Agreements

Disabled Sports USA DBA Move United Waiver & Release of Liability Agreement

Disabled Sports USA DBA Move United, and its affiliated Chapters (“Released Parties”) are non-commercial, not for profit activity providers. The purpose of this Disabled Sports USA DBA Move United Waiver & Release of Liability Agreement is to exempt, waive, and relieve Released Parties from any and all liability for any harm, wrongful death, personal injury, property damage, claim or cause of action, including, but not limited to liability arising from the negligence of Released Parties. “Released Parties” include Disabled Sports USA DBA Move United, Breckenridge Outdoor Education Center, and their affiliates, successors, predecessors, parents, subsidiaries, owners, representatives, administrators, directors, officers, agents, coaches, employees, contractors, assigns, and volunteers; other participants, sponsoring agencies, sponsors, and advertisers; and, if applicable, the owners, operators, and lessors of premises on which the activities or events take place.

In consideration of the undersigned Participant being allowed to participate in any way in Disabled Sports USA DBA Move United and/or Breckenridge Outdoor Education Center related events and activities, the Undersigned (“Undersigned” means the Participant or the Participant’s parent, legal guardian, or legal representative when the Participant is under the age of 18 or legally incapacitated) agrees and acknowledges as follows:

1. Risks of Activity. Participant will be taking part in activities that can be hazardous and involve the risk of physical injury and/or death. The activities are inherently dangerous and Undersigned fully realizes the dangers of participating in the activities. The dangers and risks of the activities include, but are not limited to the condition of the premises and equipment, and the acts, omissions, representations, carelessness, and negligence of the Released Parties. Recognizing the risks and dangers, the Undersigned voluntarily chooses for Participant to participate in the activities and expressly assumes all risks and dangers of the participation in the activity, whether or not described above, known or unknown, inherent, or otherwise.

2. Risks of Participation. The Undersigned recognizes and understands that while Released Parties have undertaken reasonable steps to lessen the risk of transmission of communicable diseases, including but not limited to, COVID-19, in connection with participation in the activities, the Released Parties are not responsible in any manner for any risks related to communicable diseases in connection with Participant’s participation in the activities. Specifically, the Undersigned understands that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death. The Undersigned is fully aware that participation in the activities carries with it certain inherent risks related to transmission of communicable diseases (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying a communicable disease; (2) the risk of transmitting or contracting a communicable disease, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from communicable diseases or the treatment thereof. Further, the Undersigned understands that the risks of all communicable diseases are not fully understood, and that contact with, or transmission of, a communicable disease may result in risks to the Participant including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks. The Undersigned hereby voluntarily accepts and assumes all risk of loss, personal injury, sickness, death, damage, and expense for the Participant arising from such Inherent Risks. Furthermore, the Undersigned represents and warrants that Participant does not knowingly carry any communicable diseases that may be transmitted during participation in the activities.

3. Release and Indemnification. Undersigned (a) unconditionally releases, forever discharges, and agrees not to sue the Released Parties for any claims or causes of action for any liability or loss of any nature, including personal injury, death, and property damage, arising out of or relating to Participant’s participation in any Disabled Sports USA DBA Move United/ Breckenridge Outdoor Education Center events or activities or the Participant’s presence on or travel to the premises where such events or activities take place, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract the Undersigned may or will have against the Released Parties; and (b) agrees to indemnify, defend, and hold harmless the Released Parties from and against any liability or damage of any kind and from any suits, claims, or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in such events or activities or the Participant’s presence on or travel to the premises where such events or activities take place.

4. Helmet Use. Undersigned agrees that Participant shall use a helmet when participating in the following activities: Alpine skiing, cycling, equestrian, ice hockey, outdoor rock climbing, snowboarding, white water kayaking, white water river rafting, and any other activity when directed by Released Parties. Undersigned understands that a helmet is in no way a guarantee of safety and that no helmet can protect the wearer against all foreseeable impacts to the head, and that the activities can expose the Participant to forces that exceed the limits of protection provided by a helmet. Undersigned agrees to assume full responsibility for complying with this paragraph and that Released Parties shall not be liable for any injury or damages resulting from Participant’s failure to use a helmet.

