Waiver Terms & Conditions

 

WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT

READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS.

“Adult” means the undersigned adult participant, being at least 18 years old, signing on behalf of himself/ herself and/or the undersigned parent(s) or legal guardian(s), being at least 18 years old, signing on behalf of the minor(s) named above (“Minor”) so that the minor(s) will be permitted to engage in any Activity. “Undersigned” means the Adult and Minor(s) collectively. “Participant” means the person(s) actually taking part in any Activity. “Shredder” means Shredder (Urban Ski and Snowboard Park), Urban Shredder, and Shredder LLC, Shredder Kids LLC, Shredder Ski Holdings Corporation, Shredder Franchise Holdings LLC, Shredder Lafayette LLC, Shredder Wheat Ridge LLC, its stockholders, directors, affiliates, subsidiaries, representatives, contractors, employees, officers, managers, and agents, including, but not limited to, as well as the successors and assigns of each of them (collectively, the “Released Parties”)” its Successors and/or Assigns. “Activity” means participation in any or all activities and programs at Shredder, including without limitation, all camp programs and all other Shredder activities, which include, without limitation, tubing, skiing, snowboarding, skateboarding, use of skateboards, trampolines, tumbling, being spotted, use of foam boards, trampoline boards, trampoline skis, landing pits and bags, ramps, rails, boxes, demonstrations, and performances, strength and endurance training and/or any other uses of Shredder’s facilities, activities, or equipment, or other venues as may be utilized for Shredder activities and programs. The Undersigned understands that Participant is not permitted to take part in any Activity unless this Warning, Assumption of Risk, Release of Liability and Indemnity Agreement (“Agreement”) is fully executed.

THE UNDERSIGNED UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT THIS AGREEMENT APPLIES FOR EACH AND EVERY DAY PARTICIPANT ENGAGES IN AN ACTIVITY, WITHOUT REQUIRING THE UNDERSIGNED TO SIGN AN ADDITIONAL FORM FOR EACH DAY AND/OR EACH ACTIVITY, UNTIL REVOKED IN WRITING AND THAT WRITING IS ACCEPTED IN A WRITING SIGNED BY AN AUTHORIZED REPRESENTATIVE OF SHREDDER.

Adult agrees to read, to have Minor read and, if necessary, explain to Minor all posted signs and warnings including instructions on use of facilities and equipment and Undersigned agrees Participant will obey all signs and warnings posted at Shredder and instructions from Shredder staff. Adult agrees and understands that Minor may at times use equipment without a coach, Shredder representative, or other adult present. The Undersigned understands that any Activity involve risks of injury and/or death. The Undersigned acknowledge that there are dangers and risks of participating in any Activity. Undersigned understands that there will be other Activity participants at or around Shredder. Additional risks of any Activity include, without limitation, falls, drops, hits, depressions, equipment and feature malfunction, bruising and damage to clothes from falls on the skiing and other surfaces, collisions with other participants, spectators and property. Undersigned understand that the use of Shredder facilities and participation in any Activity involves dangers and risks, including but not limited to, the risks mentioned above, as well as high elevation, slippery surfaces, slick or uneven surfaces, and overexertion. The Undersigned understands that there are risks involved in decision-making and conduct of Shredder employees involved with an Activity, including, but not limited to, the risk that a coach/counselor/instructor may misjudge Participant’s abilities, conditioning, or some aspect of Participant's mental, emotional or physical condition that may make a certain portion of any Activity appropriate or inappropriate for the Participant. Adults are responsible to safely walk and guide themselves and minor from their car through the parking lot to the facilities’ entrance. When entering and exiting, Adult agrees to hold onto the hand rails and use other safety precautions when entering and exiting the facility and when walking though the parking lot. Adult acknowledges on Adult's and Minor's behalf that falls both inside and outside of the facility and collisions occur and INJURIES or DEATH may result from participation in any Activity.

