Waiver and Release of Liability Agreement
Community Services Programs or Events
City of Thornton

This agreement must be filled out for all program and events participants.

Risk acknowledgment:

Participant(s), or if Participant(s) is/are a minor, Participant(s)’ parent or guardian (collectively, the “Undersigned”), acknowledges that participation in City of Thornton (“Thornton”) Community Services’ programs and events, including but not limited to, indoor rock climbing; strength and conditioning, including free weights, strength and cardio equipment, and using the walking/running track; outdoor athletics; gymnasium athletics, including but not limited to basketball, volleyball, and pickleball; fitness classes; aquatics (indoor and outdoor pools); gymnastics; and other activities, programs, and events offered through Thornton Community Services (collectively, “Activities”) may be dangerous and entail inherent RISKS that could cause SERIOUS INJURY AND IN SOME CASES DEATH.

The Undersigned acknowledges and understands that participation in the Activities is inherently hazardous and involves both known and unanticipated risks that could result in damage or destruction of property and physical or emotional injury, including paralysis or death, to Participant(s) or other persons. With respect to all Activities, the risks include, but are not limited to: muscle strains, muscle pulls, muscle tears, broken bones, heat exhaustion, being struck by flying or falling objects, emotional trauma, injuries to knees, back, head, legs or arms, partial or total loss of eyesight or hearing, paralysis, seizures, heart attacks, damage to property, negligent conduct or intentional misconduct of other customers and participants, failure of equipment, and other unknown or unanticipated risks.

With respect to use of the indoor rock climbing wall, the risks also include all manner of injury resulting from falling off the wall and hitting the floor, rock faces, and other projections, whether permanently or temporarily in place; and, rope abrasion, entanglement, and other injuries resulting from activities on or near the climbing wall, including but not limited to, climbing, belaying, rappelling, lowering on rope, rescue systems, and any other rope techniques; and other unknown or unanticipated risks associated with rock climbing.

With respect to aquatics activities, the risks also include drowning, ear infections (swimmer’s ear), pneumonia, and other unknown or unanticipated risks associated with aquatics.

The Undersigned understands that such risks cannot be eliminated without compromising the essential qualities of participating in the Activities.

Undersigned represents that Participant(s) is/are in good health and physically capable of participating in a program or event involving physical activities which may be strenuous and hazardous, and Undersigned is not aware of any existing physical or mental condition that could result in injury or death, or that could be exacerbated or worsened, as the result of the Activities.

Waiver, release, and covenant not to sue:

Undersigned VOLUNTARILY ASSUMES FULL RESPONSIBILITY FOR ANY AND ALL RISKS OF BODILY INJURY TO, OR DEATH OF, PARTICIPANT(S) AND/OR PROPERTY DAMAGE as a result of Participant(s)’ participation in the Activities.

In consideration of permission to participate in the Activities, Undersigned hereby covenants and PROMISES NOT TO SUE Thornton and its directors, officers, employees, volunteers, or agents (collectively,

“Agents”

) for any injury, loss or damage, including death, sustained while participating in, or arising from, the Activities, and agrees Undersigned is fully responsible for any such injury, loss or damage.

Undersigned further agrees to fully RELEASE, INDEMNIFY, and HOLD HARMLESS Thornton and its Agents from and against any and all causes of action, demands, claims, losses, or damages, of any nature whatsoever (including death), including but not limited to, a claim for negligence, which Undersigned, his/her heirs, representatives, executors, administrators, or assigns may now have, or have in the future, against Thornton or its Agents as a result of participating in, or arising from, the Activities. This waiver, release, and covenant not to sue shall be construed broadly to provide a release and waiver to the maximum extent permissible under Colorado law.

This waiver, release, and covenant not to sue is not intended, and shall not be construed, as a waiver of the limitations on damages or any of the privileges, immunities, or defenses provided to, or enjoyed by, Thornton and its Agents under federal or state constitutional, statutory or common law, including but not limited to the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq.

Permission for emergency medical services:

In consideration of the possibility of an incident, the participant hereby consents to emergency transportation and treatment necessary in the event of an injury or illness. Participant hereby accepts responsibility for the payment of any emergency transportation and treatment expenses and any subsequent medical bills. Participant acknowledges that the City of Thornton has not purchased any health or accident insurance to cover such expenses and is not responsible for such expenses.

Permission for photography/video:

I understand that during the program or event, I, or my child/dependent, may be photographed. I agree to allow my photo, video, or film likeness or that of my child/dependent be used for any legitimate purpose by the City of Thornton.

WARNING

THIS IS A LEGAL DOCUMENT WITH LEGAL CONSEQUENCES. BY SIGNING THIS WAIVER AND RELEASE OF LIABILITY, THE UNDERSIGNED (AND PARTICIPANT(S), IF THE UNDERSIGNED SIGNS ON BEHALF OF A MINOR OR MINORS) IS GIVING UP RIGHTS HE OR SHE MAY OTHERWISE HAVE.

I HAVE READ THE FOREGOING WAIVER AND RELEASE OF LIABILITY AGREEMENT. I UNDERSTAND THAT IT IS THE INTENTION OF THE CITY OF THORNTON, IN WHICH I CONCUR, TO AVOID ANY AND ALL LIABILITY, CLAIMS, DEMANDS OR DAMAGES, WHETHER KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, TO PARTICIPANT(S), ME, THOSE CLAIMING THROUGH PARTICIPANT(S) OR ME, OR ANY AND ALL THIRD PARTIES, ARISING OUT OF PARTICIPANT(S)’ PARTICIPATION IN THE ACTIVITIES. I FULLY REALIZE THAT PARTICIPANT(S) MAY SUSTAIN UNKNOWN OR UNFORESEEN DAMAGES, INJURIES, LOSSES OR LIABILITY RESULTING DIRECTLY OR INDIRECTLY FROM HIS OR HER PARTICIPATION IN THE ACTIVITIES. BY EXECUTING THIS DOCUMENT, I FULLY INTEND TO RELEASE THE CITY OF THORNTON AND ITS DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS AND AGENTS FROM ANY AND ALL SUCH KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, DAMAGES, INJURIES, LOSSES, OR LIABILITIES.

All Participants age 18 or older must sign below. If a Participant is under the age of 18, a parent or guardian is required to sign on behalf of the minor Participant.
Example: 9500 Civic Center Dr, Thornton, CO 80229
If participant is over the age of 18:
Participant, if 18 years of age or older
If participant is under the age of 18:

Parent/Guardian has read this agreement and agrees to their child's or dependent's adherence to all of its elements:

Minor Participant #{{ index+1 }}