INTRODUCTION
Please read this entire Acknowledgment & Assumption of Risks and Release & Indemnity Agreement (hereafter, "Document") carefully before signing. The student (hereafter, "participant") must sign this Document. If participant is under 18 years of age (hereafter sometimes "minor" or "child"), one of the participant's parents or legal guardians, or both (hereafter collectively "parent/s"), if available, must also sign. In consideration of the services of Southwest Open School, a 501(c)(3) non-profit charter school association (referred to in this Document as "SWOS"), in allowing participant to participate, I (participant and parent/s of a minor participant) acknowledge and agree as follows:
ACTIVITIES, RISKS AND ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
Participating (whether simply attending, observing or actively participating) in SWOS year-round educational, experiential, instructional, recreation and/or adventure activities associated with academic programs, curricular or co-curricular activities or otherwise, includes risks. These activities can take place on or off SWOS premises in Colorado or in other locations in the United States and/or in foreign countries. Activities, which may be led or conducted by SWOS staff, volunteers, contractors or others, may include, but are not limited to: classroom activities; competitive or non-competitive athletic sports and/or games, practices and events; P.E. and other athletic activities, including use of weights and weight room activities; hiking; backpacking; camping (winter and summer); cross-country, alpine or back-country skiing, snowshoeing, snowboarding and other outdoor winter activities; rock climbing or bouldering (indoors or outdoors on artificial surfaces or natural rock), canyoneering and use of low or high ropes courses, challenge courses or zip lines (all of which may include use of ropes, harnesses and/or other technical gear); rafting, kayaking, canoeing, or other boating, including riding in chartered motor boats; swimming in pools, rivers, lakes, and/or oceans; road and mountain bicycling; urban and/or trail running; horseback riding; archery; welding; glass blowing; day or multi-day field trips or other trips; service learning projects; SWOS club or intramural activities; use of homestays and other accommodations; use of any equipment, facilities or premises; travel in airplanes, vans, buses or other vehicles to and from SWOS or during trips, events or otherwise (collectively referred to in this Document as "activities"). Activities may take place as mandatory or optional segments during the SWOS academic year or summer curriculum, and may be scheduled or unscheduled, supervised or unsupervised, and include activities undertaken during participant's free and/or independent time. Participant and parent/s ofa minor acknowledge that participant's choice to socialize or participate in activities with SWOS staff members outside school hours and/or unrelated to a SWOS organized field trip, outing or program is not a SWOS related activity, and participant does so entirely at their own risk. I, (and my parent/s, if I am a minor) acknowledge that the inherent and other risks, hazards and dangers (collectively referred to in this Document as "risks") of these activities can cause injury, damage, death or other loss to participant or others. Parent/s of minor participants agree to discuss the nature of these activities and risks with their child and give their child permission to participate in all SWOS activities. The following describes some, but not all of those risks:
Risks present in an outdoor environment. These risks include travel in high altitude (up to or possibly above 13,000 ft.), mountainous, desert
and/or wilderness terrain, both on and off trail and on land or water. Participants' travel may be subject to storms, including rain, lightning, strong winds, snow or ice; tides, currents, waves, reefs or whitewater; extremely hot (geothermal) or cold water or weather and rapid and unpredictable weather changes; flash floods; mud or rock slides; fast moving rivers, oceans or other water bodies; difficult stream and/or snowbridge crossings; falling or slippery rocks; falling or fallen timber; avalanche dangers; stinging, venomous and/or disease carrying animals, insects or microorganisms; poisonous plants; wild or domestic animals and other natural or man-made hazards. Hazards (both on land and above or below water level) may not be marked or visible and weather is always unpredictable.
Equine risks. Riding or dealing in any way with horses (including donkeys, mules or ponies) includes risks. Horses are unpredictable in all circumstances and, without warning, can kick, bite, stomp, stumble, rear, bolt, fall down, and react to the environment, sudden movements, noise, light, vehicles, people, other animals or objects. Horseback riding can involve equipment that may fail, saddles that may slip and other riders who may not control their animals. WARNING: Under Colorado law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes.