The Undersigned agrees to inspect all equipment and facilities before use and ask questions of Shredder employees or staff if Participant does not fully understand how to use the equipment and facilities. Undersigned accepts for use "AS IS" any equipment and facilities Participant uses and agrees to notify Shredder personnel of and, if applicable, to return immediately for replacement or repair any equipment believed to be damaged or defective. Adult accepts full responsibility for the care of the equipment used for an Activity including rental and/or demo ski and snowboarding equipment and agrees that Adult is responsible for the replacement at full retail value of any equipment damaged or not returned. The Undersigned agrees that Participant must wear a helmet at all times while skateboarding, skiing, snow boarding, and biking, and while participating in any Activity on synthetic snow surface. The Undersigned acknowledges and understands that a helmet cannot guarantee Participant's safety and no helmet can protect the wearer against all potential head injuries or prevent injuries to the wearer's face, neck or spinal cord.

Undersigned understands, agrees, and represents that Participant must always engage in reasonable inspection and decision-making pertaining to participation. Undersigned freely assumes all dangers and risks of all venue conditions, including but not limited to, course or feature design, course or feature construction, course or feature layout, course or feature terrain, jumps, and obstacles and course or feature maintenance. Participant will be entering into and using equipment that contains jumps, ramps, banks, and other constructed and natural features.

THE UNDERSIGNED UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT USE OF THE AERIAL EQUIPMENT IS MORE HAZARDOUS AND DANGEROUS THAN ORDINARY RECREATIONAL SKIING AND, IN PARTICULAR, THAT BECOMING INVERTED DURING AN AERIAL MANEUVER SUBSTANTIALLY INCREASES THE RISK OF SERIOUS INJURY OR DEATH.

The Undersigned understands and acknowledges that coaching or other supervised participation in an Activity does not in any way eliminate the dangers and risks of an Activity or dangers and risks involved in

using aerial equipment, including but not limited to; tramps, ramps, slopes, and foam pits. RECOGNIZING AND ACCEPTING THE ABOVE AND ALL OTHER RELATED DANGERS AND RISKS, UNDERSIGNED FREELY ACCEPTS AND FULLY ASSUMES ALL RISKS, DANGERS AND RISKS ASSOCIATED WITH EACH ACTIVITY, USING SHREDDER AND ALL EQUIPMENT, AND THE POSSIBILITY OF LOSS, PERSONAL INJURY OR DEATH RESULTING THEREFROM AND, ADULT VOLUNTARILY CHOOSES TO TAKE PART IN THE ACTIVITY OR VOLUNTARILY CHOOSES TO ALLOW MINOR TO TAKE PART IN THE ACTIVITY.

ADULT ACKNOWLEDGES, UNDERSTANDS, AND AGREES THAT BY SIGNING THIS AGREEMENT, ADULT FOR HIM/HER SELF AND, IF APPLICABLE, ON BEHALF OF MINOR, IS WAIVING RIGHTS, AND RELEASING CLAIMS IN CONNECTION WITH, AND IS VOLUNTARILY ASSUMING ALL DANGERS AND RISKS OF EACH ACTIVITY, WHETHER INHERENT OR OTHERWISE, AND REGARDLESS OF WHETHER IDENTIFIED IN THIS AGREEMENT. ADULT FURTHER UNDERSTANDS THAT HE/SHE AND, IF APPLICABLE, ON BEHALF OF MINOR, HOLD HARMLESS SHREDDER, THE UNITED STATES, FLATIRON INVESTMENTS LP, and each of their insurance carriers, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, assignees, employees, volunteers and agents, as well as any Activity sponsors and equipment manufacturers and distributors (collectively, the "Indemnified Parties") that are based on, arise or result from, in whole or in part, participation in any Activity IN THE EVENT THAT ANY INJURY MAY OCCUR.

Shredder has the right to confiscate passes or revoke the privileges conferred by a member where in the sole judgment of its representative, Participant acts inappropriately in any fashion. A membership is NOT TRANSFERABLE and CANNOT BE RESOLD. A membership may be confiscated with no re-issue, if in the sole judgment of a Shredder representative, it is used in a fraudulent, reckless or dangerous manner. Reissued passes may be subject to a replacement fee.

Adult warrants that the Participant has the skills, dexterity and endurance to safely participate in each Activity AND WILL AT ALL TIMES PARTICIPATE WITHIN HIS/HER ABILITIES and there are no special problems with the care of Participant that have not been disclosed in writing to Shredder. Undersigned

authorize the Released Parties and/or their authorized personnel to provide treatment and/or call for medical care for Participant and/or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agrees to pay all costs associated with such medical care and related transportation.

