INTRODUCTION: Please read this entire Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (hereafter, “Document”) carefully before signing.  The adult (18 yrs. of age or older) participant (the term “Participant” includes any volunteer) must sign this Document. If Participant is a minor (under 18 years of age; “Minor” or “Child”), one of the participant’s parents or legal guardians (collectively, “Parent”) must sign. If I am a Parent, I am entering into this Document for myself, on behalf of my non-signing spouse (if any), and on behalf of my Child. 


In consideration of the services of Coldfear LLC, a Wyoming limited liability company, and its members, managers, officers, directors, employees, agents, volunteers, representatives, affiliates, and sponsors (collectively, “Coldfear”), and any other hosts, organizers, vendors, property owners, or service providers, and each of their respective owners, officers, directors, employees, agents, representatives, volunteers, affiliates, and all other persons or entities affiliated with any of them (individually and collectively with Coldfear, “Provider”) in allowing me/my child to participate, I (adult Participant or parent of a Minor Participant) acknowledge and agree as follows:


The Cookeout Ice Festival (“Festival”) takes place in Cody, Wyoming, on Nov 21-24, 2024.  Coldfear is organizing and providing the Festival to the public.  Coldfear staff, volunteers, and other representatives will provide and facilitate Participant’s access to and participation in Festival activities. Coldfear has arranged with other individuals and/or organizations (independent contractors), who are not its employees or agents, to assist with, lead, or facilitate booths and activities during the Festival. I acknowledge that Coldfear does not supervise or control these independent contractors and is not legally liable or responsible for their conduct. In addition, Festival activities take place at facilities and on premises not owned or controlled by Coldfear. I acknowledge that Coldfear does not oversee or take responsibility for any aspect or condition of these independent facilities or premises.  


ACTIVITIES, RISKS AND ACKNOWLEDGMENT AND ASSUMPTION OF RISKS:

Participating (whether attending, observing, assisting (for example, as a volunteer) or actively participating) in Festival educational, instructional, adventure and/or recreation clinics and associated or other activities includes risks. Festival activities take place in and near Cody, Wyoming, and may include but are not limited to: ice climbing (outdoors on natural or artificial ice and rock); belaying and rappelling; the use of ropes, harnesses, ice axes, cramp-ons, or other technical gear; cross-country or alpine skiing; ice-skating; sledding; participating in equipment demonstrations or trials; interactive games; socializing; use of any equipment, facilities, or premises; and travel and transportation (for example) in vans, buses, cars, trucks and/or other vehicles, or by bike, foot, animal or by other means during activities or to and from activities during the Festival (collectively, “Activities”). Activities may be organized or led by Provider staff, volunteers, or others and/or engaged in by Participant independently.  I acknowledge that these Activities include inherent and other risks, hazards, and dangers (collectively, “Risks”) that can cause injury, damage, death, or other loss to Participant or others.  The Parent of a Minor gives permission for their Child to participate in all Activities and agrees to discuss the nature of these Activities and Risks with their Child.  The following describes some, but not all of the Risks:


Risks of ice climbing. Risks include the possibility of slipping and falling partway or to the ground; suffering burns, scratches, cuts, pinches, jolts, and other trauma; losing a grip on an ice ax or climbing hold; impacting an ice or rock face, rock wall, boulder, cable, other objects, or people; encountering loose or damaged climbing holds, bolts, or ice surfaces; equipment failure or misuse; rope abrasion and entanglement; being impacted by falling ice, snow, equipment or people; and experiencing a fear of heights or other phobias.

General physical activity risks. Activities can involve moderate to challenging physical exertion including, but not limited to, repetitive use of Participant’s arms, legs, or other body parts and lifting, pushing, carrying weight, belaying, rappelling, and strength or cardiovascular exercise, which may require fitness and endurance. Participants may overestimate their abilities or fitness, be inattentive, lose control of their bodies or equipment, trip, fall, or collide with other people, the ground, ice, rocks, or trees, and may encounter other water/terrain/road/trail hazards. Activities can, among other things, cause surges in blood pressure and pulse rates, and Participants can experience stress or anxiety.

Risks present in an outdoor environment. These risks include travel and participation in Activities in high altitude (at or above 7,000 feet), mountainous, or wilderness terrain both on and off trail. Participants may encounter storms, including strong winds, rain, lightning, snow, or ice; avalanches; extremely cold weather or water; rapid and unpredictable weather changes; falling or slippery rocks or ice; falling or fallen timber; wildfire or smoke; floods; stinging, venomous and/or disease carrying animals, insects, or microorganisms; unpredictable wild or domestic animals; intense sun exposure; and other natural or man-made hazards. Hazards (both above and below snow or water level) may not be marked or visible and weather is always unpredictable. 

