3:1 Waiver

3:1 DEVELOPMENT

WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISK & INDEMNIFICATION AGREEMENT

I. PURPOSE AND CONSIDERATION

In consideration for being permitted to participate in activities, programs, events, outings, instruction, recreation, service projects, educational opportunities, transportation, and other programming offered, sponsored, organized, or facilitated by 3:1 Development (“3:1 Development”), I, on behalf of myself and, where applicable, the minor participant identified above, acknowledge and agree to the terms of this Waiver, Release of Liability, Assumption of Risk & Indemnification Agreement (“Agreement”).

The activities covered by this Agreement include, without limitation, sports practices and competitions, athletic training, hunting and hunter-safety activities, fishing, hiking, laser tag, paintball, team-building activities, career exploration, entrepreneurship activities, volunteer and service projects, study hall, tutoring, speech and debate, high-school test preparation, sports broadcasting, travel and transportation, and other educational, recreational, athletic, leadership, or enrichment activities selected based on participant interest or program objectives.

Collectively, these activities are referred to throughout this Agreement as the “Activities.”

I understand that participation in the Activities is voluntary and that being permitted to participate is valuable consideration for my agreement to the terms contained herein.

II. ACKNOWLEDGMENT AND ASSUMPTION OF RISK

I understand and acknowledge that participation in sports, athletic training, outdoor recreation, educational programming, transportation, and other Activities involves inherent risks of injury or illness.

Such risks may include, but are not limited to, sprains, strains, fractures, bruises, cuts, concussions, heat-related illness, dehydration, cold exposure, allergic reactions, illness, disability, paralysis, serious injury, or death.

I understand that the Activities may involve risks, hazards, and dangers that cannot be completely eliminated, particularly in wilderness, outdoor, recreational, athletic, educational, service, transportation, and group environments.

I understand that injuries or other losses may occur even when reasonable precautions, safety procedures, supervision, instruction, and appropriate equipment are provided.

I knowingly and voluntarily acknowledge and assume the risks associated with participation in the Activities.

III. RISKS, HAZARDS & DANGERS

The risks associated with the Activities include, but are not limited to:

1. Sports & Athletic Activities

Risks associated with athletic participation, including running, jumping, sprinting, cutting, throwing, catching, lifting, physical contact, collisions, falls, overexertion, equipment use, and the actions of other participants.

Potential injuries may include sprains, strains, fractures, dislocations, bruises, lacerations, concussions, heat-related illness, dehydration, or more serious injury, disability, paralysis, or death.

2. Hunting & Firearms

Risks associated with handling firearms, ammunition, hunting equipment, or being near individuals possessing or using firearms, including accidental discharge, firearm malfunction, improper handling, ricochet, projectiles, and firearm-related injury or death.

3. Noise & Hearing

Potential hearing damage or other injury resulting from firearms, equipment, explosions, or other loud noises.

4. Ammunition & Projectiles

Risks of injury resulting from ammunition, projectiles, firearms, paintballs, laser-tag equipment, or other activity-related objects.

5. Wilderness & Outdoor Environment

Walking or traveling through rugged, remote, or unfamiliar terrain, including encounters with wildlife, animals, insects, plants, vegetation, and other natural hazards.

6. Weather

Exposure to inclement or rapidly changing weather conditions, including extreme heat, cold, wind, rain, snow, lightning, and other environmental conditions.

7. Water-Related Activities

Risks associated with high or fast-moving water, deep water, uncertain bottoms, mud, ice, slippery surfaces, docks, shorelines, boats, watercraft, and drowning or other water-related injuries.

8. Structures & Property

Potential hazards associated with blinds, pits, structures, trails, facilities, property conditions, or other areas that may contain defects, unstable construction, hidden hazards, or other unsafe conditions.

9. Property Boundaries

Risks associated with unclear property boundaries, private property, public lands, and the responsibility to remain within authorized areas and avoid trespassing.

10. Physical Exertion & Medical Emergencies

Risks associated with physical stress, fatigue, overexertion, dehydration, heat illness, cold exposure, allergic reactions, illness, pre-existing medical conditions, and other medical emergencies.

11. Fishing

Risks associated with fishing hooks, lines, lures, knives, tackle, docks, shorelines, boats, watercraft, slippery surfaces, falls, drowning, and other water-related hazards.

12. Hiking & Outdoor Recreation

Risks associated with uneven or unstable terrain, loose rock, falling branches, cliffs, falls, altitude, limited visibility, weather, becoming lost, or becoming separated from the group.

13. Laser Tag & Paintball

Risks associated with projectiles, impact injuries, eye or ear injuries, running, collisions, falls, limited visibility, equipment malfunction, improper equipment use, and the actions of other participants.

14. Team-Building & Group Activities

Risks associated with running, jumping, climbing, lifting, carrying, physical contact, obstacles, falls, physical exertion, and the acts or omissions of other participants.

