TOTAL ARCHERY CHALLENGE WAIVER
ALL PARTICIPANTS/SPECTATORS MUST READ AND SIGN.
PLEASE READ CAREFULLY BEFORE SIGNING THE ACKNOWLEDGMENT, WAIVER AND RELEASE FROM LIABILITY.
The undersigned acknowledges that TOTAL ARCHERY CHALLENGE “TAC” is a test of a person's physical and mental limits and it carries with it potential for death, serious injury and property loss. THE UNDERSIGNED HEREBY ASSUMES THE RISKS OF ATTENDEE PARTICIPATING IN TAC AND ITS EVENTS.
The undersigned certifies that the attendee is physically fit, has sufficiently trained for participation in this event, and has not been told by anyone that they shouldn't participate.
The undersigned hereby takes the following action for themselves/attendee, heirs, next of kin, successors and assigns, or anyone else who might claim or sue on their behalf, and expressly acknowledges that it is their intent to take these actions:
(a) THE UNDERSIGNED AGREES that attendee will abide by the competitive rules adopted by TAC;
(b) THE UNDERSIGNED AGREES that if they believe any of the course, facilities, equipment, and areas to be used to be unsafe they will advise the person supervising the event, activity, facility, or area;
(c) THE UNDERSIGNED WAIVES AND RELEASES ALL RIGHTS TO, AND DISCHARGE FROM, ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONAL INJURY, PARTIAL OR PERMANENT DISABILITY, PROPERTY DAMAGE, MEDICAL OR HOSPITAL BILLS, THEFT OR DAMAGES OF ANY KIND, INCLUDING ECONOMIC LOSSES AND LOSS AND/OR STOLEN ITEMS, WHICH ARISE OUT OF OR RELATE TO ATTENDEE’S PARTICIPATION IN, OR MY TRAVELING TO AND FROM THE EVENT, THE FOLLOWING PERSONS OR ENTITIES:
Releases and/or Related Parties, TAC sponsors, all states, cities, counties, or localities in which events or segments of events are held, even if such claims, losses, or liabilities are caused by the negligent acts of any other person or entity;
THE UNDERSIGNED ASSUMES THE RISKS OF ATTENDEE PARTICIPATING IN THIS EVENT. THE UNDERSIGNED ALSO ASSUMES ANY AND ALL OTHER RISKS associated with attendee participating in this event, all such risks being known and appreciated by them, and further acknowledges that these risks include risks that may be the negligence of the persons or
entities mentioned above in paragraph (c) or other persons or entities. The undersigned acknowledges that weather, terrain, wildlife, and other natural conditions may pose risks to attendee, and voluntarily assumes all such risks. The undersigned acknowledges that by participating in a large event with many people, the attendee is at risk of contracting an illness
including, but not limited to, COVID-19, and assumes this risk.
(d) THE UNDERSIGNED AGREES NOT TO SUE ANY OF THE PERSONS OR ENTITIES MENTIONED ABOVE IN PARAGRAPH (c) for any of the claims, losses, or liabilities that the undersigned has waived, released or discharged herein;
(e) THE UNDERSIGNED AGREES TO INDEMNIFY AND HOLD HARMLESS THE PERSONS AND ENTITIES MENTIONED IN PARAGRAPH (c) for any and all claims made or liabilities assessed against them as a result of:
(i) attendee’s actions or inactions,
(ii) the actions or inactions of others, up to and including negligence, with particular emphasis on those parties under section (c) above,
(iii) the conditions of the facilities, equipment, or areas where the event is being conducted,
(iv) the Competitive Rules, or
(v) any other harm caused by an occurrence related to this TAC event.
(f) THE UNDERSIGNED GRANTS PERMISSION for the use of attendees name and/or likeness relating to participation in TAC event, and waives all right to any future compensation to which may otherwise be entitled as a result of the use of my likeness. THE UNDERSIGNED UNDERSTANDS that this usage may include attendee’s likeness being used online, in social
media, in TAC advertising, and other additional uses
(g) THE UNDERSIGNED AUTHORIZES event personnel to secure emergency medical treatment on attendee’s behalf if deemed necessary and the undersigned is unable to consent to said medical treatment, and the undersigned assumes all financial responsibility for such treatment.
(h) THE UNDERSIGNED UNDERSTANDS and accepts that the entry fee is non-refundable under any circumstance.
