Acknowledgement and assumption of risk
I understand that any and all ACA Activities may be hazardous and may result in severe injury, loss, damage, infection, disease, or death. I understand that I am solely responsible for my own safety, and for taking every precaution to provide for my safety and well-being, while participating in ACA Activities. I understand that my skills will be challenged during ACA Activities. I understand that I am solely responsible for assuring that my physical conditioning, skills, training and equipment are adequate for me to participate safely in ACA Activities. I understand that the ACA has no obligation to sanitize locations or equipment or provide medical care, and has not undertaken the responsibility to do so. I understand that the ACA is not a guide service. I understand that many ACA Activities are led by volunteers whose abilities, skills, equipment and actions are not independently controlled or verified by ACA.
I understand that ACA Activities involve inherent, serious risks and dangers that are impossible to know or predict, including but not limited to: narrow or nonexistent trails; rough, exposed, unstable, steep or slippery terrain; high-altitude illness; lightning; cold weather; avalanches, icefall or rockfall; wild or venomous/poisonous animals, insects or plants; dangerous river or water crossings; fires or floods; exposure to infection, illness and diseases; other forces of nature; equipment malfunctions or failure; extreme remoteness from medical facilities or rescue; travel by motor vehicles or other conveyance; acts or omissions by ACA, its employees, agents, instructors, volunteers or members; and acts or omissions by other activity participants.
I understand and have considered and evaluated the nature, scope and extent of the risks involved, and I voluntarily and freely choose to assume such risks.
Release of liability
I fully and forever release and discharge ACA, its volunteers, employees, agents, partners, leaders, instructors, members, guides, officers, directors, representatives, owners or operators of ACA Activities, gear, facilities, equipment and vehicles, and all others involved in ACA Activities (the "Released Parties") from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in, use of, or attendance at any and all ACA Activities, including use of the ACA gear library and social media, and including transportation related to ACA Activities, even if it is due to the negligence or other fault of the Released Parties.
Covenant not to sue
I will not initiate any lawsuit, court action, or other legal proceeding against the Released Parties, nor join or assist in the prosecution of any claim for money damages which anyone may have, on account of injuries (including death), illness, infection, disease, losses, or damages sustained by me or others in connection with my participation in, use of, or attendance at any or all ACA Activities, and I waive any right I may have to do so. This means that I cannot sue to hold the Released Parties responsible for any injuries, losses, illness, infection, diseases or damages that I may experience related to ACA Activities, even if due to the negligence or other fault of the Released Parties.
I waive my insurers' right to make a claim against the Released Parties based on payments by insurers to me or on my behalf for any reason. This means that my insurers have no right of subrogation against the Released Parties. If any portion of this covenant not to sue is held to be invalid or unenforceable, I agree that the venue of any lawsuit shall be the City of Centennial, Arapahoe County, Colorado, and that, irrespective of any otherwise applicable choice-of-law statute, law or provision, Colorado statutory and substantive law shall apply to any such lawsuit.
Indemnification and hold harmless
I will hold harmless, indemnify, defend and reimburse the Released Parties from and for any sums, costs, or expenses (including attorney fees) incurred by any of the Released Parties or paid by them to any person (including me or my insurers) in connection with any accident, injury (including infection, illness, disease or death), loss, or damage sustained by me or others in connection with my attendance at, use of or participation in any ACA Activities, including use of ACA gear or social media, and including transportation related to ACA Activities. This means that I will defend and reimburse the Released Parties if anyone makes a claim against them based on injuries, illness, infection, disease, losses or damages I may suffer, or based on injuries, illness, infection, disease, losses or damages by others based on use of ACA gear that I have checked out of the ACA gear library, or any other type of participation in ACA Activities.
No insurance
I understand that ACA and others involved in ACA Activities do not provide me with any insurance, including life, medical, motor vehicle, or liability, for any illness, infection, disease, accident, injury, loss, or damage that may arise in connection with my participation in, use of, or attendance at any ACA Activities. If I want insurance of any kind, I must obtain my own insurance. I will pay my own medical emergency expenses and all subsequent medical expenses associated with any illness, accident, or injury in connection with any ACA Activities.
Publicity release
Photography, webcasting, and audio/video recording may take place at ACA events. I consent to be webcast, broadcast, filmed, videotaped, photographed and/or recorded as a member of the audience, a willing participant, and/or a ticket holder. I authorize ACA to use all past, present, and future images, likenesses, names, voices and all reproductions in any media forever, in any location, by ACA or its licensees, and I waive any rights of privacy or publicity related to such uses. I also release, indemnify, defend and hold harmless ACA, its affiliates and licensees from any liability for loss or damage to persons or property arising from such uses.
Additional terms and conditions
ACA has additional terms and conditions for the use of its services and benefits, including ACA's commitments to non-discrimination, prohibition of controlled substances, requirements to follow trail rules, requirements for using the ACA gear library, and requirements for participation in ACA events and posting on ACA social media. I agree to comply with all of ACA's terms and conditions for the use of its services and benefits, and I release ACA and the other Released Parties if I/we fail to do so.
Validity
I intend this Release to apply in connection with any ACA Activities at any time and anywhere in the world. I further understand and agree that payment of ACA membership fees and/or use of the ACA gear library constitutes additional, independent acceptance of all of the terms of this Release. If any portion of this Release is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be valid and enforceable. This Release supersedes any oral or written statements made by or to me at any time by anyone in connection with any ACA Activities. I understand that I cannot terminate, cancel, or revoke this Release for any reason.
Notice of Recreational Risk and Liability Limitation
In accordance with Colorado Senate Bill 24-058 and the Colorado Recreational Use Statute, you are notified that the property you are entering is privately owned by Chantelle Shoaee and operated by Camp ACA.
This land may present inherent risks, including but not limited to: uneven terrain, wildlife, rapidly changing weather, and historic or natural hazards.
By entering this property, you agree to remain on designated trails and recreational areas. You acknowledge these inherent risks and accept full responsibility for your safety. Neither the landowner nor Camp ACA will be held liable for injuries, accidents, or deaths resulting from these risks.
Leaving designated routes or areas without express permission may be considered trespassing under Colorado law.
I UNDERSTAND THAT THIS IS A LEGAL DOCUMENT. I UNDERSTAND THAT BY AGREEING TO THIS ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY I AM GIVING UP MY RIGHT TO SUE OR OTHERWISE MAKE ANY CLAIM AGAINST THE RELEASED PARTIES. I HAVE READ THIS ENTIRE DOCUMENT CAREFULLY. I FULLY UNDERSTAND ITS CONTENTS AND I VOLUNTARILY AGREE TO ITS TERMS.