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Waiver
Breckenridge Oktoberfest Sept 25-27, 2026
PARTICIPATION AGREEMENT & WAIVER AND RELEASE OF LIABILITY (“Agreement”)
The undersigned (“Releasor”), in consideration of being permitted by the Breckenridge Tourism Office and the Town of Breckenridge (“Hosts”) to enter the areas to which access by general spectators is prohibited for any purpose (the “Restricted Areas”), and/or being permitted to volunteer, work for, or participate in any way in the Breckenridge Oktoberfest (the “Event”), acknowledges, agrees and represents as follows:
1. Participation in the Event may involve risk of serious injury or death, economic loss, property damage or other losses resulting from Releasor’s own actions, inactions or negligence, or from the actions, inactions or negligence of the Hosts or others and/or the condition of the locations of the Event, including but not limited to the high alpine environment and variable weather conditions existing in Summit County, Colorado. RELEASOR UNDERSTANDS THAT THE DESCRIPTION OF THE RISKS IN THIS AGREEMENT IS NOT COMPLETE AND RELEASOR VOLUNTARILY CHOOSES TO PARTICIPATE IN THE EVENT AND EXPRESSLY ASSUMES ALL RISKS AND DANGERS OF PARICIPATION IN THE EVENT AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM, WHETHER OR NOT DESCRIBED HERE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
2. Releasor will immediately upon entering the Event premises and any Restricted Areas, and will continuously thereafter, inspect such areas and all portions thereof which Releasor enters and with which Releasor comes in contact. Releasor does further warrant that Releasor’s entry into the Event premises and Restricted Areas and Releasor’s participation in the Event constitutes acknowledgement that Releasor has inspected such areas and that Releasor finds and accepts the same as being safe and reasonably suited for the purposes of Releasor’s use. Releasor agrees and warrants that if, at any time, Releasor is in or about the Event premises or the Restricted Areas and Releasor reasonably believes the conditions therein to be unsafe, Releasor will immediately exit such unsafe area and advise the Hosts of such conditions. Releasor shall not allow or permit entry by any member of the public into the Restricted Areas and upon any such entry, Releasor shall immediately request such persons to exit the Restricted Areas and advise the Hosts of such entry.
3. Releasor has no illness that precludes Releasor’s participation in the Event in a safe manner, and Releasor agrees to refrain from the use of drugs or alcohol while within the Restricted Areas and/or while volunteering, working for, or participating in the Event on behalf of the Hosts. The Hosts reserve the right to deny participation in the Event to any individual it, in good faith, concludes is to any degree under the influence of alcohol or drugs. Releasor is responsible for monitoring their own condition throughout the Event to ensure that they are sufficiently sound to continue to safely participate in the Event. Releasor hereby consents to receive medical treatment which may be deemed reasonably advisable in the event of injury, accident, and/or illness during the Event.
4. At all times while Releasor is participating in the Event on behalf of the Hosts, Releasor shall maintain professionalism, respect, and adherence to the Hosts’ policies and procedures and shall comply with applicable federal, state, and local laws. Releasor shall refrain from any and all behavior that could negatively impact the Hosts’ reputation.
5. If Releasor’s participation in the Event involves handling funds, donations, payments or organizational assets, Releasor holds a fiduciary relationship with the Hosts. Releasor agrees to act with the highest degree of good faith, care, and loyalty, prioritizing the Hosts’ interests above all others in financial matters. Releasor shall not, under any circumstances, commingle organizational funds with personal funds. All cash, checks, and digital payments collected on behalf of the Hosts must be kept secure, intact, and remitted to the Hosts or the Hosts’ designee following receipt.
6. If Releasor’s participation in the Event involves the sale or distribution of alcohol, Releasor warrants and agrees that Releasor will not serve alcohol to anyone under 21 years of age or to anyone who Releasor reasonably believes to be overly intoxicated.
7. Releasor HEREBY COVENANTS NOT TO BRING SUIT AGAINST the Hosts, the promoters, other participants, volunteers, operators, officials, sponsors, advertisers, owners and lessees of the premises used to conduct the Event and each of them, their agents, officers and employees (“Releasees”) and HEREBY RELEASES, WAIVES AND DISCHARGES the Releasees from any and all liability of Releasor, or their personal representatives, assigns, heirs, and next of kin for any and all damage, and any claim or demands therefor on account of injury to the person or property or resulting in death, whether caused by the negligence of the Releasees or otherwise while the Releasor is in or upon the Restricted Areas, and/or volunteering or working for, or for any purpose participating the Event.
8. Releasor HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence, actions or inactions of Releasees while in or upon the Restricted Areas and/or while volunteering, working, or otherwise participating in the Event.
9. The Releasor, their personal and legal representatives, heirs, successors and next of kin shall forever release, waive, discharge, relinquish and indemnify the Releasees from any and all actions, causes of action, claims, charges, demands, losses, damages, costs, attorney's fees, judgments, liens, indebtedness and liabilities of every kind and character, whether known or unknown, including foreseen or unforeseen bodily injury and personal injuries and property damage that may be sustained by Releasor or any other person in any way connected to, related to, or arising out of Releasor’s participation in the Event, and in the event the Releasor breaches any representations or warranties under this Agreement.