If any provision of this waiver is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
THE UNDERSIGNED HEREBY AFFIRMS THAT THEY ARE EIGHTEEN (18) YEARS OF AGE OR OLDER. THE UNDERSIGNED HAS READ THIS DOCUMENT AND UNDERSTAND ITS CONTENTS.
FOR PERSONS UNDER EIGHTEEN (18) YEARS OF AGE A PARENT OR LEGAL GUARDIAN MUST SIGN THE ABOVE RELEASE AND COMPLETE THE FOLLOWING SECTION.
RED LODGE MOUNTAIN RECREATIONAL ACTIVITY USE
Acknowledgment AND RELEASE OF LIABILITY & INDEMNITY AGREEMENT
Please read carefully. This is a release of liability and waiver of legal rights.
Red Lodge Grizzly Peak, Inc. and JMA Ventures, LLC (collectively, “Red Lodge”) permit the undersigned (“Releasor”) to access Red Lodge property for the purposes of recreation activities (“Activities”), including but not limited to hiking, sightseeing, trail running, disc golfing, and biking, as well as hiking to access off-property locations for paragliding, hang-gliding, and kiting. Permission to access Red Lodge property does not confer any other rights, privileges, or benefits upon Releasor. During the summer season, access to Red Lodge for recreational purposes is free of charge, but Red Lodge does not confer any right or privilege related to Releasor’s access to Red Lodge.
Red Lodge does not make any representations or provide any assurances that Red Lodge is safe for Activities, or for any other purpose. Releasor acknowledges that this Acknowledgment and Release of Liability & Indemnity Agreement (“Agreement”) complies with Mont. Code Ann. § 70-16-302, and where a person does not give valuable consideration to a landowner in exchange for the recreational use of the property, a person uses the property without any assurance from the landowner that the property is safe for any purpose. During the summer, Red Lodge is not patrolled or swept at the end of the day. Releasor is solely responsible for Releasor’s safety while on Red Lodge property, regardless of how Releasor accesses Red Lodge property. Releasor agrees to take reasonable safety precautions such as appropriate protective equipment; travelling with a companion; letting others know Releasor’s travel plan and return time; and carrying extra water, food, clothing, sunscreen, animal repellant, a map, a cell phone, and a satellite communicator. Releasor acknowledges that such precautions will not guarantee Releasor’s safety.
Releasor acknowledges that Activities carry certain risks, inherent and otherwise, including but not limited to injury, death, and property damage. Releasor acknowledges and accepts that such inherent risks may include, but are not limited to: falling, slipping, sliding, or tripping from inconsistent, steep, slippery trails, as well as wet or unmarked trails; unmarked cliffs, trees, rope lines, and equipment; falling objects including trees and rocks; falls from height; adverse weather conditions including wind, lightning, and extreme temperatures; collisions with or accidents caused by other people, terrain, objects, machinery, vehicles, and bicycles; being struck by moving or flying objects; collisions or accidents caused by malfunction of Releasor’s or others’ equipment; catching clothing or body parts in moving equipment; injury while getting on and off of platforms or in and out of vehicles; animal dangers including being bitten, trampled, mauled, or stung; fire dangers including being burned or inhaling smoke; exposure to poisonous or irritating effects of plants, insects, and snakes; disorientation dangers including falling, getting lost; hypothermia or hyperthermia; physical exertion, stress, or emotional trauma; remote location dangers including distance from and inaccessibility to immediate medical assistance; and, as further discussed below, explosive duds remaining from winter avalanche control programs. Releasor understands that the description of risks in this Agreement is not complete. Despite all the risks identified above, Releasor voluntarily chooses to participate in Activities.
Releasor is further aware that exceeding or failing to recognize the limits of Releasor’s abilities related to whatever Activities Releasor may choose to pursue will exacerbate such inherent risks. Releasor agrees to learn and recognize the limits of and not exceed Releasor’s abilities while accessing Red Lodge for purposes of engaging in Activities. Releasor accepts all legal responsibility for injury or damage of any kind related to Releasor’s pursuit of any recreational activity on Red Lodge property, whether or not such injury or damage results from those known inherent dangers and risks identified above.
Explosive duds from winter avalanche control programs may remain on Red Lodge during the summer. Dud explosives are very dangerous. Familiarize yourself with signage showing how these explosives may look. Report and do not approach any dud explosives. Releasor acknowledges and accepts all risks presented by or related to the presence of dud explosives on Red Lodge.
