TOTAL ARCHERY CHALLENGE/BRIGHTON RESORT, BOYNE USA, INC WAIVER
ALL PARTICIPANTS/SPECTATORS MUST READ AND SIGN.
PLEASE READ CAREFULLY BEFORE SIGNING THE ACKNOWLEDGMENT, WAIVER AND RELEASE FROM LIABILITY.
I acknowledge that TOTAL ARCHERY CHALLENGE is a test of a person's physical and mental limits and it carries with it potential for death, serious injury and property loss. I HEREBY ASSUME THE RISKS OF PARTICIPATING IN TOTAL ARCHERY CHALLENGE AND IT'S EVENTS. I certify that I am physically fit, have sufficiently trained for participation in this event, and have not been told by anyone that I shouldn't participate. I hereby take the following action for myself, heirs, next of kin, successors and assigns, or anyone else who might claim or sue on my behalf, and I expressly acknowledge that it is my intent to take these actions: (a) I AGREE to abide by the competitive rules adopted by TOTAL ARCHERY CHALLENGE (b) I AGREE that prior to participation in an event, I will inspect the course, facilities, equipment, and areas to be used and if I believe any to be unsafe I will advise the person supervising the event, activity, facility, or area; (c) WAIVE, RELEASE, AND DISCHARGE FROM ANY AND ALL CLAIMS, LOSSES, OR LIABILITIES FOR DEATH, PERSONALLY 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 MY PARTICIPATION IN, OR MY TRAVELING TO AND FROM THE EVENT, THE FOLLOWING PERSONS OR ENTITIES: TOTAL ARCHERY CHALLENGE sponsors, employees, event owners, volunteers, all states, cities, counties, or localities in which events or segments of events are held, and the officers, directors, employees, representatives, volunteers, and agents of any of the above even if such claims, losses, or liabilities are caused by the negligent acts of any other person or entity; I ASSUME THE RISKS OF PARTICIPATING IN THIS EVENT. I ALSO ASSUME ANY AND ALL OTHER RISKS associated with participating in this event all such risks being known and appreciated by me, and I further acknowledge 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; (d) I AGREE NOT TO SUE ANY OF THE PERSONS OR ENTITIES MENTIONED ABOVE IN PARAGRAPH (c) for any of the claims, looses, or liabilities that I have waived, released or discharged herein; (e) I 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) my actions or inaction's, (ii) the actions, inactions of negligence of others including those parties hereby indemnified; (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 event, TOTAL ARCHERY CHALLENGE event, and (f) I GRANT PERMISSION Â for the use of my name and/or likeness relating to my participation in TOTAL ARCHERY CHALLENGE event, and I waive all right to any future compensation to which I may otherwise be entitled as a result of the use of my likeness; (g) I UNDERSTAND and accept that my entry fee is non-refundable under any circumstance. I HEREBY AFFIRM THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER. I HAVE 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
1. I agree that I am personally responsible for my safety and actions while participating at Total Archery Challenge LLC (TAC). I agree to comply with all TAC policies and rules, including but not limited to all TAC policies, guidelines, signage, and instructions. Because TAC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Total Archery Challenge LLC members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third-party attending TAC, or otherwise, while participating in any activity while in, on, or around TAC and/or while using any venue facilities, tools, equipment, or materials. 2. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of the TAC and Venue facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.
3. By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in participating in TAC, to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with State law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. This waiver remains in effect until the State lists all COVID-19 related mandates.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, WARNING, ASSUMPTION OF RISK, INDEMNITY, AND CONSENT TO MEDICAL TREATMENT/TRANSPORT AGREEMENT
BY SIGNING THIS AGREEMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. THE EFFECT OF THIS AGREEMENT MAY VARY FROM JURISDICTION TO JURISDICTION.
PLEASE READ CAREFULLY!
WHENEVER “YOU”, “YOUR”, “I”, “ME”, “MY”, OR “WE” IS USED IN THIS AGREEMENT, IT REFERS TO ALL RELEASORS WITHOUT HAVING TO RESTATE THAT INTENT EVERY TIME “YOU”, “YOUR”, “I”, “ME”, “MY”, “MYSELF”, OR “WE” IS USED.
