COLORADO SEARCH & RESCUE ASSOCIATION, INC
BSAR INCIDENT SUPPORT (BIS) & TECH PLATFORM - TERMS OF SERVICE V. 4/13/2025

To better serve those injured, stuck, lost, or deceased in the Colorado backcountry and to improve the Colorado-wide extra jurisdictional backcountry search and rescue resource ordering and support services provided by the Colorado Search and Rescue Association, Inc. (“CSAR”), we invite You to enter into this terms of service agreement with CSAR. Use of the enhanced CSAR Rapid Activation Process (“RAP”) is limited to those who agree to these TOS, however, You may continue to request CSAR’s BSAR Incident Support services through CSAR’s Standard Activation process, that is by calling or texting our current (800) number without agreeing to these terms of service (“TOS”). As appropriate, terms and abbreviations used herein are defined in the Definitions section.

By indicating agreement to these TOS, your agency or entity is agreeing to enter into this agreement with CSAR. These TOS define the agreement, including the terms and conditions under which your agency or entity agrees to participate in CSAR’s Proprietary Technology Platform (the “Platform”). The Platform encompasses CSAR's RAP along with the implementation of its integrated communication and situational awareness systems using third party software as so licensed by CSAR. These terms are more fully defined below.

For Colorado based local and state jurisdictions and agencies, this agreement is generally intended to comport to C.R.S. § 24-33.5-822. County sheriff--local government--local emergency planning committee--memorandum of understanding with volunteer organizations. For Federal jurisdictions and agencies, this agreement is intended to comport to the most relevant Federal analog(s) to C.R.S § 24-33.5-822.

DEFINITIONS:

Backcountry Search and Rescue (”BSAR”) is as defined in C.R.S. § 33-1-102(1.3) and as reasonably extended to all AHJ’s (as defined herein).

Colorado Search and Rescue Association, Inc. (“CSAR”) is a 50+ year old association of local Colorado based BSAR organizations which is organized as a nonprofit corporation to provide opportunities and services in support of those performing BSAR in Colorado. CSAR provides BSAR responder education and advocacy services, public outdoor safety education, support to BSAR teams and BSAR Incident Support services.

Authorities Having Jurisdiction (“AHJ”) For these TOS, an AHJ is defined as any governmental agency or entity with the legal responsibility for resolving a BSAR incident within the territory over which the AHJ has jurisdiction. Under C.R.S. § 24-33.5-707(10), “the sheriff of each county shall: (a) be the official responsible for the coordination of all search and rescue operations within the sheriff's jurisdiction; …” In addition, the following entities are considered to be AHJs in those circumstances where they have legal/statutory responsibility or authority to provide search and rescue services within their respective territories and/or under certain circumstances: national parks & monuments, the state of Colorado, federal agencies, tribal authorities, and/or home rule jurisdictions. In the case of these TOS, the definition of AHJ is considered to include any individuals or BSAR response teams to whom the AHJ has duly delegated the responsibility to resolve a BSAR Incident.

BSAR Incident Support Services (“BIS”) constitutes the array of support services that CSAR’s State BSAR Coordinators can provide to AHJs, upon request and at no cost, to assist in resolving BSAR incidents. CSAR’s free BIS services can include coordination of extra-jurisdictional resources - deployed to the incident or acting remotely - facilitated communication, incident wide situational awareness, and access to groups of BSAR specific subject matter experts. All of these services rely to some extent on CSAR’s Platform, defined below. Neither CSAR nor any State BSAR Coordinator will assume responsibility for an incident once the appropriate AJH has been identified, but instead will operate solely in a support capacity and under the direction of the AHJ.

CSAR’s State BSAR Coordinator Program (“SBCP”) is the program operated under CSAR that provides BIS to AHJs, BSAR resources, and agency partners. SBCP strives to be a one-stop-shop that AHJs can rely on. The SBCP, through its Coordinators, provides incident BIS services to help resolve a BSAR incident as requested by an AHJ, or its duly authorized local BSAR responders.

On Call Coordinators (“OCC”s) The SBCP maintains a roster of experienced, specially trained incident Coordinators recruited from BSAR response teams across the state to provide 24/7/365 response for BIS. CSAR strives to ensure OCCs are always available to assist. OCCs are first agents of CSAR. In the performance of their duties, they also become limited agents of the requesting AHJs and the State of Colorado. The essence of their role is to serve as brokers between the various entities and resources.

Subject Matter Experts (“SME”s) Although the OCCs are each expert in some aspects of BSAR, the SBCP has developed specialized SME teams to address some of the many specific variations of BSAR incident types and response resources. Some of the currently organized SME groups include: Aviation Resource Managers (ARMs), which currently consists of experienced Colorado National Guard pilots; Avalanche Experts, including the Colorado Avalanche Information Center and highly experienced ski patrollers; BSAR specific search dog experts; cell phone forensics and satellite communication experts, and other sub-specialties. The SBCP will continue to develop new SME teams as the need or opportunity arises.

