Crestone Peace Festival Waiver
WAIVER AND RELEASE OF LIABILITY
In consideration of the many risks associated with participating in ‘PermaPeaceFest’ (the “Activity”), and as consideration for the right to participate in the Activity, I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claims or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Eric Maki and Yuwipi Tsunka (Hereafter referred to as “Owners”) and/or the parcel of land located at 19850 Camino del Oro East (Baca Grande Ranchettes Unit 7) in Crestone, Colorado, County of Saguache, (“the Property”) their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity.
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK AND OF MY OWN FREE WILL.
I AM AWARE OF THE RISKS ASSOCIATED WITH TRAVELING TO AND FROM AS WELL AS PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, AND OTHER FORMS OF TRAUMA, INJURY OR LOSS.
I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, CONDITIONS RELATED TO TRAVEL, OR THE CONDITION OF THE ACTIVITY LOCATION(S).
NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY.
I HAVE READ THE RULES AND SAFETY GUIDELINES AND AGREE TO ABIDE BY AND UPHOLD THEM.
I AGREE TO STAY WITHIN THE DESIGNATED AREA AND USE ONLY THE ACCESS ROAD ALONG THE NORTH PROPERTY BOUNDARY.
I AGREE TO KEEP MY VEHICLES’ SPEED BELOW 15MPH WHILE TRAVELING ON THE PRIVATE ROAD USED TO ACCESS THE PROPERTY.
I ACKNOWLEDGE THAT THE AREAS SURROUNDING THE BUILDINGS ON THE PROPERTY ARE UNDER VIDEO SURVEILLANCE AND ARE RECORDED 24 HOURS PER DAY AND I AGREE TO BE FILMED FOR SECURITY PURPOSES.
I agree to indemnify and hold harmless Eric Maki and Yuwipi Tsunka against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Owners or Property incur any of these types of expenses, I agree to reimburse Owners for all fees, damages, or costs incurred.
I acknowledge that Owners and their directors, officers, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of said Owners.
I acknowledge that this Activity may involve a variety of natural and human caused dangers or potentially unsafe conditions and may carry with it the potential for death, serious injury, and property loss. The risks may include, but are not limited to, those caused by terrain, facilities, temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, and event monitors, and/or producers of the event or the Owners or the nature of The Property itself.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE OWNERS AND PROPERTY AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST OWNERS OR PROPERTY FOR PERSONAL INJURY OR PROPERTY DAMAGE.
To the extent that statute or case law does not prohibit releases for negligence, this release is also for negligence on the part of Owners its agents, and employees.
In the event that I or my minor child should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.
In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
I accept the terms of this Waiver and Release Form by signing below.
Participant Name and Legal Address Signature Date