DEFINITIONS
As used in this Agreement, whether in the singular or plural:
“Activities” means all skiing and snowboarding activities (including clinics and lessons); Events; snowshoeing; touring; guided tours; hiking; uphilling; tubing; tobogganing; Resort provided transportation to and from Activities; Equipment rental, use, tuning or repair; any other access to or use of a Resort, including access to or use of terrain parks, mountain coasters, alpine slides, ice skating, zip lines, climbing walls, tubing facilities, trampolines and other amusement events, facilities or features; food and beverage locations; retail locations; buildings and premises; base areas; gondolas, chairlifts, rope or other tows, moving carpets or other conveyances; vehicles; sidewalks; stairways; trails; and parking lots; and, if volunteering at or for the Resort, all tasks carried out as a volunteer.
“Agreement” means this “Release of Liability, Waiver of Claims, Warning, Assumption of Risk, Indemnity, and Consent to Medical Treatment/Transport Agreement.”
“Equipment” means all equipment offered for use or rent by a Resort, including skis, snowboards, bikes, snowshoes, snowblades, skiboards, boots, poles, bindings, helmets, apparel, goggles, ice skates, tubes, toboggans, or sleds, harnesses, exercise equipment or any other equipment used to participate in an Activity.
“Events” means competitions, races and other special or competitive events, including pre- and post-Event activities such as “warming up” and “cooling down”, training, practicing, the use of training courses and spectating.
“Minors” means all minor participants named below.
“Pass” means the season or other frequency pass product that provides access to a Resort.
“Releasors” means all participants signing this Agreement and all Minors and all other participants on behalf of whom a signatory signs this Agreement.
“Resort” means each ski area, resort, facility and operation accessed with the Pass or at which Releasors participate in Activities, including without limitation Alpine Meadows, Alta Ski Area, Arapahoe Basin Ski Area, Aspen Highlands, Aspen Mountain, Banff Sunshine, Banff Ski School Limited dba SkiBig3, Bear Mountain, Big Sky Resort, Blue Mountain, Boyne Highlands, Boyne Mountain, Brighton Resort, Buttermilk, CMH Heli-Skiing and Summer Adventures, Chamonix Mont Blanc, Copper Mountain, Coronet Peak, Crystal Mountain, Cypress Mountain, Deer Valley Resort, Dolomiti Superski, Eldora Mountain Resort, Jackson Hole Mountain Resort, June Mountain, Killington-Pico, Kitzbűhel, Lake Louise Ski Resort, Loon Mountain, Mammoth Mountain, Mt. Bachelor, Mt Buller, Mt Hutt, Mt. Norquay, Niseko United, Palisades Tahoe, Red Mountain, Revelstoke Mountain Resort, Schweitzer, Snow Summit, Snowbasin Resort, Snowbird, Snowmass, Snowshoe Mountain, Solitude Mountain Resort, Steamboat, Stratton, Sugarbush Resort, Sugarloaf,
Sun Valley, Sunday River, Taos, The Remarkables, The Summit at Snoqualmie, Thredbo, Tremblant, Valle Nevado, Windham Mountain, Winter Park, Zermatt Matterhorn and any other ski area, resort, facility and operation accessed with the Pass or at which Releasors participate in Activities .
PASS ADVISORY
Be advised: You must sign this Agreement to purchase the Pass at a discounted price from the day ticket price or to participate in certain Activities at a Resort.
The Pass does not guarantee access to a Resort for a minimum or a maximum number of days in each season or that a Resort will be open for a minimum or a maximum number of days each season. Use of the Pass to access a Resort is subject to, among other things, the Resort being open and having the capability and/or capacity to grant access. Each Resort reserves the right to close or limit access to the Resort for weather, safety, or any other reason at its sole discretion with or without notice during each season.
I understand, accept and agree that use of the Pass is subject to the length and occurrence of each season, which may be affected by weather, weather-related events, travel advisories, public health or government order, or any other event or occurrence that limits or prohibits a Resort from its full or partial operations.
