Are liability waivers enforceable in Colorado?

Yes, liability waivers are generally enforceable in Colorado, except in specific instances. If the agreement uses ambiguous language, references incorrect laws, or doesn’t clearly state your rights, it’s ineligible. Other cases in which it becomes invalid are if the client didn’t consent to the agreement due to insufficient time to read it or ignorance of the Activity’s risks. Lastly, if this Activity is in any way an essential or public service, you cannot waive liability for it.

What are the requirements for a liability waiver in Colorado?

This document must explain the Activity in it, whether it’s the activity name or a short description. You must also add both your company name and the Participant’s name. It requires a complete description of the risks and sections which confirm the client understands these risks and voluntarily participates in the Activity. Lastly, you must ensure to clearly describe the client’s rights while completing the Activity or on Company premises.

What makes the form valid in Colorado?

For the form to be valid in Colorado, it must comply with the four eligibility terms, and both parties must sign it. The four conditions in the contract for the form to be valid are: The non-existence of duty to the public. The nature of the service performed. A fairly entered-into contract. Both parties express their intentions and rights clearly and unambiguously.

Release of Liability Form Colorado

Prepared for:

[Participant.FirstName][Participant.LastName]

[Participant.Company]

Created by:

[Sender.FirstName][Sender.LastName]

[Sender.Company]

Company:[Sender.Company]

Address: [Sender.StreetAddress][Sender.City][Sender.State][Sender.PostalCode]

I, [Participant.FirstName][Participant.LastName] hereby releases and forever discharges [Sender.Company] (“Company”) and all its affiliates, employees, agents, successors, and assigns (“Covered Persons”) from all liabilities that may occur from injury or loss during this Activity (Activity.Name) (“Activity”).

Agreement to Follow Directions

I hereby acknowledge that I have read or received all knowledge, rules, warnings, and restrictions of the Activity. I certify that I understand the risks associated with the Activity and agree that I will not hold the Company responsible for any injuries or losses I sustain during the Activity. I agree to release the Company and its Covered Persons from any claims, actions, demands, causes of action, or suits of any kind.

I understand that the Company holds me solely responsible for any damages to myself, others, or Company property, if my willful misconduct, negligence, or disregard for the rules of the Activity leads to it.

Assumption of the Risk and Release

I am in complete understanding of the risks associated with the Activity, including, but not limited to, the following:

Broken bones
Cuts and bruises
Sprained muscles
Torn Ligaments
Back injury
Finger Injuries
Brain injury
Concussion
Skull fracture
Death
(Other Risks)

Also, the Participant understands and acknowledges that other risks, such as Covid-19, are present. COVID-19 is an extremely contagious virus that easily spreads from person to person. New preventative measures have been placed to reduce the spread of this virus. However, the Participant understands that the best practices still offer no guarantee regarding the potential risk of infection.

Indemnification

I agree to indemnify, hold harmless, and defend the Company against all causes of action, judgment, claims, damages, property damages, costs, or expenses, including attorney fees and other litigation arising from participating in the Activity. I understand it includes damages, death, or injuries that occur from my use or the use of my family or presence upon the facilities of the Company while participating in the Activity.

No Duress

I acknowledge that I voluntarily consented to the Activity and am under no pressure or duress to sign this Colorado liability waiver form. I agree that I have received adequate and reasonable time to review this standard release of liability form.

I acknowledge that the Company may refund any deposits, and I cannot participate in the Activity if I choose not to sign this form. Participation in this Activity is voluntary, and I acknowledge that I can withdraw anytime.

Emergency Contact

In cases of emergency, please get in touch with my emergency contact listed below:

Name:[EmergencyContact.FirstName][EmergencyContact.LastName]
Relationship: (EmergencyContact.Relationship)
Contact Number:[EmergencyContact.Phone]
Email:[EmergencyContact.Email]

Acceptance

The state of Colorado governs this liability waiver, and any legal matters arising from it will take place in (County), Colorado.

I accept this release of liability form as the complete agreements, terms, and conditions between myself, anyone I sign for, and the Company while participating in the Activity.

Optional Parent/Guardian Release

I/We, [Guardian1.FirstName][Guardian1.LastName] and [Guardian2.FirstName][Guardian2.LastName], are the parents/guardians of the Participant, a minor under 18, on this day. I/We have read the above terms and conditions of this liability waiver and acknowledge that both me/we and my/our child enter into this agreement while understanding and voluntarily consenting to its terms and conditions as listed above. I/We understand that my/our signature below legally binds me/us and my/our child to these terms.

Agreement

Both parties agree that their signature below means they acknowledge understanding of the terms contained in this release of liability form. It also signifies the voluntary surrender of certain legal rights connected to the Activity.