ACKNOWLEDGEMENT & ASSUMPTION OF RISKS, WAIVER & RELEASE OF LIABILITY (“AGREEMENT”)
PLEASE READ CAREFULLY
I acknowledge and I am aware that the inherent and other risks, hazards, and dangers, including those unknown and unanticipated (collectively, the “Risks”), associated with [Boulder Underground Running LLC]’s (“Boulder Underground”) coaching and other services (collectively, the “Services”) cannot be eliminated and can cause injury, damage, illness, death, and/or other loss to me or others. Therefore, I assume and accept full responsibility for the Risks, both known and unknown associated with the Services and for any and all injury, illness, damage, death, and/or other loss suffered by me and/or from my negligence and/or other misconduct and/or that of others, in each case, associated with the Services. I understand that Boulder Underground’s agreement to provide me with the Services is contingent upon my knowing and voluntary execution of this Agreement and that I am not permitted to receive Services without executing this Agreement. Boulder Underground is entitled to and shall rely upon this Agreement.
I hereby forever waive, release, relinquish, hold harmless, agree not to sue, and discharge Boulder Underground and its respective members, managers, directors, officers, employees, contractors, representatives, attorneys, agents, affiliates, successors, assigns, designees, and licensees (collectively, “Boulder Underground Related Parties”) from any and all claims, losses, damages, liabilities, suits, causes of action, and/or expenses (including attorneys’ fees and costs) of any and all kind whatsoever (collectively, “Claims”) for any injury, damage, loss, illness, disability, death and/or other loss arising out of or in any way connected with my receipt of the Services from Boulder Underground. In addition, I understand, acknowledge, and agree that should I suffer any injury, disability, damage, illness, death, and/or other loss arising out of or in any way connected with my receipt of the Services from Boulder Underground, I am solely and exclusively responsible and liable for any and all medical expenses incurred, and no coverage or insurance will be provided under any policy of insurance held by Boulder Underground or the Boulder Underground Related Parties.
I understand, acknowledge and agree that by signing this Agreement, I and anyone acting on my behalf or that of my estate surrender our respective rights to make a Claim against Boulder Underground or any Boulder Underground Related Party as a result of any injury, disability, damage, illness, death, and/or other loss suffered by me. This release includes Claims resulting from Boulder Underground’s (or the Boulder Underground Related Parties’) negligence but not its and their gross negligence or willful, wanton, or criminal misconduct. This release includes Claims for personal injury or wrongful death, including but not limited to Claims related to emergency or medical response, assessment or treatment, property damage, loss of consortium, breach of contract, or any other Claim.
This Agreement shall be interpreted and enforced to the fullest extent allowed by law, and if any portion of this Agreement is deemed unlawful, invalid or unenforceable, then it shall not affect the remaining provisions, and those remaining provisions shall continue in full force and effect. This Agreement is binding on and shall inure to the benefit of the Boulder Underground and me and their respective successors and assigns. All matters arising out of or relating to this Agreement will be governed by and construed in accordance with the laws of the State of Colorado without regard to conflicts of laws principles. The parties hereby submit to the exclusive jurisdiction of, and waive any venue objections against, state or federal courts sitting in Denver, Colorado in any litigation arising out of this Agreement or the Services.
I verify that I am at least 18 years of age.
BY TYPING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE BOULDER UNDERGROUND AND THE BOULDER UNDERGROUND RELATED PARTIES.