I understand, accept and agree that the Pass is for the sole use of the individual to whom it is issued, that such individual’s likeness, name, and/or other specific information will be associated with the Pass account and visible to Resort staff, and that the Pass is NOT TRANSFERABLE, CANNOT BE USED BY ANYONE OTHER THAN THE INDIVIDUAL TO WHOM IT IS ISSUED and CANNOT BE RESOLD. I also understand, accept and agree that my Pass may be confiscated, revoked or suspended, if, in the sole judgment and discretion of a Resort or Alterra Mountain Company, I act in any manner that endangers or may endanger the safety of me or another person; I violate the law or Resort policy; or I
provide ski/snowboard lessons, guided tours, or other services at the Resort for compensation without the Resort’s prior express authorization; I use the Pass in a fraudulent manner; or I engage in misconduct, abuse Resort staff or other participants, or create a disturbance or nuisance; or I revoke this Agreement. I further understand, accept and agree that such acts may also be prosecuted as a criminal offense, as applicable. I acknowledge the affirmative duty to immediately notify the issuer if my Pass is lost or stolen.
AGREEMENT EFFECTIVE UNTIL REVOKED
I UNDERSTAND, ACCEPT AND AGREE THAT THIS AGREEMENT WILL REMAIN IN EFFECT UNTIL I PROVIDE WRITTEN REVOCATION TO EACH APPLICABLE RESORT OR TO IKON PASS, INC., IF THE REVOCATION IS INTENDED TO APPLY TO ALL RESORTS, AND THE REVOCATION IS COUNTERSIGNED BY AN AUTHORIZED SIGNATORY OF EACH APPLICABLE RESORT OR IKON PASS, INC., IF THE REVOCATION IS INTENDED TO APPLY TO ALL RESORTS. THIS AGREEMENT CANNOT BE MODIFIED. I UNDERSTAND THAT THIS AGREEMENT WILL APPLY TO EACH DAY AND EACH SEASON THAT I OR ANY RELEASOR ACCESS A RESORT AND TO EACH ACTIVITY THAT I OR ANY RELEASOR PARTICIPATE IN AT A RESORT WITHOUT REQUIRING ME OR ANY RELEASOR TO SIGN AN ADDITIONAL AGREEMENT.
ACKNOWLEDGMENT OF DANGERS AND RISKS
I understand, accept and agree that participation in Activities, including the use of Equipment, is HAZARDOUS and involves risks of bodily injury that may include serious permanent disability or death. I acknowledge and accept all dangers and risks associated with the Activities, including the use of Equipment, whether or not expressly listed in this Agreement, whether or not known and unknown to me, or whether or not they are inherent risks of the Activities, including the use of Equipment. UNDERSTANDING AND ACCEPTING ALL
RELEASE OF LIABILITY, WAIVER OF CLAIMS, WARNING, ASSUMPTION OF RISK, INDEMNITY, AND CONSENT TO MEDICAL TREATMENT/TRANSPORT AGREEMENT
BY SIGNING THIS AGREEMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. THE EFFECT OF THIS AGREEMENT MAY VARY FROM JURISDICTION TO JURISDICTION.
PLEASE READ CAREFULLY!
DANGERS AND RISKS, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT, OR VOLUNTARILY CHOOSE TO ALLOW ANY RELEASOR TO PARTICIPATE IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT.
I understand, accept and agree that the Activities involve numerous dangers and risks including unpredictable or variable snow or weather conditions; extreme cold; frostbite; hypothermia; high elevation; wildlife and domestic animal encounters; exposure to the elements; lack of shelter; trees, stumps, branches, and limbs; tree wells; marked and unmarked obstacles; natural or artificial features, objects, or debris; snow immersion; deep snow conditions; slush; ice; bare spots; unstable ice and snow (including but not limited to snow slides and avalanches); changes or variations in terrain or snow conditions; surface and subsurface conditions; open water hazards; rugged mountainous terrain; cliffs; ravines; collisions with other skiers, snowboarders and participants, snowmobiles, snowmaking and snow-grooming equipment or other vehicles, property or structures; operation of snowmaking equipment which may create blind spots or areas of reduced visibility; acts of other skiers, snowboarders and participants; carelessness and misjudgments on the part of other participants, Releasors, or Resort staff, including failure to follow applicable rules, policies and procedures; use of gondolas, chairlifts, rope or other tows, moving carpets, or any other conveyance which may involve entanglement with equipment, objects, or other skier, snowboarder participant, or other individual, errors in loading/unloading, and equipment malfunction or breakdown; slick or uneven walking surfaces.