Risks involved in judgment and decision making. Individuals, including Participants, must make various judgments and decisions in changing environments which are, by their nature, imprecise and subject to error. These risks include the risk that the Participant or a co-participant, Provider, staff member, volunteer or other person may misjudge the Participant’s (or others’) capabilities, health or physical condition, or misjudge some aspect of travel, instruction, medical treatment, weather, terrain, or ice/snow conditions.  

Personal health risks.  The Participant’s mental, physical, or emotional condition (including use or abuse of alcohol or any prescription or non-prescription drugs), disclosed or undisclosed, known or unknown, combined with participation in Activities includes risks. Provider cannot anticipate or eliminate risks or complications posed by Participant’s mental, physical (including fitness level), or emotional condition. 

Risks connected with travel and geographic location. Risks include the inherent hazards of driving in dynamic environments on city, county, or state roads and highways with vehicle traffic, ruts, curbs, gravel, blind curves, winter driving conditions (including ice, snow, low-visibility, and whiteout conditions), other road obstacles and/or careless or inattentive drivers when traveling to and from the Festival. Travel to and from the Festival may be affected by sudden and changing federal, state, or local health or travel advisories or limitations due to weather and other factors outside of Coldfear’s control. Activities may take place a distance from medical facilities, causing potential delays or difficulties in communication, transportation, evacuation and medical care. Medical facilities may be inadequate, unavailable, or inaccessible. Although Participant, Provider staff or volunteers, or others may have access to wireless communication devices, use of these communication devices in any location is unreliable and inconsistent.

Equipment risks. These risks include the risk that equipment used in an Activity may be misused, or may break, fail or malfunction. This includes Participant’s personal equipment, Provider equipment, or any other equipment (whether purchased, borrowed, rented, or demo-ed). Participants choosing to bring and use their personal equipment (including ice axes, cramp-ons, and any safety gear) assume full responsibility, along with a Parent of a Minor, for choosing appropriate equipment and for the fit and condition of their equipment.  Participant may be required to use a helmet or other safety gear for some activities. Safety gear may prevent or lessen injuries in some instances; however, use of safety gear is not a guarantee of safety, and injury can occur even with the use of this gear.

Risks regarding conduct and interactions with others. These risks include the risk that the Participant, or other participants or third parties, may act carelessly or recklessly. Risks of interactions with others include the risk of bullying, unwanted sexual advances or contact, harassment, others’ alcohol or drug use, and other risks of social interactions. 


These and other risks may result in Participant: falling partway or falling to the ground or into water; being struck by, colliding with, or impacting objects, people, vehicles, animals or the bottom of a water body; experiencing vehicle collision or rollover; adversely reacting to high altitudes, weather conditions, or increased exertion; becoming lost or disoriented; suffering gastro-intestinal complications or allergic reactions or experiencing other problems. These and other circumstances may cause cold related illnesses or conditions (including hypothermia, cold water immersion, or frostbite), dehydration, hyponatremia, drowning, high altitude sickness (e.g. high altitude pulmonary or cerebral edema), heart or lung complications, broken bones, paralysis or other permanent disability, mental or emotional trauma, concussions, sunburn or other burns, illnesses (including contracting animal/insect borne or contagious diseases), infections, cuts, wounds or other injury, damage, death, or loss. 


I (adult Participant or Parent or a Minor Participant) agree:

  • Provider representatives are available should I have further questions about the Activities or the associated Risks;

  • Participant is fully capable of participating without causing harm to themself or others; the information provided above is not complete, other unknown or unanticipated activities, risks, and outcomes may exist, and Provider cannot assure Participant's safety or eliminate any of these Risks.

  • At all times, all Participants share in the responsibility of their own well-being; 
    if Participant is borrowing, renting, or purchasing new or used equipment from Provider, the equipment comes “AS-IS,” and Provider disclaims all warranties, express or implied (including any conditions of merchantability or fitness for a particular purpose) with regard to the equipment.

  • Participant is voluntarily participating with knowledge of the Risks. Therefore, Participant and Parent of a Minor Participant assume and accept full responsibility for the inherent and other risks (known and unknown, described above or otherwise) of the Activities, and for any injury, damage, death, or other loss suffered by Participant (and Parent) resulting from those Risks, including the risk of Participant’s own negligence or other misconduct. 