Releasor agrees to obey all instructions printed on the trail map posted on Red Lodge property or provided verbally. Releasor grants Red Lodge the absolute and irrevocable right and permission forever to use, reuse, publish photographs, audio or video recordings, in any medium and for any purpose whatsoever, including but not limited to, illustrations, web/internet, marketing, promotion, advertising and trade.
In consideration for allowing Releasor to participate in Activities, Releasor agrees to hold harmless, release, indemnify, and not to sue Red Lodge for any injury or loss to Releasor, including death, which Releasor may suffer, arising in whole or in part out of Releasor’s participation in Activities, including, but not limited to, those claims based on Red Lodge’s alleged or actual negligence or breach of any contract and/or express or implied warranty.
ADULT AND PARENT/GUARDIAN AUTHORIZATION AND INDEMNIFICATION OF RED LODGE: As Parent or duly authorized Guardian for the minor(s) named below, I verify that I have authority to enter into this Agreement on behalf of the minor child(ren). I have read, understand and agree that the minor child(ren) and anyone acting on their behalf, including me, is bound by the terms of this Agreement. Furthermore, if any claim or action including any claim alleging negligence is brought by the minor child or ward, or anyone claiming to act on their behalf, against Red Lodge, I agree to defend, indemnify, and hold harmless Red Lodge for any and all expenses incurred by Red Lodge in defending and/or satisfying any judgment, including legal fees. If I am not the parent or guardian of the minor child or ward, I nevertheless agree to defend, indemnify and hold harmless Red Lodge. I also agree that if I have signed this Agreement on behalf of any other adult who refuses to accept or carry out the terms of this Agreement by bringing a claim or action against Red Lodge, including any claim alleging negligence, I will personally defend, indemnify, and hold harmless Red Lodge for any and all expenses incurred by the Red Lodge in defending and/or satisfying any judgment, including legal fees.
LIABILTY RELEASE DURATION AND REVOCATION: I agree that this Agreement shall apply to all uses of Red Lodge’s facilities regardless of how Red Lodge’s facilities are being used. I understand and agree that this Agreement will remain in effect and apply for every day that Releasor engages in Activities, without executing an additional Agreement for each day, season, or year, until a new Agreement is executed (or this Agreement is revoked by me in writing and that writing is accepted in writing, signed by an authorized representative of Red Lodge). A separate agreement may be required for equipment rental, lessons and/or other activities available at facilities.
VENUE: I agree that the exclusive forum for any claim arising from or relating to the Agreement shall be in the District Court for Carbon County, Montana, Twenty-Second Judicial District, or the United States District Court for the District of Montana.
BY MY SIGNATURE BELOW, I CERTIFY THAT:
- I AM AN ADULT PARTICIPANT, AT LEAST 18 YEARS OF AGE; OR
- I AM THE PARENT, LEGAL GUARDIAN OR OTHERWISE LEGALLY AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE MINOR(S), AND I AGREE TO BE BOUND BY THIS LIABILITY RELEASE ON THEIR BEHALF; OR
- IF SIGNING ON BEHALF OF ANOTHER ADULT, THE ADULT HAS READ, UNDERSTANDS AND CONSENTS TO BE BOUND BY THIS LIABILITY RELEASE AGREEMENT HAS GIVEN ME PERMISSION TO SIGN ON THE ADULT’S BEHALF.
WARNING: IF THIS LIABILITY RELEASE IS NOT SIGNED BY THE REAL INTENDED USER, THE SIGNER THEREBY AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS RED LODGE FOR ANY CLAIM OR LAWSUIT INITIATED BY THE INTENDED USER AGAINST RED LODGE.
BY SIGNING THIS DOCUMENT YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER’S ORDINARY NEGLIGENCE THAT ARE THE RESULT OF THE PROVIDER’S FAILURE TO EXERCISE REASONABLE CARE.
Red Lodge Mountain Summer Season Lift Access
Acknowledgment and Release of Liability & Indemnity Agreement, and
Terms & Conditions
Please read carefully. This is a release of liability and waiver of legal rights.
