1) INFORMED CONSENT: With respect to TRAINOC LLC obstacle course, I understand that there may be health risks associated with activities requiring physical exertion, including but not limited to transient dizziness, fainting, nauseam muscle cramping, musculoskeletal injury, sprains and strains, broken bones, heart attack, stroke or death. I certify that I am capable of performing physical exercise and acknowledge that I am voluntarily participating in an obstacle course created by TrainOC, and using equipment with the knowledge of the dangers involved. If I experience dizziness, fainting, nausea, muscle cramping, or any other symptom while exercising, I will discontinue the activity and notify TrainOC immediately. In consideration for being allowed to participate on the obstacle course, I hereby agree to assume all risk of such exercise, and further agree to hold harmless TrainOC and its staff members from any and all claims, suits, losses, or related causes of action for damages, including but not limited to, such claims that may result from any injury or death, accidental or otherwise, during, or arising in any way from TrainOC; This informed Consent shall be binding upon my heirs, spouse, or other next of kin, executor, administers and assigns.
3) Limitation of Liability; Disclaimer of Warranties. NO RELEASEE SHALL BE LIABLE TO ME, OR ANY OF MY REPRESENTATIVES, OR OTHER THIRD PARTIES FOR ANY DIRECT ,INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM MY PARTICIPATION IN THE EVENT.
4) Indemnification: Participant agrees to indemnify and hold each Releasee harmless from and against any and all damages, cost, claims, or demands, including reasonable attorney’s fees, made by any third party due to. Or arising from, or relating to participants participation in the Event, including but limited to those arising from death, physical or mental injury. I further agree to hold harmless, defend, and indemnify (which for the avoidance of doubt includes defending and paying any judgment, court cost, investigations cost, attorney’s fees and any other expenses incurred that relate to a breach of this contract) each Releasee against any and all claims of co-participants, rescuers, and other arising from my conduct in the course of my participation in the Event.
5) Severability: I agree that this assumption of Risk, Wavier of Liability and Indemnity Agreement is intended to be as broad and inclusive as permitted by the law of the state of Colorado and that if any provision herein is found to be unlawful, void, or for any reason unenforceable, that that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.