I understand, affirm and agree that: (i) I have the physical fitness and dexterity and the knowledge required to safely load, ride and unload the gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances; (ii) falls, collisions and injuries are a common and ordinary occurrence of the Activities; (iii) I shall obey all signs, markings, ropes and warnings posted at the Resort and all applicable laws and regulations; (iv) entering or skiing or snowboarding in a “CLOSED” area may be illegal and/or result in revocation or suspension of the Pass or lift ticket; (v) skiing or snowboarding off of designated trails may be more dangerous to me and others than skiing or snowboarding on designated trails; (vi) there are risks involved in decision-making and conduct of others including risks involved with rescue operations and medical care conducted or provided by Resort staff or third parties inside or outside of Resort boundaries, risks associated with decision-making by Resort staff to open and close terrain, and the risk that Resort staff may misjudge weather, trail or snow conditions, route/terrain selection, or limitations of Releasor’s abilities that may make a certain aspect of the Activity inappropriate for the Releasor; and (vii) I will exercise caution around and will avoid snowmobiles, sno-cats, snowmaking and snow-grooming equipment, vehicles, structures, signs, immovable objects or other property that I may encounter at any time. Further, I accept the responsibility to maintain deliberate and conscious control and to take precautions to avoid hazards at all times while skiing, snowboarding or participating in other Activities.
If applicable, I agree to read to, or to have Minor or other Releasors read, and to explain to Minor or other Releasors, if necessary, all posted Resort policies, signs, markings, and warnings including instructions on the use of gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances.
EQUIPMENT
I REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY ME OR ANY RELEASOR ONLINE OR TO RESORT STAFF, INCLUDING HEIGHT, WEIGHT, AGE, EXPERIENCE LEVEL AND SKIER/RIDER TYPE CLASSIFICATION WILL BE ACCURATE AND COMPLETE.
I agree to inspect all Equipment before use. I understand, accept and agree that I may not be available or present when my Equipment is fitted and adjusted and I waive the opportunity to verify the helmet size and fit and binding settings and I hereby authorize Resort staff to fit the helmet size and set the binding settings. I understand, accept and agree that, although I may be wearing a helmet, a helmet cannot guarantee my safety and no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s face, neck or spinal cord. I accept for use “AS IS” and without any warranty express or implied any Equipment I use for an Activity and to return either before use or promptly after discovery, for replacement or repair, any Equipment believed by me to be damaged or defective in any way or requiring adjustment. I accept full responsibility for the care of the Equipment used for an Activity and agree that I will be responsible for the replacement at full retail value of any Equipment damaged or not returned. I understand and agree that bindings may not release, or may release, in all situations where release, or non-release, may prevent injury and therefore bindings cannot guarantee my safety. I understand that undesired release or non-release are inherent risks of using any binding system. In snowboarding, cross-country, telemark skiing, snowshoeing, snowblading, ski boarding with skiboards or any other Equipment not equipped with release bindings, I understand, accept and agree that the binding system may not be designed to, and therefore will not ordinarily, release during use.
SNOW SCHOOL
I understand, accept and agree that if I participate in ski and snowboard lessons at a Resort, (a) I have the sufficient mental, emotional and physical stamina to participate in the Activity (b) I have the responsibility to follow the instructions of Resort staff; (c) I have the responsibility to obey all signs, markings and warnings posted at the Resort, comply with Resort policies, and act in a safe manner; (d) I should or may be required to wear a protective helmet; (e) I am responsible for disclosing to Resort staff any pre-existing medical condition that may affect my ability to participate in the Activities; and (f) that Resort staff cannot at all times maintain close enough visibility of or proximity to me to intervene, for any reasons including when using gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances on my own or with other participants.
COMPETITIONS AND EVENTS
If I participate in Events, I understand, accept and agree that (a) I assume all dangers and risks associated with the Event and training course(s) including their features, layout, location, steepness, length, obstacles, and difficulty level, and (b) I am solely responsible for inspecting the features, layout and other aspects of the Event and training course(s) prior to using them and determining in my sole discretion whether I am comfortable with and fit for participating in the Event.
