WAIVER OF LIABILITY AND RELEASE
Please read this document very carefully and make sure you understand it. This document is a legally binding agreement with important legal consequences. You are advised to consult with an attorney before signing this document.
Every person, or a parent or legal guardian of a person under the age of 18, desiring to use or participate in activities on or in or around a Brighton Crossings Operations Board (“BCOB”) recreational amenity including but not limited to swimming facilities, fitness center, Venture Center, dog park, and splash park (each a “Facility” and together the “Facilities”) must complete this Waiver of Liability and Release.
It is possible that you (or your child or legal ward) may be injured while participating in recreational activities including but not limited to swimming, exercising, running, and climbing (each a “Recreational Activity” and together the “Recreational Activities”) on or in or around the Facilities or other property owned by BCOB, either because of your (or your child’s or legal ward’s) own conduct, conduct of others, conduct of BCOB, or the condition of the Facilities. You (or your child or legal ward) may also be photographed while engaging in Recreational Activities on or in or around the Facilities or other property owned by BCOB and such photographs may be used by BCOB or by Brookfield Residential (Colorado), LLC (or both) in promotional materials.
BCOB wants to make sure you understand the potential risk of injury before you decide to participate in Recreational Activities on or in or around the Facilities. It is required that you read this Waiver of Liability and Release carefully and that you understand it. By signing below, you certify that, in advance of participation in any Recreational Activity, you have received any and all information you deem necessary or important in making an informed choice regarding your own or your child’s or legal ward’s participation in such Recreational Activity.
You recognize and acknowledge that participation in Recreational Activities, on or in or around the Facilities involves risk of serious injury and loss. Such loss and injury may include bodily injury, slipping and falling, cardiovascular stress, drowning, permanent disability or death, damage to personal property (including vehicles), exposure to inclement weather, allergic reactions, insect or animal bites, and severe social, emotional, and economic losses, which might result from your action, inaction, the negligence of others, the rules of play, or the condition of the Facilities or any equipment used thereon. Further, by signing below, you certify that you understand these are some but not all of the risks. There may be other risks and dangers, a complete listing of which is not possible and cannot be anticipated, and by signing below you are agreeing to assume all such risks and dangers, whether or not described here, and whether such risks and dangers are known or unknown, foreseeable or unforeseeable.
You further acknowledge that you are legally responsible for your actions, your child’s or legal ward’s actions (if applicable), and your guest’s actions (if applicable), including, but not limited to, any damage to private or public property or personal injury caused by such actions.
You agree to indemnify and hold harmless BCOB, its officers, employees, agents, consultants, and representatives (including Brookfield Residential (Colorado), LLC) from any claim, liability, damage, loss, or injury (including death) which may result from your participation, your child’s or legal ward’s participation, or your guest’s participation in any Recreational Activity on or in or around the Facilities. This release of liability and indemnity applies equally to losses, damages, or injuries caused or alleged to be caused in whole or in part by the negligence of BCOB. You further agree to release, waive, and discharge, and covenant not to sue BCOB, its officers, employees, agents, consultants, representatives, and contractors (including Brookfield Residential (Colorado), LLC), for any and all claims, demands, or causes of actions whatsoever arising out of any claim, liability, damage, loss, or injury (including death) incurred on or to you or your child or legal ward as a direct or indirect result of your participation (or your child’s or legal ward’s participation) in any Recreational Activity on property owned or operated by BCOB. This release of liability and indemnity applies to you, the undersigned, your child or legal ward, and your personal representatives, assigns, heirs, and next of kin.
By signing below, you agree that you have received sufficient information regarding the Recreational Activities to assess the potential degree of risk involved and the extent of possible injury, that you understand the activities and potential risks, that you have carefully read and fully understand the effect of relinquishing the rights that you hereby waive, and that you voluntarily sign this Waiver of Liability and Release.