Trailside Metropolitan District Nos. 1-6

NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. Read this document carefully and in its entirety. By signing this Agreement, you give up your right to bring a court action to recover compensation or obtain any other remedy for any personal injury or property damage however caused arising out of your presence on property owned by Trailside Metropolitan District Nos. 1-6 (collectively, the “District”), now or at any time in the future.

Governmental Immunity

Nothing in this Agreement/Waiver shall be construed to be a waiver, in whole or in part, of any right, privilege, or protection afforded the District or its directors, officers, employees, servants, agents, or authorized volunteers, pursuant to the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNIFICATION FOR THE TRAILSIDE METROPOLITAN DISTRICT NOS. 1-6

I, the undersigned, understand the hazards, dangers, and inherent risks in the use of District-owned property (the “Property”), which could result in illness, injury or even death. I also understand that while the District consents to the use of the Property as set out in the “District Facilities Use Application and Fee Schedule Agreement” (the “Activity”), the District disclaims all liability and responsibility and shall not participate in the Activity. I am participating in the Activity voluntarily and without supervision or assistance from the District. I HEREBY ASSUME ALL RISKS OF USE OF THE PROPERTY, THE ACTIVITY AND ALL RISKS OF BEING ON OR NEAR THE PROPERTY.

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In return for allowing me to use the Property,

NAME OF OWNER:

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I hereby take action for myself, my executors, administrators, heirs, family members and minor children, next of kin, permitted guests, and successors and assigns, and WAIVE, RELEASE, DISCHARGE AND AGREE NOT TO SUE for any and all liabilities, including my death, disability, personal injury, property damage, property theft, or claims of any kind which may hereafter accrue to me as a result of my use of, or my traveling to or from the Property. I agree to indemnify and hold the District harmless from any loss, damage, injury, or claim occasioned by or arising from my use of the Property.

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In this RELEASE, I realize that I am releasing claims of all kinds, including, but not limited to, those resulting from any unsafe conditions, and including claims resulting from collision with other users, spectators, or equipment in and around the Property. This RELEASE does not apply to gross negligence or intentional acts.

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This RELEASE applies to the District and its respective officers, directors, employees, and agents.

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I have read the foregoing RELEASE OF LIABILITY; WAIVER OF CLAIMS, AND INDEMNIFICATION, AND I UNDERSTAND ITS CONTENTS.

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