10. Releasor understands that at this Event or related activities, Releasor may be photographed or videoed. Releasor grants the Event holders, producers, sponsors and organizers perpetual and non-revocable permission to use Releasor’s name, photographs and video in which Releasor’s image and likeness appears in connection with Releasor’s participation in the Event and further grants the Hosts permission to display, publish, distribute, use, print and reprint such images and likeness, and the right to employ such images or likeness in advertising and promotions relating thereto, including any advertisements or media and electronic displays and transmissions thereof. Releasor hereby waives any right to inspect or approve any photograph or digital image of Releasor that may be used by Hosts pursuant to this Agreement now or in the future, and Releasor further waives any right to compensation from Hosts in connection with the Host’s use of any photograph or digital image of Releasor pursuant to this Agreement.
11. Releasor, at their sole cost and expense shall obtain and maintain insurance sufficient to provide coverage to Releasor for all representations, warranties, releases and indemnities under this Agreement, including but not limited to medical and general liability insurance.
12. Nothing contained in this Agreement will be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between Releasor and the Hosts, and the Releasor is not entitled to any employment benefits, including worker’s compensation benefits, from the Hosts.
13. This Agreement will apply for each and every day Releasor engages in the Event during the applicable operating season. The benefits of the representations, warranties, releases and indemnities contained in this Agreement shall survive completion of the Event.
14. All provisions of this Agreement shall apply to and be binding upon all officers, employees, agents, successors in interest, assigns or representatives of the parties hereto.
15. No party’s delay, omission or failure to enforce any right with respect to this Agreement will amount to such party’s waiver of such right, or be considered a waiver of any similar right or other provision.
16. The Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. If any part of this Agreement is held unenforceable or in conflict with the law of any jurisdiction, this will not affect the validity of the remaining parts of this Agreement.
17. The laws of the State of Colorado govern the interpretation, validity, performance and enforcement of this Agreement. Any litigation brought to construe or enforce this Agreement shall be commenced in Summit County, Colorado.
THE UNDERSIGNED RELEASOR HAS READ AND VOLUNTARILY SIGNS THE AGREEMENT WITH FULL AUTHORITY AND CAPACITY, and further agrees that no oral representations, statements or inducement apart from the foregoing written agreement have been made. Releasor is aware that they have given up substantial rights by signing the Agreement. Releasor has no obligation to participate in the Event or sign this Agreement, but desires to do so voluntarily.
Breckenridge Oktoberfest Sept 25-27, 2026
PARTICIPATION AGREEMENT & WAIVER AND RELEASE OF LIABILITY (“Agreement”)
The undersigned (“Releasor”), in consideration of being permitted by the Breckenridge Tourism Office and the Town of Breckenridge (“Hosts”) to enter the areas to which access by general spectators is prohibited for any purpose (the “Restricted Areas”), and/or being permitted to volunteer, work for, or participate in any way in the Breckenridge Oktoberfest (the “Event”), acknowledges, agrees and represents as follows:
1. Participation in the Event may involve risk of serious injury or death, economic loss, property damage or other losses resulting from Releasor’s own actions, inactions or negligence, or from the actions, inactions or negligence of the Hosts or others and/or the condition of the locations of the Event, including but not limited to the high alpine environment and variable weather conditions existing in Summit County, Colorado. RELEASOR UNDERSTANDS THAT THE DESCRIPTION OF THE RISKS IN THIS AGREEMENT IS NOT COMPLETE AND RELEASOR VOLUNTARILY CHOOSES TO PARTICIPATE IN THE EVENT AND EXPRESSLY ASSUMES ALL RISKS AND DANGERS OF PARICIPATION IN THE EVENT AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM, WHETHER OR NOT DESCRIBED HERE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
2. Releasor will immediately upon entering the Event premises and any Restricted Areas, and will continuously thereafter, inspect such areas and all portions thereof which Releasor enters and with which Releasor comes in contact. Releasor does further warrant that Releasor’s entry into the Event premises and Restricted Areas and Releasor’s participation in the Event constitutes acknowledgement that Releasor has inspected such areas and that Releasor finds and accepts the same as being safe and reasonably suited for the purposes of Releasor’s use. Releasor agrees and warrants that if, at any time, Releasor is in or about the Event premises or the Restricted Areas and Releasor reasonably believes the conditions therein to be unsafe, Releasor will immediately exit such unsafe area and advise the Hosts of such conditions. Releasor shall not allow or permit entry by any member of the public into the Restricted Areas and upon any such entry, Releasor shall immediately request such persons to exit the Restricted Areas and advise the Hosts of such entry.
3. Releasor has no illness that precludes Releasor’s participation in the Event in a safe manner, and Releasor agrees to refrain from the use of drugs or alcohol while within the Restricted Areas and/or while volunteering, working for, or participating in the Event on behalf of the Hosts. The Hosts reserve the right to deny participation in the Event to any individual it, in good faith, concludes is to any degree under the influence of alcohol or drugs. Releasor is responsible for monitoring their own condition throughout the Event to ensure that they are sufficiently sound to continue to safely participate in the Event. Releasor hereby consents to receive medical treatment which may be deemed reasonably advisable in the event of injury, accident, and/or illness during the Event.