In partial consideration for accessing Shredder facilities and participating in any Activity, Adult agrees for him/herself and MINOR that ALL claims arising from or related to any Activity, including for injury to person or property and/or death is GOVERNED BY COLORADO LAW. UNDERSIGNED VOLUNTARILY AND IRREVOCABLY WAIVES ANY OBJECTION TO SUCH LAW AND JURISDICTION.

This Agreement is binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms are enforceable. THE UNDERSIGNED PARENT OR LEGAL GUARDIAN REPRESENTS AND ACKNOWLEDGES THAT HE/SHE IS ENTITLED TO, AND IS SIGNING THIS AGREEMENT ON BEHALF OF, MINOR AND THAT MINOR IS BOUND BY ALL THE TERMS OF THIS AGREEMENT. THE UNDERSIGNED UNDERSTANDS AND AGREES THAT IF THIS AGREEMENT IS NOT SIGNED ON BEHALF OF MINOR, MINOR WILL NOT BE PERMITTED TO PARTICIPATE IN ANY ACTIVITY. This Agreement is binding upon Undersigneds' assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.

Adult hereby for himself/herself, and if applicable, on behalf of minor (1) ASSUMES ANY AND ALL RISKS OF INJURY OR DEATH to Participant while or as a result of participating in any Activity; (2) WAIVES, RELEASES, and AGREES NOT SUE, MAKE ANY CLAIMS OR FILE ANY ACTIONS against Shredder, and each of their insurance carriers, subsidiaries, affiliates, officers, directors, shareholders, landlords, members, representatives, assignees, employees, volunteers and agents, as well as any Activity sponsors and equipment manufacturers and distributors (collectively, the "Indemnified Parties") that are based on, arise or result from, in whole or in part, participation in any Activity; (3) AGREES TO INDEMNIFY, DEFEND AND HOLD THE INDEMNIFIED PARTIES HARMLESS from any and all claims, demands, actions, causes of action, losses or liabilities whatsoever arising from or related to participation in any Activity and any loss, damage or injury, including death, that may be sustained by Participant or caused to others or their property by Participant. The Undersigned agrees to pay all costs, including reasonable attorneys' fees and disbursements, incurred by any Indemnified Party in defending an investigation, claim or suit brought by, on behalf of, or as a result of Undersigned.

THE UNDERSIGNED, HAVING CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS AND SIGNS IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.

PARTICIPANTS RELEASE

“Adult” means the undersigned adult participant, being at least 18 years old, signing on behalf of himself/ herself and/or the undersigned parent(s) or legal guardian(s), being at least 18 years old, signing on behalf of the minor(s) named above (“Minor”) so that the minor(s) will be permitted to engage in any Activity. “Undersigned” means the Adult and Minor(s) collectively. “Participant” means the person(s) actually taking part in any Activity. “Shredder” means Shredder (Urban Ski and Snowboard Park), Urban Shredder, and Shredder LLC, Shredder Kids LLC, Shredder Ski Holdings Corporation, Shredder Franchise Holdings LLC, Shredder Lafayette LLC, Shredder Wheat Ridge LLC, its stockholders, directors, affiliates, landlords, subsidiaries, representatives, contractors, employees, officers, managers, and agents, including, but not limited to, as well as the successors and assigns of each of them (collectively, the “Released Parties”)” its Successors and/or Assigns. “Activity” means participation in any or all activities and programs at Shredder, including without limitation, all camp programs and all other Shredder activities, which include, without limitation, tubing, skiing, snowboarding, skateboarding, use of skateboards, trampolines, tumbling, being spotted, use of foam boards, trampoline boards, trampoline skis, landing pits and bags, ramps, rails, boxes, demonstrations, and performances, strength and endurance training and/or any other uses of Shredder’s facilities, activities, or equipment, or other venues as may be utilized for Shredder activities and programs.

For good and valuable consideration, herein acknowledged as received, and by signing this Release, Undersigned gives Shredder permission to take and use photographs, video recordings, or movies of Participant taken during an Activity for any purpose in promoting Shredder or Shredder activities in print, brochures, advertisements, films or videos and on broadcast presentations of any sort.

THE UNDERSIGNED, HAVING CAREFULLY READ THIS RELEASE, UNDERSTAND ITS CONTENTS AND SIGNS IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.