Decision making and conduct risks. These risks include the risk that the participant or a fellow participant, SWOS staff member, contractor, or other person may misjudge the participant's (or others) capabilities, health or physical condition, or misjudge some aspect of travel, instruction, medical treatment, weather, terrain, water conditions or water level or route location. These risks also include the participant's judgment in managing his or her own health issues, including any responsibility for self-medication.
Personal health and participation risks. The participant's mental, physical or emotional condition (including use or abuse of alcohol or any prescription or non-prescription drugs), disclosed or undisclosed, known or unknown, combined with participation in these activities includes risks. Although SWOS personnel may review participant's health and medical information, SWOS cannot anticipate or eliminate risks or complications posed by participant's mental, physical (including fitness level) or emotional condition.
Risks associated with any active, athletic and/or competitive activity. Participating in, training or conditioning for, and/or practicing and competing in any activities can involve frequent and repetitive use of the arms and legs, lifting or carrying weight, balancing, coordination and endurance. Risks include that a participant may overestimate his or her abilities or fitness; be inattentive; lose control and trip or fall and/or collide with others, the ground, rocks or trees or encounter other water/terrain/road/trail/other hazards; not understand the functioning of (or misuse) the equipment; fail to negotiate steep, uneven or difficult terrain; not control his or her speed or experience equipment malfunction.
Service learning project risks. Risks include those associated with activities such as building, digging, lifting, construction, maintenance and repair (including trail work). Projects may involve the use of tools and equipment (i.e. hand tools, power tools, hammers, ladders) and substances (paints, cleaning agents) that can cause injury resulting from use, misuse or malfunction.
Geographic location risks. Activities may take place in remote locations, several hours or up to a day from medical facilities, causing potential delays or difficulties in communication, transportation, evacuation and medical care. Medical facilities may sometimes be primitive, inadequate or inaccessible. Additional delays can result if circumstances require transport from a foreign country back to the U.S. for medical care. Although SWOS staff or contractors may have access to wireless communication devices, use of these devices (whether inside or outside the U.S.) in outdoor or wilderness terrain and/or in any other terrain or location is unreliable and inconsistent.
Risks associated with premises. Participants may cook, or engage in other chores on SWOS premises. In addition, boulders, ruts, slippery walkways, uneven ground or other conditions may exist in and around the SWOS grounds.
Equipment risks. The risk that equipment used in an activity may be misused, or may break, fail or malfunction. This includes participant's personal equipment, SWOS equipment or any other equipment (whether purchased, borrowed, or rented). Participants choosing to bring and use their personal equipment (including any safety gear) assume full responsibility, along with parent/s of minors, for choosing appropriate equipment and for the fit and condition of their equipment. Helmets or other safety gear (required or used for some activities) may prevent or lessen injuries in some instances; however, use of safety gear is not a guarantee of safety, and injury can occur even with the use of this gear.
Boating and swimming risks. These risks include potential water obstacles or hazards such as rapids, boulders, trees/bushes and branches, ropes, fences, other boats; waterfalls, holes, reversals; slipping on wet rocks or boat ramps or jumping off rocks into the water; falling overboard; impact with rocks/equipment/the river bottom/other people; being swept into a river current; or experiencing a boat capsize or collision.
Climbing risks. Whether climbing, or using zip lines or ropes or challenge courses, risks include the possibility of slipping and falling partway or to the ground; burns; pinches; jolts; belayer inattention or error; losing grip on the rock or a climbing hold; impacting the rock face, a climbing tower, cable, objects or people; being hit by rock or debris fall from above; loose or damaged climbing holds; and equipment failure or misuse.
Cooking, camping and travel risks. While camping or otherwise, participants may cook over a gas or propane stove and are subject to the risk of gas explosion, scalding or other burns. Contaminated water is a risk in natural or primitive settings and water may be disinfected, filtered or boiled before use. Food or water is also provided by vendors, contractors, host families or public restaurants with risks of contamination or allergic reaction. Camp sites may be subject to falling trees and/or branches, floods, wildlife disturbances, and other hazards.