The undersigned ticketholder (“Holder”) is purchasing a lift ticket (“Ticket”) permitting Holder to ride Red Lodge Grizzly Peak, Inc. and JMA Ventures, LLC (collectively, “Red Lodge”) chairlifts for the purposes of recreation activities, including but not limited to hiking, sightseeing, trail running, disc golfing, and biking, as well as hiking to access off-property locations for paragliding, hang-gliding, and kiting, by way of a ride on Red Lodge chairlifts (collectively, the “Activities”). The Ticket does not confer any other rights, privileges, or benefits upon Holder. During the summer season, access to Red Lodge for recreational purposes is free of charge and the Ticket is neither necessary to nor confers any right or privilege related to Holder’s access to Red Lodge.
Whether by selling the Ticket or otherwise, Red Lodge does not make any representations or provide any assurances that Red Lodge is safe for the Activities, or for any other purpose. During the summer, Red Lodge is not patrolled or swept at the end of the day. Holder is solely responsible for Holder’s safety while on Red Lodge property, regardless of how Holder accesses Red Lodge property. Holder agrees to take reasonable safety precautions such as appropriate protective equipment; travelling with a companion; letting others know Holder’s travel plan and return time; and carrying extra water, food, clothing, sunscreen, animal repellant, a map, a cell phone, and a satellite communicator. Holder acknowledges that such precautions will not guarantee Holder’s safety.
Holder acknowledges that Activities carry certain risks, inherent and otherwise, including but not limited to injury, death, and property damage. Holder acknowledges and accepts that such inherent risks may include, but are not limited to: falling, slipping, sliding, or tripping from inconsistent, steep, slippery trails, as well as wet or unmarked trails; falling, slipping, sliding, or tripping from chairlift ramps; unmarked cliffs, trees, rope lines, and equipment; falling objects including trees and rocks; falls from height; adverse weather conditions including wind, lightning, and extreme temperatures; collisions with or accidents caused by other people, terrain, objects, machinery, vehicles, and bicycles; being struck by moving or flying objects; collisions or accidents caused by malfunction of Holder’s or others’ equipment; catching clothing or body parts in moving equipment; injury while getting on and off of platforms or in and out of vehicles; animal dangers including being bitten, trampled, mauled, or stung; fire dangers including being burned or inhaling smoke; exposure to poisonous or irritating effects of plants, insects, and snakes; disorientation dangers including falling, getting lost; hypothermia or hyperthermia; physical exertion, stress, or emotional trauma; remote location dangers including distance from and inaccessibility to immediate medical assistance; and, as further discussed below, explosive duds remaining from winter avalanche control programs. Holder understands that the description of risks in this Acknowledgment and Release of Liability & Indemnity Agreement (“Agreement”) is not complete. Despite all the risks identified above, Holder voluntarily chooses to participate in Activities.
Holder is further aware that exceeding or failing to recognize the limits of Holder’s abilities related to whatever Activities Holder may choose to pursue will exacerbate such inherent risks. Holder agrees to learn and recognize the limits of and not exceed Holder’s abilities while accessing Red Lodge for purposes of engaging in Activities. Holder accepts all legal responsibility for injury or damage of any kind related to Holder’s pursuit of any recreational activity on Red Lodge property, whether or not such injury or damage results from those known inherent dangers and risks identified above.
Explosive duds from winter avalanche control programs may remain on Red Lodge during the summer. Dud explosives are very dangerous. Familiarize yourself with signage showing how these explosives may look. Report and do not approach any dud explosives. Holder acknowledges and accepts all risks presented by or related to the presence of dud explosives on Red Lodge.
Holder agrees to obey all instructions printed on the trail map posted on Red Lodge property or provided verbally. Holder grants Red Lodge the absolute and irrevocable right and permission forever to use, reuse, publish photographs, audio or video recordings, in any medium and for any purpose whatsoever, including but not limited to, illustrations, web/internet, marketing, promotion, advertising and trade.
In consideration for allowing Holder to participate in Activities, Holder agrees to hold harmless, release, indemnify, and not to sue Red Lodge for any injury or loss to Holder, including death, which Holder may suffer, arising in whole or in part out of Holder’s participation in Activities, including, but not limited to, those claims based on Red Lodge’s alleged or actual negligence or breach of any contract and/or express or implied warranty.
