RECREATIONAL LICENSE AND
ACKNOWLEDGMENT AND ASSUMPTION OF RISK, RELEASE
OF LIABILITY & INDEMNIFICATION AGREEMENT
This Recreational License and Acknowledgment and Assumption of Risk, Release of Liability & Indemnification Agreement (“Agreement”) is made and entered into between Nutrient Farm LLC (“Nutrient Farm”) and (“Licensee”).
1. Definitions. “Licensee” means the Licensee identified above. “Released Parties or Released Party” mean APB Holdings LLC (the owner of the property known as ‘Nutrient Farm’ (the “Property”)), Nutrient Holdings LLC (the future owner of the Property), Nutrient Farm (the lessee of the Property), and their representatives, agents, successors, assigns, insurance carriers, members, managers, employees, volunteers, and contractors.
2. Grant of Non-Exclusive, Revocable License; As-Is Condition of Property; Disclaimers of Warranty; No Assignment; License Fee. Nutrient Farm grants a non-exclusive and revocable license (“License”) to Licensee to use the trails at the Property shown on the Nutrient Farm Recreational Trails Map (the “Map”) locate d at www.nutrientfarm.com/rectrails (the “Access Trails”) for the calendar year in which the License was issued. Licensee is permitted to use the River Trail (shown in red) only for non-motorized, pedestrian access through the Property to the Colorado River for recreational water use, including fishing. Licensee is permitted to use the BLM Trail (shown in yellow) only for non-motorized access through the Property to the BLM property shown on the Map, for legal and permitted uses of the BLM property. Licensee is NOT permitted any motorized use of the BLM Trail. The BLM Trail gate must remain closed at all times. The Access Trails are absolutely limited to the trails shown on the Map. Licensee shall not enter or access any area of the Property except the Access Trails. Licensee also agrees not to enter any area posted with a closed or ‘No Trespassing’ sign, including any temporarily closed Access Trail. The Access Trails are limited to daytime use only, which is defined as sunup to sundown. The Access Trails may not be used overnight for any purposes including camping or storage or parking of any vehicle or equipment. Licensee accepts the Access Trails in their current condition, AS-IS, with all faults, and acknowledges that Licensee is relying solely upon his or her own judgment as to the condition of the Access Trails and their suitability for Licensee’s intended use. Nutrient Farm may use the Access Trails for any purpose, and permit use of the Access Trails by other parties including other licensees. Nutrient Farm may revoke this License to all or any part of the Access Trails at any time, without liability to Licensee. The Released Parties have not made and do not hereby make any representations or warranties to Licensee that the Access Trails are suitable or adequate in any respect for any Licensee’s intended activities or uses. All express and implied warranties of the Released Parties are hereby disclaimed. Licensee shall pay a License Fee to Nutrient Farm, in exchange for this License. The License Fee will help cover Nutrient Farm’s costs for maintaining and/or improving the Access Trails as it deems appropriate. Licensee agrees and understands that this Agreement and the License apply only to Licensee, and may not be used by any other family, friends or acquaintances of Licensee, or given or assigned by Licensee to any individual not named above. LICENSEE IS REQUIRED TO CARRY LICENSE AT ALL TIMES WHILE ON THE PROPERTY AS PROOF OF THIS LICENSE.
3. Risks of Use of the Access Trails. The Risks of use of the Access Trails include, but are not limited to: other users, trees, rocks, holes, bodies of water and other obstacles, exposure to outdoor elements, narrow or non-existent trails, rough, exposed, unstable, steep or slippery terrain, high-altitude illness, dehydration, lightning, cold weather, wild or poisonous animals, cattle, goats, insects and plants, dangerous river or water crossings, fires or floods, other forces of nature, equipment malfunctions or failure, and remoteness from medical facilities or rescue. This list does not contain all risks.
4. Access Trail Rules. Licensee shall not disturb land or remove vegetation from the Property, deposit litter or personal property of any kind at the Property, damage or tamper with any signs on the Property, or alter or damage the Access Trails or the Property in any way. Licensee shall not permit any unreasonably unsafe conditions to exist on the Access Trails at any time, shall not cause or permit any nuisance on the Access Trails, and shall not permit the use of alcohol or illegal drugs or the conduct of any illegal or illicit activity on the Access Trails. Licensee shall not make alterations to or construct improvements on the Access Trails. Licensee shall not permit any hazardous materials or substances regulated under any environmental law, ordinance, regulation or ruling to be stored or released on the Access Trails.
