Spring is in the Colorado Air!
Waiver of Liability – Colorado Activities
Rock Chalk Jayhawk! As a graduate of the University of Kansas, I am once again excited to see the Jayhawks making a run at the NCAA basketball championship. Because of the need for one last weekend of Rocky Mountain skiing before the season ends, I will be cheering for the Jayhawks from the mountains of Colorado rather than in the great city of New Orleans. This is the time of year when many Coloradoans store away their winter gear in order to take advantage of all spring and summer have to offer. Many of these activities can be dangerous and require much care to participate safely. If you plan on enjoying activities such as whitewater rafting, mountain biking or alpine slides through a company that provides equipment and/or access to these events, you will very likely be required to sign a waiver of liability before you are allowed to participate.
Although thousands of Denver thrill seekers sign these waivers each year without a second thought, they are binding contracts and, with few exceptions, will likely be enforced by our Colorado courts. The vast majority of these waivers are drafted in a manner that attempts to insulate the host company from any and all harm caused to a thrill seeking participant for any and all reasons- including negligent or intentional acts of the Colorado company and/or its employees. Although there are really no good alternatives if you wish to participate in that specific thrill seeker activity (because the host company will require a signed waiver before you are allowed to partake) please take the time to read these waivers thoroughly and ask questions if you do not understand any of the provisions. More importantly, understand that your safety is YOUR responsibility. If something doesn’t seem quite right while participating in any activity, speak up and make sure that your concerns are addressed. Most of all, go out and enjoy all that Colorado and the Rocky Mountains have to offer during this wonderful time of the year – safely!
The Sawaya Law Firm is Denver’s personal injury law firm. With over 40 years of experience and a compassionate team prepared to listen to your story, The Sawaya Law Firm is here to help. Contact us anytime.