LIABILITY WAIVER AND RELEASE OF CLAIMS

Aspen Gay Ski Week and AspenOUT (AGSW-AO) are keeping a close watch on COVID19 infection levels and Monkeypox outbreaks (MPV) in Pitkin County and throughout the United States.  COVID19 and its variants can be fatal but with vaccinations and boosters, the risk of severe illness and death is greatly reduced.  While MPV is rarely fatal, it is painful and contagious.  MPV vaccines, although in short supply, do provide some degree of immediate protection even after infection.  As a community, we need to protect ourselves from both of these health concerns and contribute to avoiding an epidemic in our community.

SAFETY INFORMATION: 

There is always inherent risk in participating in any activity. Due to the circumstances created by MPV and COVID19, there is a heightened degree of personal risk and responsibility in participating in events held or sponsored by AGSW-AO.  You are strongly urged to be fully vaccinated against COVID19 and MPV before attending this event.  As a condition of your registering for and attending this event, you hereby forever release and discharge AGSW-AO, together with its affiliated directors, board members, insurers, sponsors, volunteers, event producers and assigns from any and all liabilities, causes of action, damages, indemnities, obligations, debts, claims and demands of every kind and nature, both in law and in equity, known or unknown, fixed or contingent, based upon or in any way related to contracting MPV and/or COVID19 at AGSW-AO events.

As a participant, volunteer or attendee in the events held or sponsored by AGSW-AO, you agree to practice good physical hygiene and be respectful of peoples’ boundaries around physical closeness and minimize skin to skin contact to reduce the risks of exposure to and transmission of MPV and COVID19.  Because MPV and COVID19 are extremely contagious and spread mainly from person-to-person contact, AGSW-AO asks that you stay home if you are feeling ill, have recently been exposed or tested positive for MPV or COVID19.   

Although research is still ongoing regarding the spread of the MPV, please be mindful that the virus is generally spread from close contact with an active lesion (typically a pustule), as well as through contact with respiratory secretions.  Respiratory secretions are not typically aerosolized, so MPV does not spread in the same manner as COVID19.  AGSW-AO cannot guarantee that its participants, volunteers, partners, or others in attendance will not become infected with MPV or COVID19.

Individuals who fall within any of the categories below should not engage in AGSW-AO events and/or other face to face fundraising activities held or sponsored by AGSW-AO.  By attending, participating or volunteering at AGSW-AO events, you certify that you do not fall into any of the following categories:    

1. Individuals who currently or within the past twenty-one (21) days have experienced symptoms associated with MPV, which include but are not limited to: rash, swollen lymph nodes, exhaustion, fever, cough, and shortness of breath;

1. Individuals who currently or within the past fourteen (14) days have experienced symptoms associated with COVID19, which include but are not limited to: fever, cough, shortness of breath, and a loss of taste or smell;

1. Individuals who believe that they may have been exposed to a confirmed or suspected case of MPV or COVID19 or have been diagnosed with MPV or COVID19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for your treatment. 

DUTY TO SELF-MONITOR:

Participants, volunteers and attendees agree to self-monitor for signs and symptoms of MPV and COVID19 (symptoms typically include, but are not limited to: fever, cough, shortness of breath, loss of taste or smell, rash, swollen lymph nodes, and exhaustion) and, contact AGSW-AO if symptoms of COVID19 or MPV arise within 14-21 days after participating, attending or volunteering with events held or sponsored by AGSW-AO.

RELEASE AND WAIVER OF CLAIMS:

I acknowledge that I derive personal satisfaction and a benefit by virtue of my participation and/or voluntarism with AGSW-AO, and I willingly engage in AGSW-AO events and/or other fundraising activities.

I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST AGSW-AO AND ITS AFFILIATED PARTNERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF  THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH AGSW-AO.

ASSUMPTION OF THE RISK. I acknowledge and understand that participation, attendance and volunteering with AGSW-AO may include possible exposure to and illness from infectious diseases including, but not limited to, MPV and COVID19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; I knowingly and freely assume all such risks related to illness and infectious diseases, such as MPV and COVID19, even if arising from the negligence or fault of the Released Parties; and I hereby knowingly assume the risk of injury, harm and loss associated with events held or sponsored by AGSW-AO, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.

BY ATTENDING AND/OR PARTICIPATING IN THE ACTIVITY, YOU ARE DEEMED TO HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.