Free or unsupervised time. Participants may have free or unsupervised time during sleeping hours, before, during and after the start of an activity, and at various other times. Unsupervised time may include free time and/or brief periods of time outdoors, stationary and alone (solo). During both supervised and unsupervised activities, all participants share in the responsibility for their own well-being.
U.S. and International travel risks. Travel inside or outside the U.S. can involve unique risks such as political unrest, terrorism, contact with unusual diseases, exposure to contaminated food or water, dangerous road or travel conditions, thievery, abduction and other risks. Participants may be subject to laws and legal systems in foreign countries that do not provide the same protections as the U.S. legal system. NOTE: Although SWOS considers current gee-political climates in choosing international program locations, SWOS personnel are not experts in assessing the likelihood of terrorist activity, political unrest, the need for vaccinations or other issues. The participant and his or her parent/s are responsible for conducting their own independent investigation through the U.S. State Department, U.S. Centers for Disease Control, World Health Organization or other sources, should they have any concerns about program locations.
Risks regarding conduct. The potential that the participant, other participants or third parties, may act carelessly or recklessly.
These and other risks may result in participants: falling partway or falling to the ground or into the water; being struck by, colliding with or impacting objects, people, vehicles, animals, the rock face or the bottom of a water body; experiencing vehicle or boat collision, capsize or rollover; getting caught or entangled in objects above or below water; reacting to high altitudes, weather conditions or increased exertion; becoming lost or disoriented; suffering gastro-intestinal complications or allergic reactions or experiencing other problems. These and other circumstances may cause heat or cold related illnesses or conditions (including hypothermia, hyperthermia, cold water immersion, frostbite or heat exhaustion/stroke); dehydration; hyponatremia; drowning; high altitude sickness (e.g. high altitude pulmonary or cerebral edema); heart or lung complications; broken bones; paralysis or other permanent disability; mental or emotional trauma; concussions; sun burn or other burns; illnesses (including contracting animal/insect borne or contagious diseases); infections; cuts; wounds; or other injury, damage, death or loss.
I (participant and parent/s of a minor participant) agree:
- to accurately review all information received, complete and abide by all required forms, and obey SWOS rules and other policies;
- SWOS representatives are available should I have further questions about these activities or the associated risks;
- to disclose any mental, physical or emotional condition/s or limitation/s which might affect participant's ability to participate, and represent that participant is fully capable of participating without causing harm to him or herself or others;
- participant and parent/s of a minor are responsible for any lost, stolen or damaged equipment;
- SWOS contracts with individuals or organizations that are independent contractors (not employees or agents of SWOS) to provide or conduct some of the services and activities participants will engage in. SWOS does not supervise or control these contractors and is not legally liable or responsible for their conduct. In addition, organized and/or competitive activities, including competitions, meets, events and races are often organized by third parties and/or take place on premises or at facilities not owned by, or associated or affiliated with, SWOS. SWOS does not oversee, supervise, or take responsibility for any aspect or condition of these independent services, activities, facilities or premises. Participant and parent/s of a minor acknowledge that they may independently inspect and assess any of these services, activities, facilities or premises, if they choose to do so;
- the information provided above is not complete, other unknown or unanticipated activities, risks and outcomes may exist, and SWOS cannot assure participant's safety or eliminate any of these risks;
Participant is voluntarily participating with knowledge of the risks. Therefore, participant (and parent/s of a minor) assume and accept full responsibility for participant, for the inherent and other risks (known and unknown, described above or otherwise) of these activities and for any injury, damage, death or other loss suffered by participant (and parent/s of a minor), resulting from those risks, including the risk of participant's own negligence or other misconduct.