4. At all times while Releasor is participating in the Event on behalf of the Hosts, Releasor shall maintain professionalism, respect, and adherence to the Hosts’ policies and procedures and shall comply with applicable federal, state, and local laws. Releasor shall refrain from any and all behavior that could negatively impact the Hosts’ reputation.
5. If Releasor’s participation in the Event involves handling funds, donations, payments or organizational assets, Releasor holds a fiduciary relationship with the Hosts. Releasor agrees to act with the highest degree of good faith, care, and loyalty, prioritizing the Hosts’ interests above all others in financial matters. Releasor shall not, under any circumstances, commingle organizational funds with personal funds. All cash, checks, and digital payments collected on behalf of the Hosts must be kept secure, intact, and remitted to the Hosts or the Hosts’ designee following receipt.
6. If Releasor’s participation in the Event involves the sale or distribution of alcohol, Releasor warrants and agrees that Releasor will not serve alcohol to anyone under 21 years of age or to anyone who Releasor reasonably believes to be overly intoxicated.
7. Releasor HEREBY COVENANTS NOT TO BRING SUIT AGAINST the Hosts, the promoters, other participants, volunteers, operators, officials, sponsors, advertisers, owners and lessees of the premises used to conduct the Event and each of them, their agents, officers and employees (“Releasees”) and HEREBY RELEASES, WAIVES AND DISCHARGES the Releasees from any and all liability of Releasor, or their personal representatives, assigns, heirs, and next of kin for any and all damage, and any claim or demands therefor on account of injury to the person or property or resulting in death, whether caused by the negligence of the Releasees or otherwise while the Releasor is in or upon the Restricted Areas, and/or volunteering or working for, or for any purpose participating the Event.
8. Releasor HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the negligence, actions or inactions of Releasees while in or upon the Restricted Areas and/or while volunteering, working, or otherwise participating in the Event.
9. The Releasor, their personal and legal representatives, heirs, successors and next of kin shall forever release, waive, discharge, relinquish and indemnify the Releasees from any and all actions, causes of action, claims, charges, demands, losses, damages, costs, attorney's fees, judgments, liens, indebtedness and liabilities of every kind and character, whether known or unknown, including foreseen or unforeseen bodily injury and personal injuries and property damage that may be sustained by Releasor or any other person in any way connected to, related to, or arising out of Releasor’s participation in the Event, and in the event the Releasor breaches any representations or warranties under this Agreement.
10. Releasor understands that at this Event or related activities, Releasor may be photographed or videoed. Releasor grants the Event holders, producers, sponsors and organizers perpetual and non-revocable permission to use Releasor’s name, photographs and video in which Releasor’s image and likeness appears in connection with Releasor’s participation in the Event and further grants the Hosts permission to display, publish, distribute, use, print and reprint such images and likeness, and the right to employ such images or likeness in advertising and promotions relating thereto, including any advertisements or media and electronic displays and transmissions thereof. Releasor hereby waives any right to inspect or approve any photograph or digital image of Releasor that may be used by Hosts pursuant to this Agreement now or in the future, and Releasor further waives any right to compensation from Hosts in connection with the Host’s use of any photograph or digital image of Releasor pursuant to this Agreement.
11. Releasor, at their sole cost and expense shall obtain and maintain insurance sufficient to provide coverage to Releasor for all representations, warranties, releases and indemnities under this Agreement, including but not limited to medical and general liability insurance.
12. Nothing contained in this Agreement will be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between Releasor and the Hosts, and the Releasor is not entitled to any employment benefits, including worker’s compensation benefits, from the Hosts.
13. This Agreement will apply for each and every day Releasor engages in the Event during the applicable operating season. The benefits of the representations, warranties, releases and indemnities contained in this Agreement shall survive completion of the Event.
14. All provisions of this Agreement shall apply to and be binding upon all officers, employees, agents, successors in interest, assigns or representatives of the parties hereto.
15. No party’s delay, omission or failure to enforce any right with respect to this Agreement will amount to such party’s waiver of such right, or be considered a waiver of any similar right or other provision.
16. The Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. If any part of this Agreement is held unenforceable or in conflict with the law of any jurisdiction, this will not affect the validity of the remaining parts of this Agreement.
17. The laws of the State of Colorado govern the interpretation, validity, performance and enforcement of this Agreement. Any litigation brought to construe or enforce this Agreement shall be commenced in Summit County, Colorado.
THE UNDERSIGNED RELEASOR HAS READ AND VOLUNTARILY SIGNS THE AGREEMENT WITH FULL AUTHORITY AND CAPACITY, and further agrees that no oral representations, statements or inducement apart from the foregoing written agreement have been made. Releasor is aware that they have given up substantial rights by signing the Agreement. Releasor has no obligation to participate in the Event or sign this Agreement, but desires to do so voluntarily.
Check here to show you accept the terms stated above for yourself or for a minor Volunteer for which you are the parental guardian.
