Waiver version V1-NEW-NEW
CCBB Rentals V1 Waiver - New Version - New Version
EQUIPMENT RENTAL, ASSUMPTION OF RISK & RELEASE AGREEMENT
**Cripple Creek Bike & Backcountry / Cripple Creek Backcountry (“CCBB”)**
**1. RENTAL EQUIPMENT AND RESPONSIBILITY** I understand that equipment rented or provided by CCBB may include bicycles, e-bikes, skis, snowboards, splitboards, cross-country skis, boots, bindings, poles, helmets, avalanche safety equipment, racks, accessories, and related equipment (“Equipment”). I accept responsibility for the Equipment during the rental period and agree to use it only for its intended purpose and in a manner consistent with my abilities, applicable laws, manufacturer instructions, and instructions provided by CCBB. I agree to return the Equipment by the agreed date and time in substantially the same condition received, ordinary wear and tear excepted. I am financially responsible for Equipment that is lost, stolen, not returned, or damaged beyond ordinary wear and tear while in my possession or control. I authorize CCBB to charge applicable late fees and reasonable costs for cleaning, repairs, replacement parts, missing Equipment, or replacement of Equipment, subject to applicable law. I will not modify, adjust, disassemble, or repair Equipment unless authorized by CCBB.
**2. EQUIPMENT CONDITION AND INSPECTION** I am responsible for inspecting the Equipment before use and notifying CCBB of anything that appears unsafe, damaged, improperly adjusted, or unsuitable. I will stop using Equipment immediately if I believe it has become unsafe or damaged. I understand that inspection, adjustment, recommendation, or service by CCBB cannot eliminate all risks associated with these activities.
**3. BINDINGS, PEDALS, RETENTION SYSTEMS AND HELMETS** I understand that ski bindings, snowboard bindings, bicycle pedals, and other retention or release systems cannot guarantee release or retention during a fall, collision, or other incident. If ski bindings are adjusted by CCBB, I understand settings may be based on information I provide, including height, weight, age, skier type/ability, and boot information, and I certify that this information is accurate. Helmets and other protective equipment may reduce certain injuries but cannot prevent all injuries or death. I am responsible for determining whether the Equipment and setup are appropriate for my activity and ability.
**4. ASSUMPTION OF RISK** I understand that bicycling, mountain biking, road cycling, e-biking, skiing, alpine skiing, ski touring, backcountry skiing, snowboarding, splitboarding, cross-country skiing, snowshoeing, and related outdoor activities involve inherent and other risks that can cause property damage, serious injury, paralysis, or death. Risks include, but are not limited to, falls; loss of control; collisions with people, vehicles, bicycles, trees, rocks, terrain, structures, or other objects; steep, uneven, loose, wet, icy, snowy, or hazardous terrain; jumps, drops, berms, obstacles and trail features; traffic and roadway hazards; changing trail, road, weather and snow conditions; lightning, cold, heat and altitude; avalanches, tree wells, cliffs and mountain hazards; equipment malfunction or breakage; binding, pedal or retention-system failure or failure to release; errors in judgment by me or others; negligence of other people; and remote locations where rescue or medical care may be delayed. Other known and unknown risks may exist. **I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ASSOCIATED WITH MY USE OF THE EQUIPMENT AND PARTICIPATION IN THESE ACTIVITIES, INCLUDING THE RISK OF SERIOUS INJURY OR DEATH.**
**5. PARTICIPANT RESPONSIBILITIES** I represent that I am physically and mentally capable of my intended activity and will select terrain, routes, speeds, and conditions appropriate for my abilities. I am responsible for following applicable laws, rules, trail restrictions, ski-area policies, closures, warnings, and safety practices. CCBB does not control weather, snow, avalanche conditions, trails, roads, traffic, other participants, or environmental hazards. For travel in avalanche terrain, I understand avalanche safety equipment does not prevent avalanches or guarantee survival and that education, judgment, terrain selection, companion rescue skills, and decision-making remain my responsibility.
**6. RELEASE AND WAIVER OF LIABILITY** To the fullest extent permitted by law, I, on behalf of myself and my heirs, representatives, estate, and assigns, **RELEASE, WAIVE, AND DISCHARGE** Cripple Creek Bike & Backcountry, Cripple Creek Backcountry, their affiliated entities, owners, members, officers, directors, employees, agents, representatives, landlords, and equipment manufacturers and distributors (collectively, the “Released Parties”) from claims arising from or relating to my rental, possession, transportation, or use of the Equipment or participation in related activities. **THIS RELEASE IS INTENDED TO INCLUDE CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES**, including equipment selection, inspection, maintenance, adjustment, setup, instructions, recommendations, or warnings, to the fullest extent such claims may lawfully be released. This agreement does not release claims that cannot legally be waived.
**7. MEDICAL TREATMENT AND EMERGENCIES** If I am injured or become ill and cannot make decisions for myself, I authorize reasonable emergency medical treatment when deemed necessary. I am responsible for costs associated with medical care, evacuation, transportation, or rescue provided to me.
**8. MINORS** If accepting for a minor, I represent that I am the minor's parent or legal guardian and have authority to enter into this agreement on the minor's behalf. I acknowledge these risks, give permission for the minor to use the Equipment and participate in the applicable activities, and, to the fullest extent permitted by law, agree individually and on behalf of the minor to these terms.
**9. COLORADO LAW AND SEVERABILITY** This agreement is governed by Colorado law. If any provision is invalid or unenforceable, the remaining provisions remain effective to the greatest extent permitted by law. I intend this agreement to be interpreted as broadly as permitted by Colorado law.
**10. ELECTRONIC ACCEPTANCE** I understand that entering my legal name and electronically accepting this agreement constitutes my electronic signature. My acceptance may be stored with the date and time, waiver version, rental information, and related transaction records. **BY ACCEPTING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT, HAVE HAD AN OPPORTUNITY TO ASK QUESTIONS, AND VOLUNTARILY GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO BRING CERTAIN CLAIMS AGAINST THE RELEASED PARTIES.**