RELEASE AND INDEMNITY AGREEMENT
Please read carefully. This Release and Indemnity Agreement contains a surrender of certain legal rights. I (adult participant, or parent/s for themselves and for and on behalf of their participating minor child) agree as follows:
1) to release and agree not to sue SWOS, the Montezuma Cortez RE-1 School District, and each of their respective officers, directors, teachers or other employees, agents, representatives and volunteers, including but not limited to leaders, guides and mentors, and all related or affiliated individuals or entities (hereafter individually and collectively "Released Parties"), with respect to any and all claims, liabilities, suits or expenses (including attorneys' fees and costs) (hereafter "claim" or "claim/s"), for any injury, damage, death or other loss in any way connected with my/my child's enrollment or participation in these activities, including use of any equipment, facilities or premises. I understand I agree here to waive all claim/s I or my child may have against the Released Parties, bind my/my child's estate and any family member/heir/other party bringing claim/s, and agree that neither I, my child nor anyone acting on my or my child's behalf, will make a claim against the Released Parties as a result of any injury, damage, death or other loss suffered by me or my child;
2) to defend and indemnify the Released Parties ("indemnify" meaning protect by reimbursement or payment), with respect to any and all claim/s brought by or on behalf of me, my participating child or spouse, my/my child's other family member/s, heir/s or estate, a co-participant or any other person for any injury, damage, death or other loss in any way connected with my/my child's enrollment or participation in these activities, including use of any equipment, facilities or premises.
This Release and Indemnity Agreement includes claim/s of or resulting from the Released Parties' negligence (but not any of their gross negligence or willful, wanton or reckless misconduct), and includes claim/s for personal injury or wrongful death (including claim/s related to emergency, medical, drug and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract or any other claim.
OTHER PROVISIONS
I (participant and parent/s of a minor participant) further agree:
- Colorado substantive law (without regard to its "conflict of law" rules) governs this Document, any dispute I or my child have with the Released Parties and all other aspects of my or my child's relationship with the Released Parties, contractual or otherwise, and I agree that any mediation, suit or other proceeding must be filed or entered into only in Montezuma County, Colorado. I agree to attempt to settle any dispute (not settled by discussion) through mediation before a mutually acceptable Colorado mediator;
- I authorize SWOS staff, representatives, contractors or other medical personnel to obtain or provide medical care for me/my child, to transport me/my child to a medical facility, and to provide treatment they consider necessary for my/my child's health. I agree to pay all costs associated with that care and transportation. I agree to the release (to or by SWOS) of any medical records necessary for treatment, referral, billing or insurance purposes;
- SWOS reserves the right to remove any participant from any activities, if staff believe, in their judgment, the participant presents a safety concern or medical risk, is disruptive, or engages in illegal or offensive conduct. Use of illegal drugs, tobacco products or alcohol are examples of conduct that can lead to early dismissal. If participant is dismissed or departs for any reason, participant (and his/her family) are responsible for all costs of early departure whether for medical reasons, dismissal, personal emergencies or otherwise;
- I authorize SWOS or parties it designates the right and permission to photograph, film, record and/or otherwise capture my or my child's name, image, voice, written statement, photograph and/or visual likeness and use those in any media throughout the world, in perpetuity, including for reproduction, display or otherwise on the worldwide web or in publications, film or other form for educational, promotional or other purposes, without compensation to me or my child. I agree that SWOS owns all ownership/copyright rights and I waive any privacy, inspection or approval rights;
- This Document is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Document is deemed unlawful or unenforceable, it shall not affect the remaining provisions, and those remaining provisions shall continue in full force and effect;
- This Document is effective in regard to the participant's enrollment or participation in all activities from the date signed until a subsequent SWOS Acknowledgment and Assumption of Risks & Release and Indemnity Agreement is signed by the participant (and parent/s of a minor participant), and shall remain in full force and effect for all activities completed by the participant up until that point.
Participants and parents of a minor participant: I have carefully read, understand and voluntarily sign this Document and acknowledge that it shall be effective and legally binding upon me, my spouse, participating minor child and other children, and parent/s/participant's other family members, heirs, executors, representatives, subrogors, assigns and estate. The participant must sign below. If participant is a minor (under 18 yrs. of age), one of the minor's parents or legal guardians, or both, if available, must also sign below.