CSAR’s Proprietary BIS Technology Platform (the “Platform”). Through its SBCP, CSAR has and continues to develop a proprietary combination of internet-based software instantiations to provide its BIS services. The Platform includes a unique combination and implementation of Google Workspace, Slack, SARTopo, ActiveAlert (a product of Active911, Inc.), Twilio, WordPress, WP-Forms and other integrated services. The Platform is a primary software tool for BIS. RAP is seamlessly incorporated into it.

CSAR’s Rapid Activation Process (“RAP”) is an enhanced activation service driven by an online, form-based application that allows AHJs to make resource requests of the OCCs directly from their own devices (phone, tablet or computer). Using the RAP supports the minimal repetition of key information and can significantly reduce initial delays when getting an incident response underway. The system is set up such that the information submitted through the on-line RAP is immediately and simultaneously disseminated to both OCCs as well as SME team(s) most relevant to the resources requested by the AHJ. This in turn allows for the rapid formation of a communication/ situational awareness channel on the Platform involving local contacts, designated or requested resources and OCCs. More stakeholders can be readily added as the AHJ perceives the need to investigate or request additional resources as the incident develops and/or as resources teams are activated and incoming participants need to be informed.

OPERATIONAL UNDERSTANDINGS UNDER THESE TERMS OF SERVICE

ACCEPTANCE & ACCESS

AHJ Access and Use: CSAR provides BIS and access to relevant portions of the Platform at no cost to AHJs, under the following terms and conditions:

Your Authority: You represent and affirm that You have the authority to commit your agency or entity to abide by these terms of service. Furthermore, You represent and affirm that You have the jurisdictional authority to request or commit BSAR resources on behalf of your agency or entity.

Agency Password: You accept control of, and responsibility for, the unique BIS password (hereafter referred to as “Password”) which will be assigned to you, the AHJ, at CSAR’s discretion, upon acceptance of this TOS. You acknowledge and affirm that anyone using this Password is acting as your authorized agent and that CSAR will treat their actions as so authorized by you, the AHJ. If at any time You desire a new Password, CSAR will provide a replacement upon written request to CSAR’s Executive Director (see end of this document for contact information)

GENERAL AGREEMENTS UNDER C.R.S. § 24-33.5-822
(Letters in [ ] correspond to section (2) of the Statute)

AHJ Requests [(a)]: An AHJ may request CSAR BIS by contacting the OCC’s through: 1) utilization of the enhanced RAP, if the AHJ enrollment has been accepted by CSAR and the AHJ has a valid Password; or, 2) by utilizing CSAR’s Standard Activation process of calling or texting our request line at (800) 593-2772. The expected circumstances for requests are that an AHJ requests assistance in resolving a BSAR incident that exceeds resources immediately available to their local jurisdiction or would like to consult with an OCC regarding an open incident.

CSAR Acceptance [(b)]: CSAR will typically accept all BIS requests. Inability for CSAR to provide BIS would most likely be due to some unforeseeable circumstances that inhibits the availability of OCCs or the interruption of communication and/or internet services for an extended period of time. CSAR reserves the right to refuse service to any AHJ that refuses to reasonably cooperate with these TOS or who is known to actively disparage any of CSAR’s Coordinators, CSAR, its staff, association members or affiliates. (see “Civil interaction and Problem Resolution” Section below).

Costs & Performance of Coordinated non-CSAR resources [(c)]: CSAR does not charge for its BIS and CSAR has no responsibility for the performance, management or compensation of any ordered resources or cost incurred as a result of their deployment. CSAR’s OCCs will make their best efforts to identify appropriate resources requested by an AHJ or as determined to be appropriate for a described “need” as so identified by the AHJ, contact those resources, and help coordinate a timely response of those resources to the AHJ’s incident. These resources are not agents of CSAR. The OCCs will seek to include a representative of all resources on the Platform to the extent practicable and useful to facilitate coordination, situational awareness, and ongoing communication. However, any resources ordered and/or accepted by the AHJ, or your authorized agents who so possess the AHJ Password, become the AHJ’s direct responsibility. CSAR has no role in the performance of the resource nor the treatment or compensation (if appropriate) of any coordinated resource. CSAR will strive to advise the AHJ of any known third-party costs.

Certification of OCCs [(d)]: OCCs are credentialed by the Colorado Dept. of Homeland Security and Emergency Management (“DHSEM”) under the latest MOU between CSAR and DHSEM. Before being submitted for DHSEM credentialing, OCCs complete an extensive in-house State BSAR Coordinator curriculum and mentorship. OCCs are recruited from amongst Colorado’s most experienced local BSAR incident coordinators/leaders and must have extensive BSAR and ICS training and experience to qualify for candidacy. Candidates are then exposed to up to twelve (12) months of rigorous classroom and on the job training with credentialed OCCs before “graduating” and becoming a fully credentialed State Coordinator.

Duration and Amendment of Agreement [(e) & (f)] This agreement remains in full force until terminated by either party. CSAR retains the right to modify these terms of service by notifying You of such changes to your designated email on file with 30 days’ notice. You or CSAR each have the right to terminate this agreement at any time by providing written notice to CSAR’s Executive Director (see end of this document for contact information).

