Carol Lahey, Plaintiff-counter-defendant-appellant, v. Twin Lakes Expeditions, Inc., a Colorado Corporation; Rickcovington; Douglas (blues) Voisard,defendants-counterclaimants,third-party-plaintiffs-appellees,androb Mobilian, Third-party-defendant, 113 F.3d 1246 (10th Cir. 1997)

ORDER AND JUDGMENT^* 

Having reviewed the record and the briefs, and having heard oral argument, the court concludes as a matter of law that the exculpatory portion of the release agreement is valid. The release agreement was fairly entered into and is clear and unambiguous. See Heil Valley Ranch, Inc. v. Simkin, 784 P.2d 781, 785 (Colo.1989) (en banc); Jones v. Dressel, 623 P.2d 370, 378 (Colo.1981) (en banc); Potter v. National Handicapped Sports, 849 F. Supp. 1407, 1410-11 (D. Colo. 1994). In addition we find that the record is devoid of evidence of willful and wanton conduct by the defendants. See Steeves v. Smiley, 354 P.2d 1011, 1013-14 (Colo.1960); Hodges v. Ladd, 352 P.2d 660, 663 (Colo.1960). Therefore, we AFFIRM substantially for the reasons stated in the April 29, 1996 Order and Memorandum of Decision of the District Court.