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Tracks Liability Waiver

Agree

Release of liability and waiver of legal rights against Tracks Nightclub, its parents, subsidiaries, or affiliates, the owner, operator, lessee, and their respective directors, managers, shareholders, employees, agents, insurers and assigns (hereinafter collectively releasees) and assumption of risk- Pool Party.

This is an important legal document which, if executed, shall forfeit your right to make a claim or file a lawsuit.

The undersigned, having read this form thoroughly, and wishing to knowingly and voluntarily enter and use the facilities and/or equipment located on the premise at Tracks Nightclub on Sunday, June 16, 2013 hereby makes the following representations, acknowledgements and agreements in consideration for being allowed to utilize the facilities to participate in a Pool Party (hereinafter the activity), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged.

Participant affirmatively states that he/she is fully aware that the activity can be hazardous regardless of all feasible safety measures that can be taken and assumes the risks of and legal responsibility for any losses, damages or injuries, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR ITS INVITEES, AND AGREES TO HOLD THE RELEASEES HARMLESS.

Participant affirmatively states that he/she is fully aware that the activity may involve the consumption of alcohol, and, regardless of whether or not Participant consumes alcohol himself, is aware that the risks, hazards, and dangers of the activity will be multiplied by the consumption of alcohol by himself and/ or other participants, and assumes the risks of and legal responsibility for any losses, damages or injuries found to result from the factor of alcoholic consumption, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR ITS INVITEES, AND AGREES TO HOLD THE RELEASEES HARMLESS.

Participant is aware that risks, hazards and dangers include but are not limited to, injuries that result from contact with other participants or spectators, injuries that result from falls caused by loss of balance, and injuries that involve objects or artificial structures properly within the intended path of travel of participant and that personal injury, including but not limited to, death, disability, paralysis, emotional injury, and property damage and other unanticipated injuries may result from the activity. Participant is aware that there will be no lifeguard on duty.

Participant understands that participant is voluntarily and knowingly assuming the risk of personal injury and property damage by engaging in the activity WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR ITS INVITEES, AND AGREES TO HOLD THE RELEASEES HARMLESS.

Participant states that he/she does not have any known medical conditions which could be, or are likely to be, worsened, activated or affected in any manner, by the strenuous requirements of the activity, such as heart conditions, pulmonary conditions, orthopedic or neurological conditions, back or neck conditions, or other preexisting conditions of any nature or type, illnesses, diseases, etc. Participant affirms that he can swim.

Participant pledges to participate in the activity in a safe, responsible manner, obeying all rules with the utmost care. Participant understands that he/she will be held liable for all injuries and property damage caused by participant.

In consideration of being allowed to participate in the activity, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I, for myself and for my heirs, executors, administrators, successors and assigns, do herby indemnify, release, hold harmless, acquit, exonerate and forever discharge Tracks Nightclub, the owner, operator, lessee, and their respective employees, agents, insurers and assigns (hereinafter collectively releasees) the directors, employees, agents, associates and representatives of each of the foregoing, of and from any and all claims of any nature for personal injury, property damage or other harm of any nature which may be sustained by me or any other person and for any and all claims or suits of any nature or types that I had, have or might ever have in the future arising from my participation in the activity, including, but not limited to, those RESULTING IN ANY WAY FROM THE NEGLIGENCE OF RELEASEES OR ITS INVITEES.

I understand that this is unconditional release, waiver of liability and assumption of risk will prevent me from making or pursuing legal claims or remedies that I might otherwise have, and I voluntarily waive and release all such claims in consideration for being allowed to voluntarily participate in the activity. I understand that notwithstanding any statements that may have been made to me by any person who I believe to be an employee or agent of releases; that I do not rely on any such statements, and rather, I understand that the only authorized statements of those entities or persons with regard to the capabilities or potential harm rising from the participation in the activity area those statements made in the is unconditional release of liability and waiver of legal rights and assumption of risk. I further understand and agree that it is my option to not participate, should I choose not to.

Participant agrees to indemnify and defend the releases against and save them harmless from any and all damages, actions, claims, judgments, cost of litigation and attorney fees which may result from participants participation in the activity, or presence upon, the facilities, WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR ITS INVITEES, AND AGREES TO HOLD THE RELEASEES HARMLESS.

Participant understands and acknowledges that if any word, phrase, paragraph or portion of the unconditional release, waiver of liability and assumption of risk form is found to be legally invalid, that portion shall be considered severable from the rest of the unconditional release, waiver of liability and assumption of risk, which shall remain legally binding.

It is agreed that the law of the State of Colorado controls the interpretation and effect of this unconditional waiver, release of liability and assumption of risk form.

Participant agrees to provide a valid e-mail. Participant agrees to be added to the Tracks Nightclub promotional e-mail list. Participant may opt out from receiving e-mails. However, returning to Tracks Nightclub will opt you back into the e-mail promotion.

Participant authorizes Tracks Nightclub to photograph or film and consent to the use of my likeness and image in any and all publications, educational materials, research, advertising, news media, and World Wide Web materials. I understand and agree that such materials, including all negatives, positives, digital images, and prints shall become and remain the sole property of Tracks Nightclub and I shall have no right or title to such items. I agree that Tracks Nightclub does not owe me any compensation for the acts that I have consented to in this agreement. I further understand and agree that these materials may be kept on file and used by Tracks Nightclub for potential future purposes and further agree to release Tracks Nightclub from any and all liability arising from or in connection with the taking, use, publication, or dissemination of such materials.

This is an important legal document giving up your right to make a claim or file a law suit. Do not sign it unless you have read and understand it.

By signing this waiver and assumption of risk and release, I acknowledge its contents. I agree to be bound by the terms of this unconditional release, waiver of liability and assumption of risk and understand that any and all risks, whether known or unknown, are expressly waived in advance. I certify that my participation is covered by insurance to cover any injury or damages I may suffer or cause, or else I agree to bear the costs for such injury or damage to myself or others. I have signed this document freely and voluntarily without and inducement.

April 19, 2024

First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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