Mountain Sky Ranch, LLC

Waiver of Liability, Assumption of Risk and Indemnity Agreement

For purposes of this agreement the term “Mountain Sky Ranch, LLC (MSR)” shall mean the entire ranch property including any and all facilities thereon (by way of example but without limitation, the Barns, Pond area and Quarry).

Waiver: I am voluntarily using MSR for dog training activities. In consideration of the opportunity to use  MSR, I , for myself, my heirs, personal representatives or assigns, agree to be solely responsible for and do hereby release, waive discharge and covenant not to sue Mountain Sky Ranch, LLC (the “Landlord”), its elected and appointed officials, and its employees, agents and representatives, for any and all claims resulting in personal injury, accidents or illnesses (including death) to myself or my animal/s or third parties or their animals which may in whole or in part be caused by my use of MSR, or which may result or arise in whole or in part from my use of MSR, whether caused by my negligence or otherwise.

Assumption of Risk: I understand and acknowledge that dog training may involve risk of physical injury to any individual undertaking such activities; and that a dog, and any other animal involved in such activities, irrespective of its/their training and usual past behavior and characteristics, may act or react unpredictably at times based upon instinct, fright or unfamiliar surroundings (for example by not as limitation, MSR or being around other animals) which, likewise, is an inherent risk. I hereby assert that my use of MSR is voluntary and that I knowingly assume all such risks.

Indemnification and Hold Harmless: I also agree to indemnify and hold harmless the Landlord, its elected and appointed officials, and its employees, agents and representatives, from any and all liability, claims, damages, demands, actions, causes of action, suits in equity of whatever kind or nature, loss, cost or expense, including but not limited to attorney’s fees which the Landlord, its elected or appointed officials, or its employees, agents or representatives may suffer as a result of any and all claims, demands, actions, costs or judgments made or brought against them by any person or entity, and which arise either in whole or in part out of my use of MSR.

Severability: I further expressly agree that the foregoing waiver, assumption of risk and obligation to indemnify is intended to be as broad and inclusive as is permitted by the law of the State of Colorado and that if any portion thereof is held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect.

Acknowledgement of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I understand and agree that this agreement will have the effect of releasing, discharging, waiving, and forever giving up my right to bring any and all lawsuits or other actions or demands against the Landlord and that I may have or have had, whether past or present, or future, whether known or unknown, whether anticipated or unanticipated by me. This waiver of liability, assumption of risk and indemnity agreement shall be binding upon me for all activities I engage in at MSR during 2020.

I also agree to immediately notify MSR staff if any injury or accident occurs while at the MSR.