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WESTON PASS HUT WARNING AND ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT

Today's Date: April 26, 2024

PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

I, in consideration for my being permitted by Leadville Backcountry, Phase II, LLC (d/b/a Weston Pass Hut) to use the backcountry hut, land, and facilities (collectively the "Hut") owned and operated by the foregoing, and all its property owners, agents, employees, volunteers, members, managers, successors, and assigns (collectively the "Hut Operators"), acknowledge and agree to the following warning, waiver, release, and indemnity.

1. I certify that I am 18 years of age or older or, that I am the parent or legal guardian of the intended traveler.


2. I acknowledge that all forms of backcountry and wilderness travel, including but not limited to hiking, skiing, snowshoeing, biking, snowmobiling, horseback riding, and motorized vehicle travel; have inherent risks, hazards, and dangers that cannot be eliminated, particularly in a wilderness environment in mountainous terrain. I understand that these risks, hazards, and dangers include without limitation:

a. Risks arising from any activities in areas that are not patrolled or policed, where road and trail conditions vary and are not marked, maintained, or controlled and are unpredictable and changeable, where obstacles are not marked and hazards may not be visible, and where weather is changeable and unpredictable;

b. Risks arising from driving, skiing, snowshoeing, snowmobiling, or any other form of winter travel in areas that are not patrolled, where snow conditions vary and are unpredictable and changeable, where objects are not marked and hazards may not be visible, where slopes are not groomed, maintained or controlled, where weather is changeable and unpredictable, and where avalanches occur;

c. Risks involved in decision making and route finding in a backcountry or wilderness environment in mountainous terrain; and risks of getting lost and of not reaching the hut;

d. Risks arising from shared use of the Hut with other guests;

e. Risks arising from the lack of any running water or drinking water at the Hut, including dehydration;

f. Risks arising from travel within and overnight stays at altitudes ranging from 9,000 - 12,000 feet above sea level;

g. Risks arising from staying in premises that do not necessarily meet current building code requirements;

h. Risks arising from the likelihood that abandoned mines exist on or around the Hut, including but not limited to risk arising from mine tailings, open mine shafts or winzes, and the collapse of mine drifts or sealed shafts;

i. Risks arising from the use of a remote, simple hut with no communication system in a backcountry environment in mountainous terrain;

j. Such other risks, hazards, and dangers that are integral to or may arise from any and all activities and modes of travel in backcountry and wilderness environments in mountainous terrain.


3. I have read and understood the information made available to me by the Hut Operators through their website (www.westonpasshut.com) or otherwise, concerning the use of the Hut. I understand that travel in a backcountry or wilderness environment in mountainous terrain may require good physical conditioning and particular skills and knowledge. I understand that I have responsibilities as a backcountry user. I understand with full knowledge that I am electing to travel to, from and around the Hut premises, knowing the present condition may change and become more hazardous and dangerous, and hereby assume and accept all risks of injury to person or property, paralysis, or death.


4. I, for myself, my heirs, successors, executors, personal representative, and subrogors, hereby knowingly and intentionally waive and release, indemnify, and hold harmless the Hut Operators from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including attorney's fees) and ordinary negligence of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my property as a result of my traveling to or from the Hut or use of the Hut, and traveling in any manner in a backcountry or wilderness environment in mountainous terrain, whether such damage, loss, injury, paralysis, or death results from ordinary negligence of any of the Hut Operators, their members, agents, employees, and volunteers, or from any other cause.


5. I understand that a Warning and Acknowledgement of Risk, Release of Liability, and Indemnity Agreement form must be signed by each member of my party (or signed by a parent or legal guardian on behalf of minors). I agree to save and hold harmless, indemnify, and forever defend the Hut Operators, their members, agents, employees, and volunteers from and against any claims, actions, demands, expenses, liabilities (including attorney's fees) and ordinary negligence made or brought by any member of my group or brought by anyone on behalf of said member, including minors, who has not signed (or caused to be signed by a parent or legal guardian, in the case of minors) and delivered to Leadville Backcountry, Phase II, LLC a Warning and Acknowledgement of Risk, Release of Liability, and Indemnity Agreement form, that arise from said member's travel to or from and use of the Hut.


6. I agree that the invalidity or unenforceability of any provisions of this agreement shall not affect the validity or enforceability of any other provision of this agreement, which shall remain in full force and effect.


7. Participation in the activities and use of the Weston Pass Hut includes possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; and, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF LEADVILLE BACKCOUNTRY, PHASE II, LLC, its members, directors, officers, agents, employees, and volunteers, and assume full responsibility for my participation.


This form is intended to be a comprehensive release of liability but is not intended to assert defenses which are prohibited by law.

I HAVE CAREFULLY READ, CLEARLY UNDERSTAND, AND VOLUNTARILY SIGN THIS WARNING AND ACKNOWLEDGEMENT OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT:

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information

Last name of the person who booked your trip: *
First Participant's Signature*
Second Participant's Name

First Name*

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

Last name of the person who booked your trip: *
Third Participant's Name

First Name*

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

Last name of the person who booked your trip: *
Fourth Participant's Name

First Name*

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

Last name of the person who booked your trip: *
Fifth Participant's Name

First Name*

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

Last name of the person who booked your trip: *
Sixth Participant's Name

First Name*

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

Last name of the person who booked your trip: *
Seventh Participant's Name

First Name*

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

Last name of the person who booked your trip: *
Eighth Participant's Name

First Name*

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

Last name of the person who booked your trip: *
Ninth Participant's Name

First Name*

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

Last name of the person who booked your trip: *
Tenth Participant's Name

First Name*

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

Last name of the person who booked your trip: *
Parent or Guardian's Email Address

Email*

Confirm Email*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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 Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information

Last name of the person who booked your trip: *
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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