  • Participant/parent further agree to assume and accept any increased risks to the participant, parent, or others, related to participant participating in the Festival in the midst or wake of the COVID-19 pandemic.
     

RELEASE & INDEMNITY AGREEMENT:

Please read carefully.  This Release and Indemnity Agreement contains a surrender of certain legal rights.  I (adult Participant, or Parent for myself and for and on behalf of my Participating Child) agree:

1) to release and agree not to sue Provider (as more fully defined above), with respect to any and all claims, liabilities, suits, or expenses (including attorneys’ fees and costs) (“Claims”), for any injury, damage, death, or other loss in any way connected with my/my Child’s enrollment or participation in the Activities, including use of any equipment, facilities, or premises. I understand I agree here to waive all Claims my Child or I may have against Provider, bind my/my Child’s estate and any family member/heir/other party bringing Claims, and agree that neither I, my Child nor anyone acting on my or my Child's behalf, will make a claim against Provider as a result of any injury, damage, death, or other loss suffered by me or my Child;

2) to defend and indemnify (“indemnify” means to protect by reimbursement or payment) Provider, with respect to any and all Claims brought by or on behalf of me or my spouse, my participating Child, my/my Child’s other family member/s, heir/s or estate, a co-participant or any other person for any injury, damage, death, or other loss in any way connected with my/my Child’s enrollment or participation in Activities, including use of any equipment, facilities, or premises.

This Release and Indemnity Agreement includes Claims of or resulting from Providers’ negligence (but not their willful and wanton misconduct) and includes Claims for personal injury or wrongful death (including Claims related to emergency, medical, drug, and/or health issues, response, assessment or treatment), property damage, loss of consortium, breach of contract, or any other Claim. 


OTHER PROVISIONS:

I (adult Participant or Parent of a Minor Participant) agree: 

Wyoming substantive law (without regard to its "conflict of laws" rules) governs this Document, any dispute I or my Child have with Coldfear and all other aspects of my or my Child’s relationship with Coldfear, contractual or otherwise, and I agree that any mediation, suit, or other proceeding involving Coldfear must be filed or entered into only in Park County, Wyoming;
to attempt to settle any dispute with Coldfear (that cannot be settled by discussion) through mediation before a mutually acceptable Wyoming mediator; 
I authorize Provider staff, volunteers, or other medical personnel to obtain or provide medical care for me/my child, to transport me/my child to a medical facility, and/or to provide treatment they consider necessary for my/my child's heath. I agree to pay all associated costs of such medical care.  I agree to the release, to or by Provider, of any records necessary for treatment, referral, or otherwise;
I grant to Coldfear and/or parties designated by them, the right and permission to photograph, film, record and/or otherwise capture my, my participating Child’s, and/or my other family members’ name, image, voice, written statement, photograph and/or visual likeness (collectively "Recordings"), during the Festival or otherwise, without compensation to me or my other family members, and use the Recordings for any purpose in any media throughout the world in perpetuity, including for use in broadcasts, or for sale, reproduction, or display on the internet, in publications and/or for any informational, educational, advertising, promotional or other use. I consent to my or my family member’s name and identity being revealed in conjunction with the use of these Recordings.  Coldfear owns all ownership/copyright rights in the Recordings. I waive any inspection or approval rights and I authorize Coldfear the right to license to others their ownership, use, and copyright rights in the Recordings;
Provider reserves the right to terminate a Participant’s participation in Festival activities, if, in any of their discretion, Participant presents a safety, behavioral issue, or other concern; this Document is intended to be interpreted and enforced to the fullest extent allowed by law.  If any portion of this Document is deemed unlawful or unenforceable, the unlawful or unenforceable provision shall not affect the enforceability of the remaining provisions, and those remaining provisions shall continue in full force and effect.

Adult Participant or Parent of a Minor Participant each agree:

I have carefully read, understand, and voluntarily sign this Document and acknowledge that it shall be effective and legally binding upon me, my spouse, participating Child and other children, and Parent/Participant’s other family members, heirs, executors, representatives, subrogees, assigns, and estate.  The adult Participant or Parent of a Minor Participant must complete the requested information and sign below.  

I understand that my signature is valid and legally binding whether I choose to electronically sign or sign a printable version of this Document. *If you do not agree to the electronic signing process, contact Coldfear for a printable version that you can download, print, manually sign and return to us via U.S. Mail.