5. Acknowledgement, Release, Indemnification, and Assumption of Risk. In consideration of Licensee being permitted to use the Access Trails, Licensee agrees as follows:
a. Acknowledgement and Release. Licensee IRREVOCABLY AND UNCONDITIONALLY UNDERSTANDS AND ACKNOWLEDGES THE ABOVE RISKS, AND AGREES AND UNDERSTANDS that the use of the Access Trails by Licensee may be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. Licensee acknowledges and understands that the description of the risks listed above is not complete and that use of the Access Trails may include other risks, INCLUDING RISKS AND DANGERS ABOVE AND BEYOND THE INHERENT DANGERS AND RISKS OF USING THE ACCESS TRAILS. LICENSEE HEREBY EXPRESSLY RELEASES, FOREVER DISCHARGES, AND AGREES NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which Licensee has or which could be asserted on behalf of Licensee in connection with Licensee’s use of the Access Trails, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract. By signing below, Licensee ACKNOWLEDGES AND ACCEPTS responsibility for this and other health related risks, including, without limitation, the West Nile Virus, Lyme Disease, and Rocky Mountain Spotted Fever.
b. Indemnification. Licensee hereby AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL LIABILITY, COST, EXPENSES OR DAMAGE for bodily injury including death, property damage, or any liability of any kind or nature and from any suits, claims or demands including legal fees and costs, whether or not litigation is instituted, arising out of or related to Licensee’s use of the Access Trails. Such obligation on the part of Licensee shall survive the time of Licensee’s use of the Access Trails.
c. Assumption of Risk. Licensee agrees and understands that there are dangers and risks associated with the use of the Access Trails and that INJURIES AND/OR DEATH may result from the use of the Access Trails, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties and other licensees. By signing this document, Licensee recognizes that property loss, injury and death are all possible while using the Access Trails. RECOGNIZING THE RISKS AND DANGERS, LICENSEE UNDERSTANDS THE NATURE OF THE USE OF THE ACCESS TRAILS AND VOLUNTARILY CHOOSES TO USE THE ACCESS TRAILS, AND THEREFORE EXPRESSLY ASSUMES ALL RISKS AND DANGERS OF THIS USE, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
6. Miscellaneous. This Agreement may not be recorded in the real property records of Garfield County, Colorado, and this Agreement and the License shall automatically terminate upon any recording. Licensee agrees and understands: (a) Licensee will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Colorado, and the exclusive jurisdiction for any claim shall be the District Court of Garfield County, Colorado; (c) this Agreement constitutes the entire agreement between the parties to this Agreement and replaces any and all previous contracts, arrangements, communications, or representations, whether verbal or written, between the parties relating to the subject matter of this Agreement; and (d) Licensee understands and acknowledges that this Agreement is a contract and is binding to the fullest extent allowed by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties.
7. By agreeing to the Recreational License and Acknowledgment and Assumption of Risk, Release of Liability & Indemnification Agreement, I fully acknowledge and agree that I am signing this Agreement electronically and in so doing, I agree to all terms contained herein and consent to be fully and legally bound by its terms and conditions.
I, LICENSEE, HAVE CAREFULLY READ THE FOREGOING RECREATIONAL LICENSE AND ACKNOWLEDGMENT AND ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT, ACKNOWLEDGE AND UNDERSTAND ITS CONTENTS, AND SIGN IT VOLUNTARILY. I AM AWARE AND AGREE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST. I, LICENSEE, HAVE ALSO CAREFULLY REVIEWED THE NUTRIENT FARM RECREATIONAL TRAILS MAP LOCATED AT www.nutrientfarm.com/recreationtrails , AND ACKNOWLEDGE AND UNDERSTAND ITS CONTENTS INCLUDING THE EXACT LOCATION OF THE RIVER TRAIL AND THE BLM TRAIL.