DENHAC WAIVER, RELEASE OF LIABILITY, AND HOLD HARMLESS AGREEMENT

This Release, Indemnification and Hold Harmless Agreement is executed and made effective on the date of submission by denhac (“Releasee”), located at 700 Kalamath Street, Denver, CO 80204 (“the Space”), in favor of and for the benefit of Releasee and all of its officers, directors, employees, lenders, donors, members, guests, volunteers and all other persons or entities acting from them.

IN CONSIDERATION OF the right to enter, use, provide or perform services and/or participate in activities operated by Releasee (“Activity”) and for other good, valuable and legal consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. Assumption of Risk. Releasor acknowledges that its presence, use, provision or performance of services or participation in activities on or about the Space, including the use of any equipment, hardware or tools may expose Releasor to certain risks including all injuries, death, property damage, or other harm could occur to Releasor or others. Releasor is voluntarily participating in the Activity with knowledge and acceptance of the substantial risks, hazards, and other dangers involved. Releasor hereby accepts any and all risks of injury (including death) arising out of or in any way connected with the Activity, use, provision or performance of services or participation in activities on or about the Space, including the use of any equipment, hardware or tools, even if provided by the Releasees or by a third party.
2. Release. Releasor hereby waives, releases, and forever discharges any and all claims for direct, indirect, consequential, incidental, contractual, compensatory, tort based, punitive or any other damages or any sort arising from any cause or basis whatsoever including but not limited to personal injury, death, or property damage which Releasor and/or Releasor’s children, heirs, executors, assigns, parents, personal representatives, or estate may have or which may hereafter accrue as a result of participation in the Activity.
3. Indemnification. Releasor, to the fullest extent permitted by law, shall indemnify, defend, hold harmless, protect and defend Releasees from and against any and all liabilities, claims, damages, losses, demands, lawsuits, costs, and expenses, including (but not limited to) attorney fees, arising out of or resulting from any cause of action for any reason whatsoever including but not limited to the negligence or misconduct in connection with participation in the Activity. Should any such claim, demand, or lawsuit arise or be asserted in any way whatsoever related thereto, whether arising under the laws of the United States, any state, or under any theory of law or equity, Releasor will indemnify, hold harmless and defend Releasees from any and all costs, expenses, or liability including but not limited to the cost of any settlement or judgment made or rendered against Releasees.
4. Waiver of Subrogation. Releasor, on its own behalf and on behalf of any insurer that may provide coverage to Releasor, agrees to waive all rights of subrogation against Releasee for damages to personal property owned by Releasee, injury incurred by Releasee while present at or participating in activities run by Releasee, or any other cause of action whatsoever.
5. Financial Responsibility. In the event that Releasor should require medical care or treatment for illness or injury sustained as a result of participation in the Activity, Releasor agrees to be the sole party financially responsible for any costs incurred as a result of such treatment. Releasor represents that adequate health insurance is in effect to cover any injury or illness suffered or damage caused while participating in the Activity.
6. Severability. If any provision of this Agreement is held invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will nevertheless be fully valid, enforceable, and unimpaired by such holding.
7. Governing Law. The parties hereby agree that this Agreement is governed by the laws of the United States and the State of Colorado. If any dispute arises concerning this Agreement, venue shall be laid exclusively in the state and federal courts of Denver County, Colorado which shall have exclusive jurisdiction over such dispute and the Parties consent to the personal jurisdiction of such courts.
8. Rule of Construction. Both Releasor and Releasee agree that no rule of construction requiring interpretation against the draftsman of this Agreement shall apply. The confirmed intent of this Agreement is to release the Releasees from any and all claims, known and unknown, past or future, of any cause whatsoever to the fullest extent possible.

IN AGREEING TO THIS RELEASE, RELEASOR ACKNOWLEDGES AND REPRESENTS THAT they have read the foregoing Agreement in full, understand that by signing they are affecting their legal rights, and are signing it voluntarily as their own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; they are at least eighteen (18) years of age and fully competent; and they execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.