Individual and Parent/Legal Guardian Waiver of Liability and Release Form
(Waiver and Consent Form)

Every person, or a parent/legal guardian of a person under the age of 18, desiring to use or participate in activities on/in/around a Brighton Crossings Operations Board (“BCOB”) recreational amenity including, but not limited to swimming facilities, fitness center, Venture Center, dog park and splash park (each a “Facility” and together the “Facilities”) must complete this Waiver of Liability and Release Form.

It is possible that you (or your child/ward) may be injured while participating in recreational activities including, but not limited to swimming, exercising, running and climbing (each a “Recreational Activity” and together the “Recreational Activities”) on/in/around the Facilities or other property owned by BCOB, either because of your (or your child/ward’s) own conduct, conduct of others, conduct of BCOB, or the condition of the Facilities. You (or your child/ward) may also be photographed using the Facilities and such photographs may be used by BCOB and/or Brookfield Residential (Colorado), LLC in promotional materials. BCOB wants to make sure that you understand the potential risk of injury before you decide to participate in Recreational Activities on/in/around Facilities owned by BCOB. It is required that you read this Waiver of Liability and Release Form very carefully and make sure you understand it. By signing below, you certify that, in advance of participation in the Recreational Activity identified herein, you have received any and all information that you deem necessary or important in making an informed choice regarding your own or your child/ward’s participation in such Recreational Activity.

You recognize and acknowledge that participation in Recreational Activities, on/in/around Facilities owned or operated by BCOB involves risk of serious injury and loss. Such loss and injury may include bodily injury, slipping and falling, cardiovascular stress, drowning, permanent disability or death, damage to personal property (including vehicles), exposure to inclement weather, insect or animal bites and severe social and economic losses, which might result from your action, inaction, the negligence of others, the rules of play, or the condition of the Facility or any equipment used thereon. Further, by signing below, you certify that you understand that these are some, but not all of the risks. There may be other risks and dangers, a complete listing of which is not possible and cannot be anticipated, and that you shall assume all such risks and dangers, whether or not described here, known or unknown.

You further acknowledge that you are legally responsible for your actions, your child/ward’s actions (if applicable), and your guests’ actions (if applicable), including, but not limited to, any damage to private or public property and/or personal injury.

You agree to indemnify and hold BCOB, its officers, employees, agents, consultants and representatives (including Brookfield Residential (Colorado), LLC), harmless from any claim, liability, damage, loss or injury (including death) which may result from your participation, your child/ward’s participation, or your guests’ participation in any Recreational Activity on/in/around Facilities owned by BCOB. This release of liability and indemnity applies equally to losses, damages or injuries caused or alleged to be caused in whole or in part by the negligence of BCOB. You further agree to release, waive and discharge, and covenant not to sue BCOB, its officers, employees, agents, consultants representatives, and contractors (including Brookfield Residential (Colorado), LLC) for any and all claims, demands or causes of actions whatsoever arising out of any claim, liability, damage, loss or injury (including death) incurred on or to you or your child/ward as a direct or indirect result of your participation (or your child/ward’s) in any Recreational Activity on property owned or operated by BCOB. This release of liability and indemnity applies to you, the undersigned, your child/ward, as well as any of your personal representatives, assigns, heirs and next of kin.

You agree that you have received sufficient information regarding the Recreational Activities to assess the potential degree of risk involved, and the extent of possible injury, understand the activities and potential risks, have carefully read and fully understand the effect of relinquishing the rights that you hereby waive, and voluntarily sign this Waiver of Liability and Release Form.