Liability Waiver(Required) I agree to the terms of the waiver
Notice – By signing this document you may be waiving certain legal rights, including the
right to sue.
Release and Waiver of Claims; Indemnification
In consideration of being allowed to use the facilities and participate in programs and
events operated by REVEL, the REVELer, and the REVELer’s parent(s) or legal guardian(s) if the REVELer is a minor or is determined to lack capacity to execute this agreement, do hereby agree to the fullest extent permitted by law as follows:
1) TO WAIVE ALL CLAIMS that they have or may have against REVEL arising out of the REVELer’s participation in the Programs or the use of any equipment provided by REVEL (“Equipment”). The REVELer and his/her Parents or legal
guardian(s) specifically understand and agree that they are releasing claims that
arise or may arise from acts or conduct of REVEL, its owners, affiliates, operators, employees, agents, and officers (“REVEL”) to the fullest extent
permitted by law. Nothing in this agreement shall be construed as constituting a release for acts or conduct that is found to constitute gross negligence or intentional misconduct of REVEL;
2) TO ASSUME ALL RISKS of participating in the Programs and using the Equipment consistent with Paragraph 1 above. The REVELer and his/her
Parents or legal guardian(s) specifically understand and agree that there are inherent risks of participating in the Programs and using the Equipment, which may be both foreseen and unforeseen that could potentially result in physical
injury and/or death to persons participating in the Programs and using the Equipment;
3) TO RELEASE REVEL, its owners, affiliates, operators, employees, agents, and officers from all liability for any loss, damage injury, death, or expense that the REVELer (or his/her next of kin) may suffer, arising out of his/her participation in
the Programs and use of the Equipment, including while receiving instruction and/or training; and
4) TO INDEMNIFY REVEL, its owners, affiliates, operators, employees, agents, and/or officers, from liability for any loss, damage, injury, death, or expense that the REVELer (or his/her next of kin) may suffer, arising out of participation in
Programs and use of the Equipment, except to the extent that such are attributable (and only to the extent such are attributable) to acts or conduct
constituting gross negligence, willful misconduct or intentional breach of this Agreement by REVEL, REVEL’s employees, subcontractors, suppliers, agents or representatives.
Arbitration
The REVELer, and the REVELer’s parent(s) or legal guardian(s), if REVELer is a minor, hereby agrees to submit any dispute arising from participation in the Programs to binding arbitration. Submissions shall be unlimited. For such disputes, there shall be a
three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. The neutral arbitrator shall be an officer or director of any entity that operates a year-round lake sport service in the United States. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United
States District Court, for District of Colorado, utilizing the selection criteria for the neutral
as set forth above. Each party shall pay its own costs, including the costs associated with the neutral arbitrator shall be neutral as set forth above. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The
arbitration proceeding shall proceed in the country and state in which the programs occurred and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this
matter. As a threshold matter, the Panel shall confirm whether the Waiver and Release
contained in this Agreement are enforceable under applicable law.
Personal Responsibility
The REVELer certifies that he/she has no physical or mental condition that precludes
him/her from participating in the Programs and that he/she is not participating against
medical advice.
If helmets, harness and/or life jackets are recommended for use while participating in
the Programs, and REVELer chooses not to wear a helmet, harness and/or life jacket,
he/she does so at his/her own risk and accepts full responsibility for any injury that results.
The REVELer understands that his/her participation in the Programs is voluntary and further understands that he/she has the opportunity to inspect the Host’s equipment and location before any participation.
The REVELer understands that he/she is obligated to follow the rules of the Programs and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.
If, while participating in the Programs the REVELer observes any unusual hazard, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself from participation in the Programs and immediately bring said hazard to the attention of REVEL.