Liability Waiver
CTBR and PHOENIX LIABILITY WAIVER AND RELEASE FORM
Please review and sign our Liability Waiver and Release Form. This agreement may be updated from time to time.
THIS LIABILITY RELEASE, WAIVER AND INDEMNIFICATION AND EXPRESS ASSUMPTION OF RISK (“Waiver”) is executed as of the date set forth below.
FOR GOOD AND VALUABLE CONSIDERATION, including without limitation in consideration of and for being permitted to participate in any and all activities or social events (the “Programs”) arranged by or otherwise being involved in any way with PHOENIX MULTISPORT, INC. (doing business as “The Phoenix”) and Came to Believe Recovery Inc., (doing business as “CTBR”). and its affiliates, I, on behalf of myself and my executors, administrators, successors, assigns, insurers, attorneys, spouse, children, heirs, and any other person or entity that could or might act on my behalf (HEREINAFTER “I,” “ME” OR “MY”), agree as follows:
1. I hereby confirm that I have read this Waiver in its entirety. I consent to my participation in the Programs (whether as a volunteer, member, or other participant) and understand that such participation is voluntary. I FULLY UNDERSTAND THAT THIS WAIVER HAS IMPORTANT LEGAL CONSEQUENCES AND THAT THIS WAIVER IS LEGALLY BINDING AND ENFORCEABLE.
2. I understand that my participation in the Programs involves risk. The following is a partial list of the potential risks associated with the Programs. This list does not include all inherent risks but serves to provide examples and promote an understanding of the risks, any of which could result in damages, loss, injury, illness, mental stress, permanent disability, or even death (HEREINAFTER “INJURY, ILLNESS, LOSS OR DEATH”).
• Complications associated with exposure to weather (including extreme cold, wet or icy conditions, heat, sun, lightning), altitude and physical exertion.
• Perils and hazards arising from contact with others, including participants and members of the general public.
• Perils and hazards arising from lifting weights or participating in strength training disciplines.
• Perils and hazards arising from contact with both natural features such as rocks, trees, plants and animals, as well as man-made features such as curbs, potholes and weight training equipment.
• Risk of infectious disease exposure.
I understand that in addition to the risks inherent in all Programs, more specific risks accompany each type of activity. For example, rock climbing exposes participants to the danger of falling or being injured from falling rock. Indoor activities such as strength training and yoga carry the risk of injury from pulled muscles, being hit by weights and the actions of other participants. Cycling exposes participants to risks of falling, being injured by traffic or other riders or equipment failure. I recognize, understand and assume all the foregoing risks, as well as similar unforeseen risks, and have determined that it is reasonable to accept the risks and do voluntarily accept and assume those risks. I further recognize that it is my responsibility to only participate in the Programs to the extent that I have the required skills, qualifications, physical conditioning or health. I understand that CTBR and the Phoenix shall have no responsibility to pay for medical treatment and related costs if I am injured.
3. I HEREBY WAIVE, RELEASE, DISCHARGE, AND COVENANT NOT TO SUE CTBR and The Phoenix or its directors, officers, employees, volunteers, agents, contractors, successors, assigns, or representatives (the “Released Parties”) in connection with ANY INJURY, ILLNESS, LOSS OR DEATH to me or my property which occur during or in connection with the Programs. I AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE IN ANY WAY IN CONNECTION WITH MY PARTICIPATION IN THE PROGRAMS.
4. TO THE FULLEST EXTENT ALLOWED BY LAW, I KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY AGREE TO INDEMNIFY, PROTECT, DEFEND, AND HOLD HARMLESS CTBR and The Phoenix (including the Released Parties), from and against any and all lawsuits, actions, claims, damages, costs, fees, liabilities, loss or liability for injury to person or property (including attorneys’ fees and costs) arising out of or related to my participation in the Programs.
5. I agree to immediately advise CTBR and The Phoenix if I cause any damage or notice damage to any equipment.I agree to abide by all CTBR and The Phoenix rules and regulations and if CTBR or The Phoenix or any instructor, guide, coach, or other person working with CTBR or The Phoenix makes a specific request of or instruction to me, I agree to immediately comply.
6. I acknowledge and agree that CTBR and The Phoenix and the Released Parties may photograph, videotape, or otherwise document my participation in the Programs, and I consent and agree to the same, with the exception of any time during which I am participating in Programs in connection with an in-patient treatment program. I hereby give CTBR and the Phoenix permission to use my likeness for any purpose whatsoever. I acknowledge and agree that CTBR and The Phoenix has no control over third party photographs or video.
7. If and while I am receiving services from a substance abuse treatment facility where The Phoenix is providing programs under contract with such treatment facility, I understand CTBR and The Phoenix reserves the right to share information regarding me, to the healthcare team at the facility as CTBR and The Phoenix in its sole discretion deems necessary and I hereby consent to the Phoenix doing so.
8. During the course of attending the Programs it is possible that participants may discover information related to the background of another participant. In some cases, discovery can cause concern especially in the cases of previous violent offenses and sexual offender designation. I understand that CTBR and the Phoenix does not exclude participants on the basis of previous life experiences and makes no guarantee as to the actions of participants and disclaims all responsibility and liability therefore. Should you have concerns about a participant, or concerns about your safety, please immediately bring those concerns to CTBR and Phoenix staff.
9. By agreeing to this Waiver, you are consenting to its legally binding terms and conditions. You understand that no oral or written representations can or have altered the contents of this Waiver. You acknowledge that you are providing the legal equivalent of your manual/handwritten signature on this Agreement. You agree that this Waiver shall be governed by the laws of the State of Colorado.
