Waiver and Release Agreement

Please read carefully before signing
This is a release of liability and waiver of certain legal rights

In consideration for my being permitted to participate in the activities of TRAHERN INVESTMENTS LLC and OGILBY CORPORATION, all DBA,

I acknowledge that there are inherent risks, hazards, and dangers due to the natural environment for anyone. These risks such as, but not limited to, low light, hidden obstacles, and WET AND SLIPPERY AND / OR ICY WALKING SURFACES AND OUR STEEP DRIVEWAY THAT MAY CAUSE A PATRON TO SLIP OR FALL OR AN AUTOMOBILE TO SLIDE; cannot be eliminated due in part, but not limited to, the steep hillside, severe mountain weather, and farm-like setting of the Avalanche Ranch environment. I UNDERSTAND THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE WITHOUT LIMITATION:

  1. The proximity to farm animals, dogs and cats of the owners and the guests at the ranch, and wild animals including bears which may wander on the property. The propensity of these animals to behave in ways that may result in injury, harm, or death to persons around them;
  2. The potential of the participant to act in a negligent manner that may contribute to injury to the participant or others.
  3. Slipping and falling on ice or snow; sledding, ice skating, snow boarding, skiing; fishing or boating in our pond or on the Crystal River; visiting the animal pens; or using the Hot Springs Pools, or yoga studio.
  4. Playing or acting carelessly while engaging in the activities of Avalanche Ranch.
  5. Hiking on our steep and rugged trail.
  6. Use of the pools may be dangerous to certain people. People with chronic health problems such as heart, respiratory or a circulatory condition, pregnant women, and diabetics should consult their health care providers before using the facilities of Avalanche Ranch and should never use any of the pools alone. Bathing in hot water can lower blood sugar and cause dehydration, especially due to the high elevation. If many hours have passed since the last meal, or consumption of water, a person from a lower altitude may experience dizziness or loss of consciousness.
  7. THE NATURAL MINERAL WATER THROUGHOUT THE FACILITY IS NON-POTABLE. WE STRONGLY DISCOURAGE INGESTION OR DRINKING OF THE MINERAL WATER.
  8. 8. No residual disinfectant, such as chlorine or bromine, is applied to our pools or waters as a means of prevention against contamination. THE PATRON AGREES TO USE THE POOLS AT THEIR OWN RISK.
  9. There are NO LIFEGUARDS on duty throughout the Avalanche Ranch facilities including our pools, ponds, and at the river. Unaccompanied or solitary use of these facilities is strongly discouraged for all Patrons; especially those Patrons having health conditions consistent with those listed in item six above.
  10. THE CONSUMPTION OF ALCOHOLIC BEVERAGES, EITHER BEFORE OR DURING USE OF THE FACILITIES OF AVALANCHE RANCH MAY INCREASE THE EFFECT OF POTENTIAL HEALTH HAZARDS, IMPAIR JUDGEMENT, AND / OR CAUSE LOSS OF CONSCIOUSNESS, AND IS STRONGLY DISCOURAGED.
  11. GLASS CONTAINERS ARE PROHIBITED INSIDE THE HOT POOL AREA.
  12. Avalanche Ranch assumes no responsibility for damage or theft of personal property, or for the offensive, tortuous, or criminal acts of third parties.
  13. AVALANCHE RANCH WILL NOT PERMIT THE USE OF IT’S FACILITIES WITHOUT THE EXECUTION OF THIS AGREEMENT.

I understand the risks, hazards, and dangers described above and have had the opportunity to discuss them. I understand that these activities may require good physical conditioning. I believe I have that good physical conditioning necessary for me to engage in these activities safely. I understand that I have responsibilities. My participation in these activities is purely voluntary. No one is forcing me to participate and I elect to participate in spite of the risks. I AM VOLUNTARILY USING THE SERVICES OF AVALANCHE RANCH WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, PARALYSIS, OR DEATH.

Lastly, I, for myself, my heirs, successors, executors, and subrogees, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS AVALANCHE RANCH, their directors, officers, agents, employees, and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees) which are related to, arise out of, or are in any way connected with my participation in this activity including, but not limited to NEGLIGENCE of any kind or nature, whether foreseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my property as a result of my engaging in these activities or the use of these services, animals, or equipment, whether such damage, loss, injury, paralysis, or death results from negligence of Avalanche Ranch or from some other cause. I, for myself, my heirs, by successors, executors, and subrogees, further agree not to sue Avalanche Ranch as a result of any injury, paralysis, or death suffered in connection with my use and participation in the activities of Avalanche Ranch.

I am in good physical health and have the ability to safely engage in the activities of Avalanche Ranch..

I HAVE CAREFULLY READ, CLEARLY UNDERSTAND, AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE AGREEMENT.

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 I have read this waiver and agree to the terms and conditions

 Check if under eighteen years of age, parent, guardian, or custodian must sign the following indemnification.

INDEMNIFICATION

In consideration for the above minor being permitted by Avalanche Ranch to participate in the activities of Avalanche Ranch which include, without limitation, the use of its services, I agree to the following waiver, release, and indemnification:

The undersigned parent, guardian, or custodian of the above minor, for himself / herself and on behalf of said minor, hereby joins in the foregoing Waiver and Release and hereby stipulates and agrees to save and hold harmless, indemnify, and forever defend Avalanche Ranch, their directors, officers, agents, employees, and volunteers from and against any claims, actions, demands, expenses, liabilities (including reasonable attorneys’ fees), and NEGLIGENCE made or brought by said minor or by anyone on behalf of said minor, as a result of said minor’s participation in the activities of Avalanche Ranch and his or her use of the property, and the facilities of Avalanche Ranch. I for myself and on behalf of said minor, further agree not to sue Avalanche Ranch as a result of any injury, paralysis or death that said minor suffers in connection with his / her participation in the activities of Avalanche Ranch.

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 As the parent or legal guardian I agree to the terms & conditions