ADULT AND PARENT/GUARDIAN AUTHORIZATION AND INDEMNIFICATION OF RED LODGE: As Parent or duly authorized Guardian for the minor(s) named below, I verify that I have authority to enter into this agreement on behalf of the minor child(ren). I have read, understand and agree that the minor child(ren) and anyone acting on their behalf, including me, is bound by the terms of this Agreement. Furthermore, if any claim or action including any claim alleging negligence is brought by the minor child or ward, or anyone claiming to act on their behalf, against Red Lodge, I agree to defend, indemnify, and hold harmless Red Lodge for any and all expenses incurred by Red Lodge in defending and/or satisfying any judgment, including legal fees. If I am not the parent or guardian of the minor child or ward, I nevertheless agree to defend, indemnify and hold harmless Red Lodge. I also agree that if I have signed this Agreement on behalf of any other adult who refuses to accept or carry out the terms of this Agreement by bringing a claim or action against Red Lodge, including any claim alleging negligence, I will personally defend, indemnify, and hold harmless Red Lodge for any and all expenses incurred by the Red Lodge in defending and/or satisfying any judgment, including legal fees.
LIABILTY RELEASE DURATION AND REVOCATION: I agree that this Agreement shall apply to all uses of Red Lodge’s facilities regardless of how Red Lodge’s facilities are being used. I understand and agree that this Agreement will remain in effect and apply for every day that Holder engages in Activities, without executing an additional agreement for each day, season, or year, until a new Agreement is executed (or this Agreement is revoked by me in writing and that writing is accepted in writing, signed by an authorized representative of Red Lodge). A separate agreement may be required for equipment rental, lessons and/or other activities available at facilities.
VENUE: I agree that the exclusive forum for any claim arising from or relating to the Agreement shall be in the District Court for Carbon County, Montana, Twenty-Second Judicial District, or the United States District Court for the District of Montana.
BY MY SIGNATURE BELOW, I CERTIFY THAT:
- I AM AN ADULT PARTICIPANT, AT LEAST 18 YEARS OF AGE; OR
- I AM THE PARENT, LEGAL GUARDIAN OR OTHERWISE LEGALLY AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE MINOR(S), AND I AGREE TO BE BOUND BY THIS LIABILITY RELEASE ON THEIR BEHALF; OR
- IF SIGNING ON BEHALF OF ANOTHER ADULT, THE ADULT HAS READ, UNDERSTANDS AND CONSENTS TO BE BOUND BY THIS LIABILITY RELEASE AGREEMENT HAS GIVEN ME PERMISSION TO SIGN ON THE ADULT’S BEHALF.
WARNING: IF THIS LIABILITY RELEASE IS NOT SIGNED BY THE REAL INTENDED USER, THE SIGNER THEREBY AGREES TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS RED LODGE FOR ANY CLAIM OR LAWSUIT INITIATED BY THE INTENDED USER AGAINST RED LODGE.
BY SIGNING THIS DOCUMENT YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER’S ORDINARY NEGLIGENCE THAT ARE THE RESULT OF THE PROVIDER’S FAILURE TO EXERCISE REASONABLE CARE.
I, the undersigned, have fully read, understand, and agree to the above terms and conditions of this Acknowledgement and Release of Liability & Indemnity Agreement.
TERMS & CONDITIONS
The following outlines Red Lodge’s Summer Lift Policies. By purchasing a ticket, Holder agrees to these terms and conditions, and agrees to abide by the policies of Red Lodge.
- A Red Lodge Ticket is NOT REFUNDABLE due to weather and mountain conditions, the Holder’s physical condition, injury, pregnancy, change of residence, or for any other reason.
- Access privileges are NOT TRANSFERABLE (to another person and/or date) and may not be used by anyone other than the designate Ticket Holder. Use of these passes/cards by anyone other than the person to whom the card is issued is a criminal offense. Guests who knowingly let someone else use their card will lose lift privileges for the remainder of the season. The resort reserves the right to revoke lift privileges for these and any other reason deemed necessary. This misuse is considered "Theft of Services" under Section 45- 6-305, MCA, 1978, and carries a fine up to $500 and/or imprisonment up to six months.
- Replacement ticket media for lost or damaged cards can be obtained for a $5.00 fee. Printing a new media deactivates the original media.
- Red Lodge operating times and dates are at the sole discretion of Red Lodge and are subject to change at any time and without notice and without refund or compensation. We may from time to time close the resort or any part of it temporarily to ensure safety, security and order, or if we consider that circumstances so require.
- Red Lodge reserves the right to revoke a ticket and its privileges at any time and for any reason.
