AGREEMENT TO PARK RULES I hereby agree to abide by all Park Rules as a condition of Membership. I understand that any violation of Park Rules by myself, family member, or guest entering via this membership, is grounds for termination of this membership with no refund. Rules are as follows:
Access - Holder of this membership is granted access beginning April 1, 2009 and ending Nov 30, 2009. Park hours are 5:00 AM to 11:00 PM.
Entrants - Membership grants access for specific persons listed on this application, and guests with paid 1-day pass. Guests must be accompanied at all times by registered member.
Accountability - All entrants will present both membership card and personal PHOTO I.D. upon request. Member agrees to never “loan” access card. Membership is non-transferrable to any other party.
Fishing- All Lakes and Streams are Catch and Release ONLY. All Lakes and Streams are fly's and lures, barbless hooks ONLY. No boats permitted on lakes. Waders and personal floats permitted.
Pets - Pets will be on leash at all times. Owner agrees to absolute responsibility and liability for all actions of pet.
Alcohol - In the interest of maintaining a family environment, this is a no-alcohol park. Member understands that any persons having public display of alcohol use or intoxication will be asked to leave. Repeat or vagrant offense will result in terminated membership.
Firearms - Firearms of any kind are strictly prohibited in the park.
Community - Member agrees to be courteous to other members, respect shelter reservations, deposit trash in provided receptacles, and respect all park property and personnel.
Rules Violation- If at any time Park Management deems member to be in violation of Park Rules, Member will leave premises, and card access code will be deleted from entry system.
Rainbow Falls Mountain Trout, Inc. (The “Company”) owns and operates a park in Douglas County, Colorado, leasing said property from Midwest Off Road Enthusiasts, Inc. and Leland and Ruth Johnson (“Land Owners”), on real property described as:
The Southeast one quarter of the Southwest one quarter and the West one half of the Northeast one quarter of the Southwest one quarter of Section 21; and one acre, more or less, comprising the so-called "Old Fish Hatchery", particularly described as follows: Starting at a point being the Northwest corner of the Northeast one quarter of the Northeast one quarter of the Northwest one quarter of Section 28, Township 10 South, Range 69 West; Thence South 208.9 feet; Thence East 208.9 feet; Thence North 208.9 feet to intersect section line between Sections 21 and 28; Thence West 208.9 feet to the point of beginning, all in Township 10 South, Range 69 West of the Sixth Principal Meridian, County of Douglas, State of Colorado; and the East one half of the Northwest one quarter of the Northwest one quarter of Section 21, Township 10, Range 69 West of the Sixth Principal Meridian, County of Douglas, State of Colorado (the “Property”).
The Company allows Members to use the Property to fish, run, hike, bicycle, camp, cross country ski, and engage in other outdoor activities (the “Activities”). In consideration of being permitted to use the Property and to engage in the Activities, and as a condition to membership, the individuals identified in this Membership Application who are over the age of 18 and the parent or legal guardian of each individual identified in this Membership Application who is under the age of 18 (all of which are referred to herein as the “Releasing Parties”), on behalf of themselves, their heirs, estate, guardians, conservators, wards, children, family members, assigns, and next of kin:
1. HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE the Company or any of its owners, officers, directors, shareholders, agents, employees, Land Owners, all heirs and assigns, and their lenders or insurance carriers (all of which are referred to herein as the “Released Parties,”) FROM ALL LIABILITY TO THE RELEASING PARTIES FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF A RELEASING PARTY ARISING OUT OF OR RELATED TO THE USE OF THE PROPERTY OR INVOLVEMENT IN THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
2. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Released Parties and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST they may incur arising out of or related to any Releasing Party’s use of the Property or involvement in the Activities, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.
3. HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the use of the Property or involvement in the Activities, whether caused by the NEGLIGENCE OF RELEASED PARTIES or otherwise.
4. HEREBY acknowledges that THE ACTIVITIES AND THE USE OF THE PROPERTY ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each Releasing Party also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASED PARTIES. Releasing Parties understand the risks and angers associated with using the Property and engaging in the Activities include, but are not limited to, changing weather conditions, water conditions, hidden obstacles, changing and unpredictable currents, drowning, exposure, falling, dehydration, altitude sickness, changing road or trail conditions, wild animals, and other similar risks. Recognizing those risks and dangers, Releasing Parties voluntarily choose to take part in the Activities and use the Property.
5. HEREBY agree that the terms hereof extend to all acts of negligence by the Released Parties, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of the State of Colorado and that if any portion hereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
BY CHECKING THE BOX BELOW AND IN CONSIDERATION OF BEING PERMITTED TO USE THE PROPERTY AND/OR TO ENGAGE IN THE ACTIVES, EACH RELEASING PARTY ACKNOWLEDGES AND REPRESENTS THAT THEY HAVE READ THESE PROVISIONS THOROUGHLY; FULLY UNDERSTAND THE TERMS HEREOF; HAVE FULL POWER AND AUTHORITY TO AGREE TO THESE PROVISIONS AS, OR ON BEHALF OF, THE RELEASING PARTIES; UNDERSTAND THAT THEY HAVE GIVEN UP SUBSTANTIAL RIGHTS BY DOING SO, AND HAVE DONE SO FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE, AND INTEND SUCH ACT OR ACTS TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. In Addition, I have read & understand all Park Rules listed and agree to abide by same as a condition of membership.
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Annual Rates- One time charge, renews in 12 months.
Monthly Pay Plan- Initial Fee, plus 7 monthly payments.
Automatically charged to credit card, billed on 10th of each month. NO payments billed during Park Closure months of December, January, February, March.
Check appropriate box for fee:
OR
** By purchasing this Membership, and selecting the Monthly Pay Plan, Member agrees that full membership benefits are considered received upon inception of Membership. If Membership is cancelled for any reason, the entire remaining balance due is considered as termination charge, and Member hereby authorizes unpaid balance to be charged to Member’s credit card.