15. Transportation

Risks associated with transportation to or from Activities, including motor-vehicle accidents, traffic and roadside hazards, loading and unloading, parking areas, and transportation provided by staff, volunteers, parents/guardians, contractors, vendors, or other authorized third parties.

16. Volunteer & Service Projects

Risks associated with hand tools, equipment, lifting, construction, cleanup activities, debris, sharp objects, chemicals, allergens, infectious materials, unfamiliar work sites, and other service-related hazards.

17. Academic, Career & Enrichment Activities

Risks associated with career exploration, entrepreneurship, academic activities, tutoring, test preparation, speech and debate, sports broadcasting, media, technology, and other elective activities, including unfamiliar facilities, computers, audiovisual equipment, classroom materials, off-site programs, and demonstrations.

18. Equipment

Risks associated with rented, borrowed, provided, or personal equipment, including improper fit, defects, equipment failure, misuse, inadequate protective equipment, or failure to follow instructions.

19. Remote & Unfamiliar Locations

Risks associated with remote or unfamiliar locations, limited communications, delayed emergency response, difficult access, and delayed access to medical care.

20. Actions of Others

Risks arising from the negligent, reckless, intentional, or unintentional acts or omissions of participants, instructors, coaches, guides, volunteers, property owners, vendors, transportation providers, contractors, or other third parties.

21. Other Inherent or Incidental Risks

Any other risks inherent in or incidental to participation in the Activities, whether known or unknown, anticipated or unanticipated.

IV. HEALTH & SAFETY ACKNOWLEDGMENT

I represent that, to the best of my knowledge, the participant is physically and mentally capable of participating safely in the Activities for which they are enrolled.

I understand that certain Activities may require physical conditioning, coordination, maturity, skill, training, or knowledge.

I agree to notify 3:1 Development of any relevant medical, physical, behavioral, or other limitation that may affect the participant's ability to safely participate.

I agree to monitor the participant's health and understand that a participant who is sick, symptomatic, injured, or otherwise unable to safely participate should not attend Activities.

I understand that contagious illnesses may present risks to the participant and to other participants, staff, families, and community members. I agree to follow applicable 3:1 Development health and safety requirements regarding illness, symptoms, exposure, and return to activities.

3:1 Development may restrict or remove a participant from an Activity if, in its reasonable judgment, continued participation presents a safety concern.

V. SAFETY REQUIREMENTS

I agree that I and/or the participant will:

• Follow all safety rules, instructions, policies, procedures, boundaries, and directions provided by 3:1 Development staff, instructors, coaches, guides, or other authorized personnel.

• Use activity-appropriate protective equipment and safety gear.

• Wear protective clothing and activity-specific safety equipment, including eye, ear, head, or other protection when appropriate.

• Properly use and care for all equipment.

• Immediately report unsafe conditions, injuries, illness, equipment problems, or other safety concerns to appropriate 3:1 Development personnel.

• Refrain from participating in any Activity when ill, injured, impaired, or otherwise unable to participate safely.

VI. HUNTING & HUNTER-EDUCATION REQUIREMENTS

When participation involves hunting, firearms, or hunting-related Activities, I understand that additional laws, regulations, licensing requirements, safety standards, and program requirements may apply.

Participants must comply with all applicable federal, state, local, Colorado Parks and Wildlife, landowner, facility, and 3:1 Development requirements.

For Colorado hunting activities, applicable hunter-education requirements must be satisfied before participation in any activity requiring such certification or licensing.

Youth hunting may also be subject to additional age, licensing, hunter-education, and mentor requirements.

3:1 Development reserves the right to require proof of hunter education, licensing, certification, or other qualifications before permitting participation in hunting-related Activities.

VII. PARTICIPANT REPRESENTATIONS

I represent and acknowledge that:

1. I have disclosed information that I believe is reasonably necessary for 3:1 Development to understand the participant's ability to safely participate.
   
   

2. I believe the participant is physically and mentally capable of participating in the Activities for which they are enrolled.
   
   

3. I understand that certain Activities may require physical conditioning, coordination, maturity, skill, training, or knowledge.
   
   

4. I understand that participation may involve strenuous physical activity and unpredictable conditions.
   
   

5. I agree to inform 3:1 Development of any relevant medical, physical, behavioral, or other limitation that may affect safe participation.
   
   

6. I understand that 3:1 Development may restrict or remove a participant from an Activity if, in its reasonable judgment, continued participation presents a safety concern.
   
   

VIII. RELEASE & WAIVER OF LIABILITY

To the fullest extent permitted by applicable law, I, for myself and, where legally permitted, for my heirs, personal representatives, successors, assigns, and other persons claiming through me, hereby release and discharge 3:1 Development, together with its owners, officers, directors, employees, coaches, instructors, volunteers, agents, representatives, contractors, affiliated persons or entities, and program partners (collectively, the “Released Parties”) from claims, demands, causes of action, damages, liabilities, losses, costs, or expenses arising from or relating to my or the participant's participation in the Activities.

