DENVER CONTACT JAM

Waiver and Release of Liability

Denver Contact Jam, a program of Wiggelruhm. Participant Waiver, Release of Liability, Assumption of Risk, and Media Release. Version 1.0.

DRAFT, pending legal review. Not yet in effect. Bracketed items are still to be decided.

PLEASE READ CAREFULLY. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE.

1. Definitions

“Released Parties” means Wiggelruhm and its program Denver Contact Jam, and each of their respective owners, members, organizers, facilitators, instructors, volunteers, agents, successors and assigns [, and the owner and lessor of any venue at which the Activities take place].

“Activities” means participation in contact improvisation jams, classes, workshops and related events organized by or held under the name of Denver Contact Jam, including arrival at, presence on, use of and departure from the premises where they are held.

“Participant” means the person accepting this Agreement.

2. Eligibility

The Activities are open only to persons eighteen (18) years of age or older. Participant represents and warrants that Participant is at least eighteen (18) years of age. Denver Contact Jam reserves the right to request proof of age and to refuse participation to any person who cannot provide it.

3. Voluntary Participation

Participant’s participation in the Activities is entirely voluntary. Participant may decline to take part in, or may stop, any Activity at any time.

4. Nature of the Activities and Inherent Risks

Participant understands that contact improvisation is a physical movement practice involving sustained physical contact with other participants. It includes, without limitation, weight sharing, lifting and being lifted, leaning, rolling, falling, momentum-based movement and floor work. Participant acknowledges that the Activities carry inherent risks that cannot be eliminated, including but not limited to:

  • sprains, strains, dislocations, fractures, concussions and other head, neck, back and spinal injuries;
  • bruises, abrasions, friction burns and splinters;
  • collisions with other participants, walls, objects or the floor;
  • injury caused by the actions, inaction or misjudgment of other participants;
  • aggravation of pre-existing medical conditions, exhaustion, dehydration and cardiac events;
  • exposure to communicable illnesses through close physical contact;
  • emotional or psychological discomfort arising from physical contact or proximity; and
  • hazards arising from the condition of the premises.

Such injuries may be serious and, in rare cases, may result in permanent disability or death.

5. Assumption of Risk

PARTICIPANT KNOWINGLY AND VOLUNTARILY ASSUMES ALL RISKS OF THE ACTIVITIES, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERS, AND ASSUMES FULL RESPONSIBILITY FOR PARTICIPANT’S PARTICIPATION.

6. Participant Responsibilities

Participant agrees to:

  • participate only within the limits of Participant’s own ability, fitness and experience;
  • communicate boundaries and limitations to other participants, and respect those of others;
  • stop or decline any movement or contact that feels unsafe;
  • read and abide by the Denver Contact Jam Community Agreements; and
  • not participate while impaired by alcohol, cannabis or any other substance that affects judgment or coordination.

7. Health and Medical Treatment

Participant represents that Participant is in suitable physical condition to take part in the Activities and has no medical condition that would make participation unsafe, or has consulted a physician about any such condition. Participant understands that the Released Parties do not provide medical personnel at the Activities. Participant consents to first aid and emergency medical treatment, including transport to a medical facility, that the Released Parties consider necessary. Participant accepts responsibility for all resulting costs.

8. Release and Waiver of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PARTICIPANT, ON BEHALF OF PARTICIPANT AND PARTICIPANT’S HEIRS, PERSONAL REPRESENTATIVES AND ASSIGNS, HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE THE RELEASED PARTIES FROM AND FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES AND LIABILITIES ARISING OUT OF OR RELATED TO THE ACTIVITIES, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES. This release does not apply to claims arising from the gross negligence or willful and wanton conduct of a Released Party.

9. Indemnification

Participant agrees to indemnify, defend and hold harmless the Released Parties from any loss, liability, damage or cost, including reasonable attorneys’ fees, that they may incur arising from Participant’s participation in the Activities or Participant’s breach of this Agreement, to the fullest extent permitted by law.

10. Photography and Video Release

Participant understands that photographs and video recordings may occasionally be made during the Activities. Participant grants Wiggelruhm and Denver Contact Jam the irrevocable, royalty-free right to use Participant’s image, likeness and voice, as captured during the Activities, in any medium for the purposes of promoting, documenting and reporting on the Activities, without compensation or further approval. A Participant who does not wish to be photographed or recorded may opt out by notifying an organizer at the start of the event [, and the Released Parties will make reasonable efforts to honor that request].

11. Governing Law and Venue

This Agreement is governed by the laws of the State of Colorado. Any action arising from it shall be brought only in the state or federal courts located in [the City and County of Denver], Colorado.

12. Severability

This Agreement is intended to be as broad and inclusive as permitted by Colorado law. If any provision is held invalid, the remaining provisions shall continue in full force and effect.

13. Term

This Agreement applies to the Participant’s participation in all Activities, on every occasion, from the date of acceptance until it is superseded by a revised version that the Participant accepts.

14. Electronic Acceptance

Participant agrees that checking the waiver acceptance box at sign-in constitutes Participant’s electronic signature and has the same legal effect as a handwritten signature. Denver Contact Jam records the date, time and version of this Agreement accepted at each sign-in.

15. Acknowledgment

BY ACCEPTING THIS AGREEMENT, PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT HAS READ AND UNDERSTANDS IT, IS AT LEAST EIGHTEEN (18) YEARS OF AGE, IS GIVING UP SUBSTANTIAL LEGAL RIGHTS, AND ACCEPTS IT FREELY AND VOLUNTARILY.