects or wild animals
PRESENCE OR USE OF SADDLE ANIMALS: 1) Uneven, unstable, wet, or slippery ground or road surfaces, trees, branches, rocks, stones, gravel, mud, water, and/or objects on the ground or roadway; 2) Inclement weather, thunder and lightning, variances and severity of wind, temperature and weather conditions; 3) The presence of motorized and non-motorized vehicles, other horses and riders; 4) Movement, holes, and contact with objects which may frighten or cause an animal to rear, buck, bolt, run or otherwise move unpredictably and with force.
USE OF WATER CRAFT: 1) Changing water flow or currents, trees, branches, rocks and boulders, and submerged and/or semi-submerged objects; 2) Varying wind and weather conditions, the stability characteristics of my water craft, and my physical coordination and ability to control the craft or follow directions; 3) Getting into or out of the water craft; 4) Collisions, capsizing or sinking, which can result in getting wet, injured, exposed to the elements, and/or drown.
I REALIZE THAT 1) personal property may be damaged or lost; 2) certain foreseeable and unforeseeable events, including equipment malfunction or failure, can contribute to the unpredictability of the risks, damages, and hazards of the activity; 3) I may suffer accidents or illnesses in remote places where there are no available medical facilities; 4) travel to or from an activity presents its own hazards; 5) I should ask about other potential risks, danger, and hazards and recommended precautions and procedures; and 6) wearing appropriate clothing and footwear for all activities and a U.S. Coast Guard approved Personal Floatation Device while in or on the water are basic safety precautions.
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In recognition of the inherent risks of the activity which I and any minor children for which I am responsible will engage in, I confirm that I am (we are) physically and mentally capable of participation in the activity and/or using equipment. I/We participate willingly and voluntarily, and I assume full responsibility for personal injury, accidents or illness, including death, whether contributory or comparative, and for damage to or loss of my/our personal property, and any expenses incurred. I assume the risks of personal injury, accidents and or illness, including but not limited to sprains, abrasions, and/or contusions, dehydration, oxygen shortage (anoxia), exposure, and/or altitude sickness; head, neck and/or spinal injuries, animal bites or sting, insect bite, allergic reaction, shock, paralysis, drowning, and/or death and acknowledge that during the activity I/We may experience fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of an accident. I/We will wear a life jacket while in or on any raft or canoe. If using a tube, participants who are not competent swimmers will wear a life jacket. I/We will use the “buddy system” for swimming or tubing.
RAFTING, HORSEBACK RIDING, CAMPING AND HIKING WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.
UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTIONS OF THE RISK LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS.
BE AWARE: Under Colorado law, an equine professional is not liable for injury to or death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Section 13-21-120, Colorado Revised Statutes.
THE FOLLOWING SECTION ONLY APPLIES TO CUSTOMERS WHO ARE RENTING EQUIPMENT OR PARTAKING IN SELF-GUIDED TRIPS AND RENTALS. I acknowledge that this river running activity has inherent risk, hazards, and dangers for any rafter, kayaker, or canoeist that cannot be eliminated, particularly in a wilderness environment.
I UNDERSTAND THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE WITHOUT LIMITATION:
I acknowledge that I have had the opportunity to discuss the river rafting activity with the appropriate people and to ask questions relative to the use of the rental items and possible hazards and perils which may be present during the activity to my satisfaction in order to make a sound decision relative to my participation in this activity. In consideration of RIMROCK ADVENTURES, making arrangement for assisting me in participation in the river rafting activity. I hereby assume and accept any and all risks of injury, paralysis, or death with full knowledge of the risks, hazards, and dangers connected with this activity.
By signing below I am hereby assuming all risks and assume liability for all people using any rentals under this agreement. I have notified those who are using or joining as a passenger and made them aware of the risks of rafting and assume all liability of those utilizing the items rented.
Lastly, I, for myself, my heirs, successors, executors and subrogers, herby knowingly and intentionally waive and release, indemnity and hold harmless Rimrock Adventures, its officers, agents, employees and volunteers from and against any and all claims, actions, causes of negligence of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis or death to me or my property as a result of my participation in this activity whether such damage, loss, injury, paralysis or death results from negligence of Rimrock Adventures its officers, agents, employees and volunteers or from some other cause.
I HAVE CAREFULLY READ, CLEARLY UNDERSTAND AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE AGREEMENT.
COVENANT OF GOOD FAITH: I recognize that you, as provider of services, will operate under a covenant of good faith and fair dealing, but that you may find it necessary to terminate an activity due to forces of nature, medical necessities or problems in the group, and/or refuse or terminate the participation of any person you judge to be incapable of meeting the rigors or requirement of participation in the activity. I accept your right to take such actions for the safety of myself and/or other participants. I acknowledge that no guarantees have been with respect to objectives.
AUTHORIZATION: I hereby authorize any medical treatment deemed necessary in the event of my injury while participating in the activity. I either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf.
RELEASE: In consideration of services or property provided, I, for myself and any minor children for which I am a parent, legal guardian, or otherwise responsible, any heirs, personal representatives or assigns, do hereby release RIMROCK ADVENTURES, L.L.C., its principles, directors, officers, agents, employees, and volunteers, and to each and every landowner, municipal and/or governmental agency upon whose property an activity is conducted from all liability and waive all claim for damages arising from any cause whatsoever (except that which is the result of gross negligence).
I HAVE READ THE FOREGOING ACKNOWLEDGEMENT OF RISKS, ASSUMPTIONS OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT I MAY BE WAIVING VALUABLE LEGAL RIGHTS.
Consent to Electronic Delivery.
You specifically agree to receive and/or obtain any and all Rimrock Adventures y "Electronic Communications" (defined below). The term "Electronic Communications" includes, but is not limited to, any and all current and future notices and/or disclosures that various federal and/or state laws or regulations require that we provide to you, as well as such other documents, statements, data, records and any other communications regarding your relationship with Rimrock Adventures. You accept Electronic Communications provided via Rimrock Adventures as reasonable and proper notice, for the purpose of any and all laws, rules, and regulations, and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep.
Paper version of Electronic Communications.
You may request a paper version of an Electronic Communication in lieu of signing this and any future agreements electronically. To request a paper copy of an Electronic Communication please send us notice, signature required, certified mail ATTN: Rimrock Adventures, 927 Highway 340, Fruita, CO 81521.
Revocation of electronic delivery.
You have the right to withdraw your consent to receive/obtain communications via Rimrock Adventures at any time. You acknowledge that Rimrock Adventures reserves the right to restrict or terminate your access to our goods and services if you withdraw your consent to receive Electronic Communications. If you wish to withdraw your consent, please send us notice, signature required, certified mail ATTN: Rimrock Adventures, 380 28 Road, 927 Highway 340, Fruita, CO 81521.