1. Acknowledgment & Assumption of Risk
I acknowledge that my participation in events, activities, and experiences hosted, produced, or facilitated by NOVA LLC (the “Activities”) is entirely voluntary and may expose me to inherent risks including, but not limited to: physical or emotional injury, illness, disability, death, loss of personal property, exposure to communicable disease, or actions of others including negligence.
I hereby freely and expressly assume all such risks, whether foreseen or unforeseen, including those arising from negligence, omissions, or carelessness by NOVA LLC, its employees, vendors, affiliates, volunteers, contractors, or agents.
2. Certification of Health and Fitness
- I am physically and mentally capable of safely participating in the Activities.
- I have not been advised by any medical professional to avoid participation.
- I accept full responsibility for my decision to participate.
3. Release of Liability
I hereby fully and forever release, waive, discharge, and covenant not to sue NOVA LLC, its directors, officers, employees, volunteers, vendors, contractors, affiliates, and agents (collectively “Released Parties”) from any and all liability, including but not limited to death, injury, illness, theft, property damage, and negligence, arising from my participation in the Activities.
4. Indemnification
I agree to indemnify, defend, and hold harmless NOVA LLC and all Released Parties from any and all claims, damages, liabilities, expenses, or losses (including legal fees) arising from my participation in the Activities or any breach of this Agreement.
5. No Warranty
I understand that NOVA LLC makes no warranty or guarantee, express or implied, regarding the safety, condition, or suitability of the venue, equipment, or Activities. I accept all conditions “as-is.”
6. Medical Consent
In the event of an emergency, I authorize NOVA LLC and its representatives to obtain medical treatment for me if deemed necessary. I accept full responsibility for all associated medical expenses.
7. Communicable Disease Waiver
I understand the inherent risk of exposure to viruses, including but not limited to COVID-19, and I voluntarily assume that risk. I release NOVA LLC and all Released Parties from any liability resulting from exposure or illness.
8. Photography and Media Release
I authorize NOVA LLC and its affiliates to record and use my image, voice, and likeness in photographs, video, or media for promotional or commercial purposes without compensation or additional approval.
9. Force Majeure
NOVA LLC shall not be held liable for any delay, cancellation, or modification of the Activities due to causes beyond its control, including but not limited to acts of God, weather, power outages, pandemics, civil unrest, or governmental actions.
10. Dispute Resolution & Governing Law
I agree that any dispute arising from this Agreement shall be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitration will take place in Denver, Colorado, and be governed by the laws of the State of Colorado.
11. Legal Acknowledgment
- I have read, understood, and voluntarily agree to this entire Agreement.
- I am not under duress and have had the opportunity to consult legal counsel.
- I understand that this is a legally binding release of liability and contract.
12. Severability
If any portion of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.