5. Medical Treatment. Undersigned understands that the Released Parties do not have medical personnel available at the location of the activities. Undersigned hereby grants the Released Parties permission to administer first aid or to authorize emergency medical treatment, if necessary. Undersigned understands and agrees that any such action by the Released Parties shall be subject to the terms of this agreement and release, including any liability arising from the negligence of the Released Parties when administering first aid or authorizing others to do so. Undersigned understands and agrees that the Released Parties do not assume responsibility for any injury or damage which might arise out of or in connection with such authorized emergency medical treatment.

6. Miscellaneous. Undersigned agrees (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations, and ordinances; (b) this Agreement shall be governed by the laws of the State of Colorado and the exclusive jurisdiction and venue for any claim shall be located in the state courts located in Summit County, CO; (c) this Agreement shall be binding upon the subrogors, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned; (d) this Agreement shall be construed as broadly as permitted by applicable law; and (e) that in the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Agreement.

FOR PARTICIPANTS UNDER THE AGE OF 18 OR LEGALLY INCAPACITATED

Undersigned parent, or legal guardian, or legal representative acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor or legally incapacitated adult and that the minor or the legally incapacitated adult shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent, or legal guardian, or legal representative of a minor or legally incapacitated adult, the parent, legal guardian, or legal representative understands that he/she is also waiving rights on behalf of the minor or legally incapacitated adult that the minor or legally incapacitated adult otherwise may have. The Undersigned parent, or legal guardian, or legal representative agrees that, but for the foregoing, the minor or legally incapacitated adult would not be permitted to participate in the activities. By signing below, I hereby represent that I am the parent, legal guardian, or legal representative of a minor, or legally incapacitated adult Participant and that I have the authority to sign on the Participant’s behalf.

– Spanish Version –

Breckenridge Outdoor Education Center – Statement of Informed Consent & Code of Conduct

Statement of Informed Consent

We, the staff of Breckenridge Outdoor Education Center (BOEC), look forward to having you, your child or your family member join us for a program experience on the ski slopes, at our Wilderness Site (Scott Griffith Lodge) and/or in one of our “wilderness” venues. Below, you will find important information about BOEC, our activities and the potential risks involved in participation. Please read this information carefully and ask us any questions you might have prior to your participation.

BOEC is a non-profit organization that has been in operation since 1976, providing outdoor adventure programs for people of all ages and abilities. We offer activities and programs for groups and individuals throughout the year. BOEC strives to structure its activities to address the specific goals and abilities of its students.

All activities conducted by BOEC are consistent with the standards set out by the Association for Experiential Education (AEE) and the Professional Ski Instructors Association (PSIA and AASI). You can be confident in knowing that BOEC is accredited by AEE, an outside, independent organization that has reviewed and approved BOEC’s policies, practices and educational components. The AEE only accredits those programs that meet its standards.

Please know that participation in BOEC activities involves risk. These risks will be greater than most people encounter in their daily lives, which is what BOEC is all about. Providing high quality programs in a risk-managed environment is a priority at BOEC, however, we cannot eliminate all risks in adventure activities such as snow skiing or snowboarding, rafting, rock climbing or most of the activities that we do. These activities can cause injury and even serious injury. As with any outdoor adventure, under rare circumstances, the activity can even result in death.

It is of utmost importance to us that you not engage in activities that are opposed by you, your family, or your doctor due to illness, physical or mental infirmity, or any other health/medical condition that you may have, whether diagnosed or undiagnosed.

We ask that you acknowledge and understand the following: participation in outdoor programs involves risk. The following is a partial list of the potential risks associated with the activities at BOEC. 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 injury, mental stress, permanent disability, even 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 unintended contact with others, including participants and members of the general public. ∙ Perils and hazards arising from unintended contact with both natural features such as rocks, trees, plants and animals, as well as man-made features such as posts and equipment.

• Perils and hazards arising from equipment failure or malfunction.
• Increased risk of harm due to delays in the delivery of emergency medical services in remote locations or due to reasons beyond BOEC’s control. ∙ The risk of coming into close contact with individuals or objects that may be carrying a communicable disease, such as COVID-19, that cannot be eliminated regardless of the care taken to avoid such risks.

To help us try to manage these risks it is very important that all program participants follow all directions given by BOEC staff and our Code of Conduct. Please ask questions whenever a procedure or activity is unclear to you. If a program participant currently is taking prescription medications, including medical marijuana or other alternative therapies, it is imperative that these medications be disclosed in the confidential medical form. Use of or being under the influence of alcohol or judgment affecting drugs while participating in adventure activities is unsafe and strictly prohibited.

