Welcome to the Always Choose Adventures community! ACA’s mission is to help people of all ages, backgrounds, skill levels, and physical abilities access the outdoors, get off the couch and disconnect from technology, while connecting with others. Adventures involve engaging in exciting activity, especially the exploration of unknown territory. An adventure is an undertaking usually involving danger and known or unknown risks. For these reasons, and to protect our volunteers, members and owners from liability, we need you to agree to the following Acknowledgement of Risk and Release of Liability as a condition for participating in and using our activities and benefits. By using this site, becoming an ACA member, using ACA’s gear library, and otherwise participating in ACA Activities (as defined below), you agree to the following:
Acknowledgement of Risk and Release of Liability
I wish to become a member of ACA and/or participate in activities, events, trips, social media and other benefits (including use of the gear library) (collectively “ACA Activities”) partially or wholly sponsored, organized, directed, conducted, owned or paid for by Always Choose Adventures, including its employees, agents, volunteers, instructors and members (collectively "ACA"). In exchange for the ability to join and/or participate in ACA Activities, by my/our signature on (and/or clicking on the ACA webpage to agree to) this Acknowledgement of Risk and Release of Liability ("Release") I/we hereby irrevocably and unconditionally agree for myself/ourselves (including our minor children as applicable) and my/our heirs, estate, insurers, successors and assigns as follows:
1. Acknowledgement and Assumption Of Risk.
I understand that any and all ACA Activities may be hazardous and may result in severe injury, loss, damage, 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 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; 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.
2. Release of Liability
I fully and forever release and discharge ACA, Gilpin County Parks & Recreation, 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.
3. 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), 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, 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 Black Hawk, Gilpin 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.
4. 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 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, losses or damages I may suffer, or based on injuries, losses or damages by others based on use of ACA gear that I have checked out of the ACA gear library. These terms also include Gilpin County Parks & Recreation in which is responsible for assisting / facilitating the gear rentals.
5. 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, 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.
6. 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.
7. Additional Terms & 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.
I intend this Release to apply in connection with any ACA Activities at any time and anywhere in the world. I agree that my clicking on the acceptance button on the ACA web page constitutes my acceptance of this Release with the same force and effect as if I were to sign a printed copy of this Release. If I am applying for membership in, participation in or use of ACA Activities by multiple family members, I agree that my clicking on the acceptance button on the ACA web page constitutes the agreement of each adult family member to all of the terms and conditions of this Release, including release of minor claims. 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. I further understand and agree that my signature of a printed copy of this Release is not required to give effect to my acceptance of the terms of this Release, but I will immediately provide my signature on a printed copy of this Release upon request. 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.
I UNDERSTAND THAT THIS IS A LEGAL DOCUMENT AND THAT BY CLICKING THE ACCEPTANCE BUTTON ON THE ACA WEBPAGE I AM AGREEING TO ITS TERMS WITH THE SAME FORCE AND EFFECT AS IF I WERE SIGNING IT. 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.
FOR ANY MINOR (A PERSON UNDER 18 YEARS OLD), THE MINOR'S PARENT OR GUARDIAN MUST ALSO READ AND CLICK THE ACCEPTANCE BUTTON ON THE ACA WEBPAGE TO AGREE TO THE FOLLOWING:
Parent/Guardian Release of Minor's Claims
I am applying for family membership with the ACA and am the parent or legal guardian of a minor (the "Participant"). On behalf of the Participant, myself, the Participant's parents or guardians, heirs, estate, insurers, assigns and anyone else who may make any claim for or on behalf of the Participant, I hereby irrevocably and unconditionally:
Agree to all of the terms of the above Acknowledgement of Risk and Release of Liability ("Release"). I understand and agree that all provisions of the Release, including but not limited to the Covenant Not to Sue and the Validity clauses, are incorporated herein by reference and apply to this Parent/Guardian Agreement as well.
2. Agree to cause the Participant to comply with the terms of the above Release, and to review with the minor the risks and understandings set forth in the "Acknowledgement and Assumption of Risk" paragraph above prior to the minor's participation in any ACA Activities.
3. Agree not to take any actions that would assist or cause the Participant to invalidate, renounce, negate, revoke, or disclaim any part of the Release.
4. Agree to hold harmless, indemnify, defend, and reimburse the Released Parties described in the Release from and for any sums, costs, or expenses (including attorney fees) incurred by any of the Released Parties or paid by any of them to any person (including the Participant or insurers) in connection with any accident, injury (including death), loss, or damage arising out of the Participant's attendance at or participation in or use of any ACA Activities (as defined in the Release), including use of the ACA gear library and transportation related to the ACA Activities.
5. Authorize and permit ACA, its employees, agents, volunteers, instructors and members to administer first aid to the Participant, emergency transportation, and any other medical treatment performed by physicians, paramedics, and other medical personnel, in the event of any illness, accident or injury to the Participant during or in ACA Activities.
I HAVE READ THIS PARENT/GUARDIAN RELEASE OF MINOR'S CLAIMS AND THE PRECEDING ACKNOWLEDGEMENT OF RISK AND RELEASE OF LIABILITY CAREFULLY. I FULLY UNDERSTAND THEIR CONTENTS AND I VOLUNTARILY AGREE TO THEIR TERMS.