Read Carefully - This Affects Your Legal Rights
In exchange for participation in any activity organized by Manija Productions, LLC, of 4950 S Yosemite St F2-420, Greenwood Village, Colorado, 80111 and/or use of the property, facilities, and services of Manija Productions, LLC, I, the participant, agree for myself and (if applicable) for the members of my party, to the following:
- Agreement To Follow Directions. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Manija Productions, LLC, or the employees, representatives, or agents of Manija Productions, LLC.
- Assumption of the Risks and Release. I recognize that there are certain inherent risks associated with any activity and I assume full responsibility for personal injury to myself and (if applicable) my party members, and further release and discharge Manija Productions, LLC for injury, loss, or damage arising out of my or my party’s use of or presence upon the facilities of Manija Productions, LLC, whether caused by the fault of myself, my party, Manija Productions, LLC or other third parties. I am voluntarily participating in any activity, and I am participating in the activity entirely at my own risk. I am aware of the risks associated with participating in any activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel to and from any activity, or from conditions at the activity location(s). Nonetheless, I assume all related risks, both known and unknown to me, of my participation in any activity.
- Indemnification. I agree to indemnify and defend Manija Productions, LLC against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my party's use of or presence upon the facilities of Manija Productions, LLC. I hereby release and forever discharge Manija Productions, LLC, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releases") from any physical or psychological injury that I may suffer as a direct result of my participation in any activity. I further acknowledge that Releasees are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releasees.
- Medical Emergency. I acknowledge that any activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury, and property loss. I agree not to participate in any activity unless I am medically able and properly trained, and I agree to abide by the decision of the official or agent, regarding my approval to participate in any activity. In the event that I should require medical care or treatment, I authorize to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance
- Fees. I agree to pay for all damages to the facilities of Manija Productions, LLC caused by any negligent, reckless, or willful actions by me or my party.
- Applicable Law. Any legal or equitable claim that may arise from participation in the above shall be resolved under Colorado law.
- No Duress. I agree and acknowledge that I am under no pressure or duress to agree to this agreement and that I have been given a reasonable opportunity to review it before agreeing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that Manija Productions, LLC has offered to refund any fees I have paid to use its facilities if I choose not to agree with this agreement. Checking the box when procuring the membership to participate in any event organized by Manija Productions, LLC is indicative of my unequivocal acceptance and agreement of the terms and conditions denoted in this Release of Liability Agreement.
- Arm's Length Agreement. This agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this agreement or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
- Enforceability. The invalidity or unenforceability of any provision of this agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this agreement or of any other applications of such provision, as the case may be. Such invalid or unenforceable provision shall be deemed not to be a part of this agreement.
- Dispute Resolution. The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations among the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure: Any controversies or disputes arising out of or relating to this agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.
- Term. This Waiver and Release of Liability shall remain in effect for the duration of my participation in the activity, including this initial event and all subsequent events of participation.