CONTRACT AND RELEASE

Please read this Contract and Release carefully It limits your legal rights

This Contract and Release is entered into by and between Elevate Ski & Bike Rentals (R&R Sports – Crested Butte, LLC) , the adult whose name and signature appear below, and the participants whose names appear below (together, said adults and minors are the “participants”). It is hereby agreed as follows

RELEASE

In consideration of being permitted to rent and operate the Equipment, the use of which is hereby acknowledged to be an inherently dangerous and risky activity, each adult Participant, on his own behalf, on behalf of all accompanied minors and with respect to whom said adult Participant is the legal guardian (the “Minors”), and on behalf of his/her spouse, and the legal representatives, heirs, and assigns, of him/herself and on the Minors (each of the foregoing is a “Releasor”), does hereby release, waive, and discharge all claims which may arise against Elevate Ski & Bike Rentals, and their officers, directors, managers, shareholders, owners, employees, and agents and the successors, assigns, and heirs of each of the foregoing, (each of the foregoing is a “ Releasee”) in connection with the use of the Equipment (collectively, the “Released Claims”), and does hereby covenant not to sue the Releasees, for the Released Claims, whether arising out of the negligence of the Releasees or otherwise. Releasors agree to indemnify and hold harmless Releasees from any claim, liability, loss, damage, or cost, including attorneys’ fees, which Releasees, or any of them, may incur directly or indirectly in connection with Releasors’ participation in the Activity or Releasor’s assertion of a Released Claim, including, without limitation, misrepresentations in connection with the rental of the Equipment and execution of this Contract and Release, whether in an individual capacity, as guardian of a Minor, or otherwise. Releasors acknowledge and assume the risks of using the Equipment, including the risk of serious bodily injury to self and others, death, and property damage, and assume full responsibility for these risks, whether due to the negligence of the Releasees. Or otherwise, while using the Equipment. The risks inherent to the use of the Equipment include, without limitation, the hazards posed by slips, falls, collisions, and drowning, due to caused including equipment failure, rough or broken pavement, negligent or unlawful conduct of the Participant and/or other individuals, collisions with natural or manmade objects or other individuals, adverse weather conditions, proximity to water which m ay be unpatrolled by lifeguards, and encounters with animals. Releasors agree that this Release is governed by, and intended to be as broad and inclusive as permitted by, the laws of the State of Colorado (without reference to the principles of conflicts of law thereof) and that should any term of the Release be held invalid by a court of competent jurisdiction, the remaining provisions shall remain effective.

REPRESENTATIONS AND SIGNATURES

Each Participant freely and voluntarily assumes the risks of using the Equipment. Each Participant acknowledges that he/she has executed the Contract and Release in order to use the Equipment. For each Participant, the adult Participant signing on his/her behalf represents and warrants to Elevate Ski & Bike Rentals,  that he /she is the legal guardian of that minor and possesses full legal authority to release and waive claims, and to covenant not to sue, on hat minor’s behalf. The undersigned has read the Contract and Release in its entirety. Elevate Ski & Bike Rentals recommends that all Participants wear a helmet and other safety gear and seek instruct ion from Elevate Ski & Bike Rentals,  staff in the safe operation of the rented equipment. Elevate Ski & Bike Rentals requires Participants under 18 years of age to wear a helmet! Helmet and safety gear are provided free to all Participants

EQUIPMENT RENTAL

Elevate Ski & Bike Rentals  hereby rents to participants, and participants hereby rent from Elevate Ski & Bike Rentals, the equipment described in the Open Receipt issued in connection herewith and incorporated herein by reference (the “receipt”), for the period and the fees specified therein, subject to the terms of this Contract and Release. All rentals are for a one (1) hour minimum, and prorated for each additional fifteen (15) minute period or portion thereof. Daily rentals are due back the same day by closing time. No refunds will be issued for equipment that was returned prior to the due back date and due back time. Participants assume full responsibility for the bicycles, quad cycles, and any other equipment rented (collectively, the “Equipment”) and agree to compensate Elevate Ski & Bike Rentals for damages caused to the Equipment, excluding normal wear and tear (“Damages”), and for theft, during the rental period and for such time thereafter until the Equipment is returned to Elevate Ski & Bike Rentals. I, the Participants understand and agree that I am responsible for any costs associated with unpaid rental fees, damage and/or theft to the rental equipment and I authorize Elevate Ski & Bike Rentals to charge my credit card, which I provided for deposit, in an amount not to exceed $4500 per bicycle.

I have read and understand the above Release and Equipment Rental Rules and Conditions

Signature:__________________________________            Date:_________________________