OTHER TERMS

Parties to this TOS: The parties to this TOS are the AHJ who signs this agreement on the CSAR website (“You” or "Your") and CSAR, who offers these services to the AHJs. While not a party to this TOS, the resources sent upon or on behalf of your request and agreement may be considered beneficiaries of this TOS.

Timely and Complete Communication: During an incident You agree to provide timely communication on the Platform on all relevant matters necessary for the safe and efficient deployment of any CSAR coordinated resources and to keep such information reasonably updated. This includes but is not limited to: 1) Coordinates of the subject(s) - as best determined at the point of initial contact with CSAR; 2) The location and contact for incident staging; 3) The communications plan (as developed); 4) Timely updates on the incident conditions including: a) number and condition of subject(s), b) terrain and weather conditions resources may encounter and/or need to be prepared for, c) sharing your incident map via Cal or SARTopo (editable version if possible ); 5) local and other non-CSAR coordinated resources associated with the incident, especially any potential air resource conflicts and as updated throughout the duration of the incident (e.g., HEMS deployment for insertion of SAR members, surveillance, etc); and 6) any information that reasonably may affect the safety of responders.

Reasonable Treatment of Deployed Resources: You agree to treat resources requested through CSAR to be deployed to your incident in a manner consistent with safe mobilization, rehabilitation and demobilization. This includes but is not limited to timely cancelling resources no longer needed, assuring those responding resources have access to adequate rest, food and shelter from time of arrival through their deployment, and immediately following their incident involvement. The intention is to ensure all assisting resources have proper accommodations for safe preparation, deployment and recovery from time of arrival to departure for home.

Rapid Activation Process (“RAP”) Access and Use: As addressed above, access to the enhanced RAP requires a Password. Your agency or entity will be assigned a unique password after You request enrollment in the RAP, CSAR’s RAP program administrator(s) have confirmed the authenticity of the request, and the request has been approved by CSAR. The Password will be emailed to your program contact. Once received, You may share the Password with any person You authorize to order resources on your behalf. CSAR will rely on You to advise us if You have a security issue with your assigned Password and CSAR will promptly issue You a replacement. You agree that CSAR may rely that any RAP resource request submission that we receive from your agency using your Password constitutes an official request by You.

CSAR Membership is separate: Nothing in this agreement conveys a participant membership in CSAR, which is covered by other agreements and considerations. CSAR invites all members of the Colorado BSAR community to join CSAR. Though membership is not a requirement for an AHJ to receive BIS services, each membership supports CSAR’s capability to deliver these services and also provides access to other CSAR resources, programs and educational discounts which are otherwise not available to non-members.

Accuracy & Ownership of CSAR Work Product and Incident Data: The data collected on the Platform, forms, documents, and other communication products utilized by You and CSAR in the resolution of any incident becomes the non-exclusive property of CSAR. CSAR agrees to strive to maintain appropriate confidentiality of this information. CSAR may collect and share statistical and summary incident information sanitized of individual or subject specific information at CSAR’s discretion. While CSAR will make reasonable efforts to maintain data security commensurate with our budget and personnel capabilities, we can make no guarantees of confidentiality of the data or BSAR subject information collected on the Platform, nor can we make any guarantees about the data security of data input into our third-party software providers. Further, due to the potential numerous parties involved and the dynamic nature of BSAR incidents, CSAR makes no representations as to the accuracy or completeness of information collected or provided on the CSAR Tech Platform.

OCCs are Qualified Volunteers: Consistent with its MOU with DHSEM, CSAR is a Qualified Volunteer Organization under C.R.S §25-33.5-823. Acting as an OCC on a BSAR Incident is a voluntary role, even if the volunteer otherwise has a paid staff role for CSAR. Consequently, all OCCs are Volunteers subject to the protections and benefits enumerated in C.R.S. §24-33.5-824.

Civil Interaction and Problem Resolution: You and CSAR agree to resolve conflicts and/or disagreements through direct communication as soon as practicable. The parties further agree not to disparage one another to third parties or the public. The parties further agree to advise each other promptly of any injuries, serious compromises of safety or unacceptable behavior encountered in relation to any resources deployed under CSAR’s coordination. Finally, feedback is encouraged to promote continuous improvement. As practicable, incident-involved CSAR Coordinators and SBCP leadership will make themselves available to participate in After Action Reviews (“AAR”s). CSAR’s ability to facilitate and host AARs is under development.

Notice: Notice pursuant to the termination of this agreement shall be made:
If to CSAR, via email to: [email protected]
If to the AHJ party, via email to the jurisdictional email provided to CSAR when agreeing to these TOS.

Limitation of Liability: Neither party shall be liable to the other party for any special, consequential, incidental, punitive, or indirect damages arising from or relating to these TOS, regardless of any notice of the possibility of such damages. As CSAR does not control an incident or any of the resources on an incident, You agree to indemnify CSAR from all claims relating to actions not taken directly by agents of CSAR.