2023 Vail Dance Festival
PARTICIPANT ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY
THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS
BY REGISTERING PARTICIPANT (AS DEFINED BELOW) THROUGH THE EVENT WEBSITE, PARTICIPANT (AND A MINOR PARTICIPANT’S PARENT OR LEGAL GUARDIAN) HAVE ELECTRONICALLY SIGNED THIS PARTICIPANT ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT (THIS “RELEASE”), AND ARE BOUND HEREBY.
In consideration of and as a condition to Vail Valley Foundation (“VVF”) allowing Participant to participate in any activities related to the 2023 Vail Dance Festival (the “Event,” together with all related activities, the “Activities”), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Participant (and a minor Participant’s parent or legal guardian) (individually and collectively, as applicable, being referred to herein as the “Undersigned”) hereby agree as follows.
1. “PARTICIPANT” MEANS AN INDIVIDUAL PARTICIPATING IN ANY ASPECT OF THE ACTIVITIES IN ANY MANNER (INCLUDING, WITHOUT LIMITATION, PARTICIPANTS OR PERFORMERS IN THE EVENT; PARTICIPANTS OR PERFORMERS IN EDUCATIONAL CLASSES AND PROGRAMS ASSOCIATED WITH THE EVENT; VOLUNTEERS; PARTICIPANTS PARTICIPATING IN THE PREPARATION, OPERATION OR TEARDOWN OF THE EVENT; SPECTATORS; OR OTHERWISE). WHERE A PARTICIPANT IS UNDER THE AGE OF 18, THE PARTICIPANT’S PARENT OR LEGAL GUARDIAN ALSO MAKES THE REPRESENTATIONS AND AGREEMENTS SET FORTH BELOW IN THIS RELEASE ON BEHALF OF SUCH PARENT OR LEGAL GUARDIAN, AND SUCH MINOR PARTICIPANT.
2. FOR VOLUNTEERS: Participant agrees to volunteer as an unpaid volunteer for VVF for the Event. The Undersigned further acknowledges and agrees that Participant (a) will not be paid, and will not have any claim to, any wages, compensation, benefits or any payments from anyone, including, without limitation, VVF, (b) will be assigned to the Activities as determined by VVF, (c) will follow all rules, directions and instructions of VVF and its designees while volunteering, including, without limitation, any health-related, masking or vaccination requirements, and (d) may be provided various apparel items which Participant must wear during Participant’s volunteer activities.
3. THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITIES AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH THE ACTIVITIES. The Undersigned understand that participation in the Activities involves risks of serious bodily injury, illness, death or property damage, including permanent disability, paralysis, and death, which may be caused by Participant’s own actions or inactions, those of others participating in the Activities (directly or indirectly), the places and conditions in which the Activities take place, and the negligence of any Released Party (as defined below). The Undersigned further agree and understand that risks associated with the Activities, include, but are not limited to: participating in the Activities with other people, participants and spectators (including, without limitation, at performance and practice areas, gates, seats, parking areas, and all other areas of the facilities); varying weather and surface conditions; slick or uneven surface conditions; variations in slope and terrain; rugged mountainous terrain; driving conditions and other drivers; equipment malfunction, including but not limited to loss of braking or handling, and stage equipment defects and malfunctions; collisions; dirt and paved surfaces; marked and unmarked obstacles; high altitude; strenuous Activities (including, without limitation, in connection with performances and practices, or setting up, moving and breaking down items and areas of the facilities); encountering wildlife and wild animals; sharing facilities and roadways with people and equipment directly involved and/or not directly involved in the Activities; following the direction of Activities representatives; and being exposed to or contracting COVID-19 (as defined by the World Health Organization) and any strains, variants, or mutations thereof, the coronavirus that causes COVID-19 and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof (collectively, “Communicable Disease”), during or in connection with Participant’s participation in the Activities. The Undersigned agree that if Participant believes conditions of the Activities are unsafe in any way, Participant will immediately discontinue participation in the Activities. A minor Participant’s parent or legal guardian acknowledges: (a) they have spoken to the minor Participant about the Activities; (b) the minor Participant understands the risks of participating in the Activities; and (c) the minor Participant has voluntarily decided to participate in the Activities.
4. IN CONSIDERATION OF ALLOWING THE PARTICIPANT TO PARTICIPATE IN THE ACTIVITIES, THE UNDERSIGNED FOREVER AND IRREVOCABLY AGREE TO HOLD HARMLESS, RELEASE AND DEFEND VVF; Town of Vail; Colorado; Vail Mountain School; any individuals, entities or governmental authorities involved in any capacity with the Activities (including, without limitation, other participants in the Activities, and sponsors, vendors and suppliers for the Activities); the respective parents, subsidiaries, affiliates, partners, members, managers, owners, agents, contractors, subcontractors, administrators, volunteers, insurers, personal and legal representatives, successors and assigns of each of the foregoing; and any director, officer, member, manager, partner, employee, official, representative or agent of any of the foregoing (collectively the “Released Parties,” and individually, a “Released Party”) FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS OR EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS) (COLLECTIVELY, “LOSSES”) ARISING OUT OF OR IN ANY WAY RELATED TO PARTICIPANT’S PARTICIPATION IN OR ATTENDANCE AT THE ACTIVITIES, including, but not limited to, (a) Losses (including, without limitation, Losses from BODILY INJURY, ILLNESS, PARALYSIS OR DEATH) caused or alleged to be CAUSED IN WHOLE OR IN PART BY THE ACTUAL OR ALLEGED NEGLIGENCE OR MISCONDUCT of any Released Party, (b) any claim, action, suit or demand brought by any third party against any Released Party by reason of or in connection with Participant’s participation in or attendance at the Activities, or (c) invasion of privacy, right of publicity, defamation, libel, slander, copyright infringement, trademark infringement, or any other claims or causes of action arising out of the use of Participant’s name, image, likeness, voice, and/or other personal attribute(s) or other personal information, including, without limitation, photos, videos, recordings and social media posts (collectively, Participant’s “Personal Attributes”). THE UNDERSIGNED FURTHER COVENANT NOT TO SUE ANY RELEASED PARTY or cause any Released Party to be sued regarding any matter released above, and acknowledges the Undersigned are releasing any right to make a claim or file a lawsuit against any Released Party. THE UNDERSIGNED FURTHER AGREE TO INDEMNIFY AND HOLD HARMLESS EACH RELEASED PARTY FROM AND AGAINST ANY LOSS REGARDING ANY MATTER WITHIN THE SCOPE OF THIS RELEASE. The Undersigned agree to pay all costs and attorney’s fees incurred by any Released Party in defending a claim or suit brought by, through, or on behalf of the Undersigned.