We believe that it is in everyone’s interest that risks are disclosed, understood, and accepted prior to participation at BOEC. As a participant and or the parent or legal guardian of a participant, in addition to this Statement of Informed Consent and our Code of Conduct, you will also receive and will be asked to sign an Acknowledgement of Risk/Assumption of Liability Form.

Code of Conduct

Breckenridge Outdoor Education Center requires that participants conduct themselves in a safe and respectful manner to help maintain an enjoyable and comfortable environment throughout the program, event or activity. Safety, wellness and the maintenance of a risk-managed environment is at the core of BOEC’s daily work. The terms herein extend to participant’s agents, family members, aides, caregivers and anyone acting on participant’s behalf. The BOEC Code of Conduct is intended to help provide a positive experience for all staff, volunteers and participants and applies to the duration of all BOEC events, programs or activities.

All participants must read, execute and adhere to the BOEC Code of Conduct as outlined below. Failure to adhere to the terms of this Code of Conduct may, in the BOEC’s sole discretion, result in the participant’s removal from programs, events or activities or the denial of admission into a current or future program, event or activity.

• Treat each other with respect and consideration. Any form of harassment, violence or manipulative behaviors are prohibited.
  • Manipulation is a type of social influence that aims to change the behavior or perception of others through indirect, deceptive, or dishonest means.
  • Harassment is any conduct where a person feels it interferes with work and learning or creates an offensive environment. This includes, but is not limited to the following: obscene gestures, physical contact, use of profanity, display or circulation of written materials or pictures derogatory to gender, race, color, religion, creed, sexual orientation, national origin, ancestry, age, disability, political beliefs, appearance or ethnicity.
• Contribute to a positive learning environment.
  • At BOEC, we work to maintain environments that support individuals being their authentic selves and engage differences to build productive programs.
  • A positive learning environment supports our commitment to equal opportunity for all participants.
• Perform in a manner that does not detract from a positive learning environment, overall programming goals or functioning of the BOEC.
• Follow all BOEC policies, procedures, and instructions.
• Respect and not intentionally damage the property of the BOEC or other participants.
• Engage in no physical, verbal, sexual, or mental abuse of others. The BOEC has zero tolerance for abuse or neglect of any type. ∙ Not be under the influence of any substance that impairs their ability to participate in BOEC activities. No smoking or use of tobacco products of any type, including e-cigarettes at programs events, or activities, unless expressly authorized by BOEC staff. Smoking is not permitted during activities, indoors or inside vehicles.
• No consumption of or possession of alcohol or substances at any time during programs, events or activities, unless expressly authorized by BOEC staff.
• Firearms or weapons of any kind are NOT permitted at any BOEC program, event or activity or at any BOEC site or facility. ∙ Promptly report any changes to health condition(s) or dietary needs prior to arrival on or during a program, event or activity. Promptly report any changes to your health conditions(s) or dietary needs that occur during the course, program or activity. All participants have a responsibility to report any practice or situation that endangers the health, safety, or well-being of participants, employees, contractors, volunteers, and sponsors, or violations of this Code of Conduct.

Acknowledgment and Acceptance: I acknowledge that I have read and familiarized myself with the Informed Consent and the Code of Conduct and understand that my signature below signifies my acceptance of the terms of these documents as a condition of my participation in any BOEC program, event or activity. I also understand, acknowledge and agree that my failure to comply with any requirements established herein may result in my dismissal from BOEC programs, events or activities, or the denial of admission into a current or future

BOEC program, event or activity. All costs associated with removal from a program, event or activity may be my sole responsibility.

If you have any questions or comments about this Statement of Informed Consent, the Code of Conduct, the Acknowledgement of Risk/Assumption of Liability Form or the level of risk at BOEC, please do not hesitate to contact us. We welcome your questions, suggestions, and feedback.

As a participant in a BOEC program, I hereby ACKNOWLEDGE AND AFFIRM that I understand and accept all risks associated with the program, and consent to my participation therein.

Parent or Legal Guardian (if participant is under 18 years of age or otherwise legally dependent):

I hereby warrant that I have legal authority to act on behalf of my child or ward. I agree to the above terms and conditions for myself and on behalf of my child or ward. I agree to indemnify BOEC for any and all claims brought by or on behalf of the child or ward for whom I sign or for any claim brought by any other person related to the child or ward against BOEC.