| Service: | Spencer's Cabin - 1 night $25 change |
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| Date/time: | Wed, Apr 24 at 1:00 PM (MDT) change |
PLEASE CAREFULLY READ THE FOLLOWING:
BY MAKING A RESERVATION FOR SPENCER’S CABIN AND CLICKING ON THE “PROCEED TO PAYMENT” BUTTON BELOW YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THE FOLLOWING WARNING AND ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY, WAIVER OF CERTAIN LEGAL RIGHTS AND INDEMNITY AGREEMENT.
As the individual making the reservation (hereinafter “Group Leader”) and on behalf of all other individuals, guests, invitees, participants and members (hereinafter collectively “Group member(s)”) you agree that you have reviewed this document with each Group Member and agree for yourself and all Group Members to be bound by this WARNING AND ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY, WAIVER OF CERTAIN LEGAL RIGHTS AND INDEMNITY AGREEMENT.
WARNING
INHERENT RISKS
AND
ACKNOWLEDGEMENT AND ASSUMPTION OF RISK
In consideration for me and my Group Members being permitted by Eagle County, Colorado, a body corporate and politic to use Spencer’s Cabin and related property located at Mile 43 of the Upper Colorado River in Eagle County, Colorado (collectively “Spencer’s Cabin”), I, the Group Leader, and my Group Members acknowledge there are inherent risks associated with backcountry and wilderness travel and use of Spencer’s Cabin and hereby expressly assume all risks associated with such activities and the use of Spencer’s Cabin.
I/We understand that these risks, hazards and dangers include without limitation:
(1) Risks arising from any activities in areas that are not patrolled or policed, where conditions vary and are not maintained or controlled and are unpredictable and changeable, where obstacles are not marked and hazards may not be visible, where weather is changeable and unpredictable;
(2) Risks involved in decision making and route finding in a wilderness environment and risks of getting lost and of not reaching Spencer’s Cabin;
(3) Risks arising from travel on the Colorado River and overnight stays in a wilderness environment with access by water only;
(4) Access to Spencer’s Cabin is by the Colorado River alone and there is not currently legal public access to a public road or through adjacent property;
(5) Risks arising from the use of a remote, simple cabin with no communication systems or services in a wilderness environment;
(6) Limited or remote medical care and the potential for me or a Group Member to act in a negligent manner that may cause or contribute to injury to me as the Group Leader or to Group Members.
I/WE acknowledge that an active rail road line runs through a portion of the property and that I/We agree that we are not to approach, walk on the rail road tracks or otherwise attempt to cross the rail road tracks as the rail road is in active use. Crossing or walking on the track is strictly prohibited and is at your own risk. Entering rail road property is considered a trespass.
I have read the information provided to me by Eagle County concerning the use of Spencer’s Cabin and hereby represent and warrant that I have provided the information to my Group Members.
I/We also acknowledge that Eagle County Open Space staff is available to more fully explain to me/us the risks, hazards and dangers of use of Spencer’s Cabin.
I/We understand that use of Spencer’s Cabin in a wilderness environment with access by the Colorado River alone may require good physical conditioning and a degree of skill and knowledge different from other activities. I/We understand that I/We have responsibilities as a backcountry user(s).
I/We have been provided and are familiar with Spencer’s Cabin Rules and Information and agree to comply with the same. The Rules and Information can be found above or at http://www.eaglecounty.us/OpenSpace/Spencers_Cabin/
I, as the Group Leader, accept responsibility for the conduct of my Group Members.
I/WE AM/ARE VOLUNTARILY USING SPENCER’S CABIN WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS OR DEATH.
RISK OF LOSS, RELEASE AND WAIVER OF LIABILITY
AND
INDEMNIFICATION
I/We for ourselves, our heirs, successors, executors and subrogors, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS, EAGLE COUNTY, its elected officials, directors, officers, agents, employees, volunteers and insurers from and against any and all claims, actions, causes of action, liabilities, suits, expenses and demands (including reasonable attorneys’ fees and expenses) due to injuries, losses or damages of any kind or any nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me/us or my/our property as a result of my/our use of Spencer’s Cabin, or from any damage or injury caused by the Group Leader or a Group Member or if any injury, loss or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, mistake, negligence or other fault of the Group Leader, a Group Member, any officer, employee, representative, volunteer or agent of the Group Leader or any Group Member or anyone whose acts the Group Leader or any Group Member may be liable; and the Group Leader shall reimburse the County for all costs and expenses incurred by it in connection with investigating or defending such loss, claim, damage, liability or action.
As a Group Leader, I agree to save and hold harmless, indemnify, and forever defend Eagle County, its elected officials, directors, officers, agents, employees, volunteers and insurers from and against any claims, actions, demands, expenses, liabilities, suits, expenses and demands, (including court costs, reasonable attorneys’ fees and expenses)made or brought by any Group Member or brought by anyone on behalf of said Group Member, including minors, who has not received or otherwise agreed to this Warning and Acknowledgement of Risk, Release of Liability, Waiver of Certain Legal Rights and Indemnity Agreement, as a result of said Group Member’s travel to and use of Spencer’s Cabin.
I/We for myself/ourselves, my/our heirs, my/our successors, executors and subrogors, further agree not to sue Eagle County, Colorado as a result of any damage, injury, paralysis or death suffered in connection with my/our use of Spencer’s Cabin or the traveling to, from, or staying at Spencer’s Cabin. This release is intended to be a comprehensive release of liability but is not intended to assert defenses which are prohibited by law.
I agree to be responsible for any damage to Spencer’s Cabin caused in whole or in part by me or any Group Member, including minors.
Nothing herein shall be deemed a waiver of any rights available to Eagle County, Colorado under the Colorado Governmental Immunity Act or other applicable law.
If any portion of this warning and acknowledgement of risk, release of liability, waiver of certain legal rights and indemnity agreement is found to be invalid or unenforceable, the remaining portions shall remain in full force and effect.
I/WE UNDERSTAND AND AGREE THAT I/WE ARE VOLUNTARILY USING SPENCER’S CABIN. I/WE HAVE CAREFULLY READ, UNDERSTAND AND VOLUNTARILY AGREE TO THE TERMS OF THIS AGREEMENT. By Clicking the “PROCEED TO PAYMENT” box below you agree that you are eighteen years of age or older and that you are authorized to accept the following terms and conditions for yourself and all Group Members including any minors.
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