5. The Undersigned represent that Participant is in good health and there are no special problems associated with Participant’s condition. The Undersigned: (a) authorize a physician and/or other medical care provider to carry out any emergency medical care for Participant; (b) authorize any Released Party and/or their authorized personnel to call for medical care for the Participant or to transport the Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; (c) agree that upon Participant’s transport to any such medical facility or hospital that the Released Party shall not have any further responsibility for Participant; (d) agree to pay all costs associated with the medical care and related transportation provided for Participant; and (e) shall indemnify and hold harmless the Released Parties from any and all Losses associated with such medical care and/or related transportation.
6. WARNING; COVID-19 and Other Infectious and/or Communicable Diseases, Viruses, Bacteria or Illnesses; Health Policies: COVID-19 is an extremely contagious disease that can lead to severe illness and death. An inherent risk of exposure to COVID-19 and other Communicable Diseases exists in any public place regardless of precautions that may be taken. By participating in the Activities, the Undersigned voluntarily assumes all risks associated with and exposure to any Communicable Diseases. Participant agrees to comply with any health-related requirements (including, as directed, to wear a mask while at the Event or while participating in any other Activities, or any vaccine requirements) as required by any of the rules, regulations, signage or directions of VVF, the Activities or the facilities.
7. Participant understands and will comply with all rules and regulations of participation in the Activities, including, without limitation, any health-related requirements. Participant is responsible for reading, understanding and complying with all signage for the Activities. Participant will comply with all verbal directions of Activities personnel. Failure to comply with any such rules, regulations, signage and directions may result in denial of access to premises for the Activities, dismissal or disqualification from the Activities, and removal from the premises for the Activities.
8. The Undersigned irrevocably grants VVF and its designees and their respective affiliates, designees, successors and assigns, and each of them, an unrestricted, perpetual, universal, irrevocable, royalty-free and transferable license to record, capture and use Participant’s Personal Attributes, and to copy, modify, distribute, display and present same in any manner and in any medium (whether now or hereafter existing, including, without limitation, online, wireless, mobile, broadcast, telecast or photograph), in any form, media or format, for any purpose whatsoever. Participant acknowledges and agrees that any photographs, video, film, recordings or other memorializations of Participant’s participation in the Activities shall be owned by VVF and its designees.
9. The undersigned parent or legal guardian acknowledges that he/she is signing this Release on behalf of such parent or legal guardian and the minor Participant, that he/she is WAIVING CERTAIN RIGHTS ON BEHALF OF THE MINOR PARTICIPANT that the minor Participant otherwise may have and that THE MINOR PARTICIPANT SHALL BE BOUND BY ALL THE TERMS OF THIS RELEASE. THE MINOR PARTICIPANT’S PARENT OR LEGAL GUARDIAN VOLUNTARILY GRANTS PERMISSION FOR THE MINOR PARTICIPANT TO TAKE PART IN THE ACTIVITIES AND ACKNOWLEDGES THAT BUT FOR SUCH GRANT OF PERMISSION, THE MINOR PARTICIPANT WOULD NOT BE PERMITTED TO TAKE PART IN THE ACTIVITIES. The undersigned parent or legal guardian hereby consents to, joins in and approves this Release; will ensure that the undersigned’s child honors his/her obligations hereunder; and will indemnify and hold the Released Parties harmless from and against any Losses arising out of or in any way related to this Release or the rights granted herein, the undersigned’s child’s attendance at or participation in any of the Activities, any breach of the above representations, warranties and agreements or any attempt to rescind, limit or disaffirm the foregoing. By signing this Release without a parent or guardian’s signature, Participant represents they are at least 18 years of age, or, if signing as the parent or guardian of the Participant, signer represents they are the legal parent or guardian of the minor Participant.
10. If any provision of this Release is unenforceable, it shall be modified to the extent reasonably necessary to make the provision legal, valid and binding. No statements regarding the effect of this Release, not contained in this Release, shall modify the terms of the Release. In any proceeding or other attempt to enforce, construe or to determine the validity of this Release, the nonprevailing party will pay the reasonable expenses of the prevailing party, including, without limitation, reasonable attorneys’ fees and costs. This Release shall be binding upon the Undersigned, and their successors, assignees, parents and legal guardians, subrogors, heirs, next of kin, legal and personal representatives, and anyone who obtains any rights from or through the Undersigned. This Release shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of laws principles. Sole and exclusive jurisdiction and venue for any dispute concerning this Release shall be in Colorado state courts located in Eagle County, Colorado, or federal court located in the City and County of Denver, Colorado. The Undersigned shall not be entitled to join or consolidate claims against other individuals or entities, or bring claims as a representative member of a putative class or in a private attorney general capacity. ALL DISPUTES SHALL BE ADMINISTERED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, OR ANY SIMILAR PROCEEDING.