Mile High Game and Play LLC dba Vape and Play(Referred to herein as Vape and Play)Cannabis Consumption Warning, assumption of risk, release of liability and indemnification agreementPlease read carefully before signing, this is a release of liability and waiver of legal rights
1. Acknowledgment of Risks. By signing this document, I acknowledge that consumption of cannabishas risks including, but not limited to, altered senses, changes in mood, impaired body movement,difficulty with thinking and problem solving, impaired memory, hallucinations, delusions andpsychosis. Cannabis consumption can lead to breathing problems, increased heart rate, problems withchild development before and after pregnancy, and intense nausea and vomiting. Cannabis can lead to asubstance use disorder. Driving a vehicle, operating a non motorized vehicle (including bicycles orscooters) or operating heavy machinery after consumption of cannabis can lead to property damage,injury or death.
I am aware that I will be participating in an activity with serious risks of the above mentioned healthconditions and am voluntarily participating in this activity with knowledge of the risks involved andhereby agree to accept any and all risks of all, but not limited to, above mentioned health conditionsand all risks of injury, loss of any kind, or death.
2. Release Agreement. In consideration of being permitted to participate in this activity at Vape andPlay, I, for myself, my spouse, legal representatives, heirs,and assigns, hereby release, waive anddischarge Vape and Play, its officers, members, employees, directors, shareholders, the city of Denverand the manufacturers of Bad Penny Vaporizers, referred to as Releasees, from all liability to me, myspouse, legal representatives heirs and assigns, for any and all loss or damage, any claims or damagesresulting there from, on account of injury to my person or property, even injury resulting in my death,whether caused by the negligence of Releasees, or otherwise, while I am consuming cannabis,participating in any activity on the Vape and Play premises, traveling to my next destination orconducting business on the business premises of Releasees. I further release all officials, professionalpersonnel and Releasees described above from any claim whatsoever on account of first aid treatmentor service rendered me during participation in the activity.I agree as follows:1. To waive any and all claims that I have or may have now or in the future against the Releasees and torelease the Releasees from any and all liability for any loss, damage, expense or injury, including death,that I may suffer or that my next of kin may suffer, whether foreseen or unforeseen, as a result of myuse of the facilities and my participation in Vape and Play activities due to any cause whatsoever,including gross negligence, breach of contract, or breach of any statutory or other duty of care.2. To hold harmless and indemnify the Releasees from any and all liability for any property damage orpersonal injury to any third party resulting from my participating in cannabis consumption or any otheractivities at Vape and Play.3. The Release Agreement shall be effective and binding upon my heirs, next of kin, executors,administrators, assigns and representatives in the event of my death or incapacity.
The undersigned hereby irrevocably and unconditionally release, forever discharge and agree not tosue or bring any other legal action against the released parties with respect to any and all claims andcauses of action of any nature whether currently known or unknown, which the undersigned, or any ofthem, have or which could be asserted on behalf of the undersigned in connection with the participationin the activity, including, but not limited to claims of negligence, breach of warranty, and/or breach ofcontract.
I hereby personally assume risks of any nature for any injury, death, or any other damages to me, myproperty, or the property of others which I may in any way, whether foreseeable or not, known orunknown, arise out of my voluntary participation in this activity, even if arising from the negligence orlegal liability of Releasees.
3. Medical Disclosure and Care. Undersigned authorize the released parties and/or their authorizedpersonnel to call for medical care for participant or to transport participant to a medical facility orhospital if, in the opinion of such personnel, medical attention is needed. Undersigned agrees to pay allcosts associated with such medical care and related transportation.
I hereby state that I am in good physical and mental health and am able to withstand the physical andmental stresses inherent in the activities contemplated by this waiver and release
Should Releasees be required to incur any attorney’s fees and costs to enforce this release, I agree toindemnify and hold them harmless for all such fees and costs. I agree to indemnify Releasees for anyincurred loss, liability, damage or cost caused by me or my participation in this activity. Any disputeinvolving these matters shall be governed by the laws of Colorado with venue in Denver County,Colorado. I acknowledge this is a legally binding contract. If a court should decide that any clause orother portion of this contract is illegal or unenforceable, I agree that such a determination shall notaffect the validity and enforceability of the remaining provisions hereof, all of which shall remain infull force and effect. This release contains the entire agreement between the parties hereto and the termsof this release are contractual and not a mere recital.
I have carefully read the foregoing and know and understand the contents and sign as my own free act.I agree to the terms and conditions including Acknowledgment of Risks, Release Agreement andMedical Disclosure and Care.
I confirm that I have read, been fully informed, and understand this Agreement prior to signing it, and Iam aware that by signing this Agreement, I am waiving certain legal rights which I or my heirs, next ofkin, executors, administrators, assigns and representatives may have against the Releasees.
I affirmatively agreed to use electronic records for this transaction.(Click here for information on Uniform Electronic Transactions Act Disclosure and Consent Agreement.)
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Document Name: Liability Waiver
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