This release is intended to apply to claims arising from the risks and circumstances described in this Agreement, to the fullest extent permitted by applicable law.

Nothing in this Agreement is intended to waive or release any right, claim, or liability that cannot lawfully be waived or released under applicable law.

IX. INDEMNIFICATION

To the fullest extent permitted by applicable law, I agree to indemnify and hold harmless the Released Parties from claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising from claims brought by or through me or the participant relating to participation in the Activities, except to the extent such indemnification is prohibited by applicable law.

X. MEDICAL TREATMENT AUTHORIZATION

In the event of an emergency, I authorize 3:1 Development personnel, emergency responders, medical professionals, or other appropriate individuals to obtain or arrange reasonable emergency medical care for the participant when I cannot be reached promptly.

I understand that 3:1 Development does not provide health or accident insurance for participants unless expressly stated otherwise.

I understand that I remain responsible for applicable medical expenses, treatment costs, transportation costs, and other expenses associated with the participant's medical care.

Emergency Contact Name: 

_______________________________

Emergency Contact Phone:

_______________________________

Relationship to Participant: 

______________________________

XI. TRANSPORTATION ACKNOWLEDGMENT

I understand that transportation may be provided in connection with certain Activities.

Transportation may involve vehicles operated by 3:1 Development personnel, volunteers, parents/guardians, contractors, vendors, or other authorized third parties.

I acknowledge the risks associated with transportation and agree to comply with all transportation safety requirements, including seat-belt requirements and reasonable instructions provided by the driver or supervising adult.

XII. PROPERTY & PERSONAL BELONGINGS

I understand that participants may bring personal property to Activities and that 3:1 Development cannot guarantee the security of personal belongings.

To the fullest extent permitted by law, I accept responsibility for personal property brought to or used during Activities.

XIII. PHOTO & VIDEO RELEASE

Media Consent

I understand that photographs, video recordings, audio recordings, or other media may be captured during 3:1 Development activities.

I understand that these materials may be used for legitimate 3:1 Development promotional, educational, informational, marketing, website, social media, or organizational purposes.

I understand that I will not receive compensation for authorized use of such materials.

Media Permission

☐ YES, I grant permission for 3:1 Development to use photographs, videos, audio recordings, and/or other media containing the participant for the purposes described above.

☐ NO, I do not grant permission for such media use.

I understand that declining media consent will not, by itself, prevent participation in the program.

XIV. PARENT/GUARDIAN ACKNOWLEDGMENT FOR MINOR PARTICIPANTS

If the participant is under eighteen (18) years of age, I represent that I am the participant's parent or legal guardian and have authority to provide this consent.

I have carefully reviewed this Agreement with the participant, where appropriate, and believe that the participant understands the importance of following all safety rules and instructions.

I authorize the participant to participate in the Activities subject to the terms of this Agreement.

I understand that the participant's participation may involve significant risks and that I am voluntarily permitting participation with full knowledge of those risks.

XV. BINDING EFFECT

This Agreement shall be binding, to the fullest extent permitted by applicable law, upon the undersigned and the undersigned's heirs, personal representatives, successors, and assigns.

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law.

XVI. ELECTRONIC SIGNATURE & REGISTRATION ACKNOWLEDGMENT

The parties agree that an electronic signature, digital signature, checkbox acknowledgment, or other electronic acceptance captured through the official 3:1 Development registration or electronic-signature process may constitute the participant's and/or parent/guardian's official signature and consent to this Agreement, to the extent permitted by applicable law.

Registration for a 3:1 Development offering does not replace any signature requirement specifically presented during the enrollment process. Where 3:1 Development presents this Agreement for electronic signature, the parent/guardian must complete the designated signature and acknowledgment fields before participation is authorized.

By electronically signing or accepting this Agreement, I acknowledge that I have read, understood, and voluntarily agree to this Waiver, Release of Liability, Assumption of Risk & Indemnification Agreement and the applicable 3:1 Development Terms and Conditions.

XVII. ACKNOWLEDGMENT OF UNDERSTANDING

By signing below, I acknowledge that:

• I have carefully read this entire Agreement.

• I have had the opportunity to ask questions regarding its contents.

• I understand the nature of the Activities and the risks associated with participation.

• I understand that participation is voluntary.

• I understand that this Agreement contains assumption-of-risk, release, waiver, and indemnification provisions.

• I understand that I should seek independent legal advice before signing if I have questions regarding my rights or obligations.

• I understand that this Agreement is intended to apply to the Activities described above and related 3:1 Development programming.

• I voluntarily agree to the terms of this Agreement.

XVIII. SIGNATURES

PARTICIPANT

Participant Name: 

______________________________

Electronic Signature: 

_______________________________

Date: ______________________

PARENT/GUARDIAN

Parent/Guardian Name: 

_______________________________

Signature: 

_______________________________

Date: ______________________

3:1 DEVELOPMENT REPRESENTATIVE

Name: 

_______________________________

Signature: 

_______________________________

Date: ______________________