VOLUNTEERS
If I volunteer to assist with the preparation, administration, management or governance of an Activity, I understand, accept and agree that (a) I am not an employee of the Resort, regardless of any non-cash remuneration for time and services which I may receive, (b) I am not covered by Workers’ Compensation nor entitled to any benefits under Workers’ Compensation law, except for those jurisdictions in which I would be covered as a matter law, and (c) I am hereby advised to obtain my own medical coverage for my volunteer position.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, WARNING, ASSUMPTION OF RISK, INDEMNITY, AND CONSENT TO MEDICAL TREATMENT/TRANSPORT AGREEMENT
BY SIGNING THIS AGREEMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. THE EFFECT OF THIS AGREEMENT MAY VARY FROM JURISDICTION TO JURISDICTION.
PLEASE READ CAREFULLY!
ASSUMPTION OF RISK, WAIVER, RELEASE, AGREEMENT NOT TO SUE, AND INDEMNIFICATION
In consideration for permitting me to participate in Activities, including use of Equipment, and with knowledge of the dangers and risks involved, I UNDERSTAND, ACCEPT AND AGREE to: (1) ASSUME ANY AND ALL RISK OF PROPERTY DAMAGE, INJURY OR DEATH to me arising from my participation in any Activity, use of Equipment or the administration of Care; (2) WAIVE, RELEASE, and NOT SUE, MAKE ANY CLAIM OR FILE ANY ACTIONS against the United States Department of Agriculture Forest Service, City and County of Denver, CO, Winter Park Recreational Association, Blue Mountain Ski Club (1940), Inc., Alterra Mountain Company, IKON Pass, Inc., any Resort, and any of their respective owners, landlords, operators, parents, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, employees, volunteers, Resort staff, agents, insurers, as well as any Activity sponsors and Equipment manufacturers and distributors (the “Released Parties”) that are based on, arise or result from in whole or in part, the Pass, use of the Pass, participation in any Activities, use of Equipment or the administration of Care, and without limitation claims arising out of or resulting from ALLEGED OR ACTUAL NEGLIGENCE, BREACH OF ANY STATUTORY DUTY, where legally permissible, BREACH OF CONTRACT, OR BREACH OF WARRANTY by any of the Released Parties, and if the alleged incident occurred in Ontario or Alberta any duty of care owed under the applicable Occupiers’ Liability Act and if the alleged incident occurred in British Columbia any duty of care owed under the Occupier’s Liability Act; (3) PERSONALLY INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS from and against any and all claims, demands, actions, causes of action, losses or liabilities whatsoever arising from or related to use of the Pass, participation in any Activities, use of Equipment or administration of Care, and any loss, damage or injury, including death, that may be sustained by me, or caused to other participants or their property by me, whether such matters are brought by a third party or brought by me. I agree to pay all costs including, reasonable attorneys’ fees and disbursements, incurred by any Released Party in defending an investigation, claim or suit brought on my behalf as a result of my use of the Pass, participation in an Activity, use of Equipment or administration of Care. I understand and agree that by accepting this Agreement on behalf of any person other than myself (including Minors), I am representing and warranting that I am legally authorized to execute this Agreement on their behalf, and that by doing so I agree to PERSONALLY INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties from and against any and all claims brought by or on behalf of every person on whose behalf I have executed this Agreement, should they refuse to accept or carry out the terms and conditions of this Agreement.
CONSENT TO MEDICAL TREATMENT/TRANSPORT
I authorize the Resort, Resort staff and/or authorized personnel to call for medical care, treatment and/or procedures (collectively “Care”) for me or to transport me to a medical facility or hospital if, in the opinion of Resort staff and/or authorized personnel, Care is needed. I also consent to any Care given by Resort staff and/or authorized personnel prior to transport to a medical facility or hospital. I knowingly and voluntarily consent in advance to such Care provided it is necessary in the reasonable judgment of Resort staff and/or authorized personnel. Further, I agree to pay all costs associated with such Care and transportation provided for me and to indemnify and hold harmless the Released Parties from any costs incurred therein.
GOVERNING LAW, JURISDICTION, WAIVER OF JURY TRIAL
In consideration for permitting me to participate in Activities, I agree that, to the fullest extent permitted by law, ALL claims arising from or related to any Activity including bodily injury, permanent disability, or death, and all matters concerning this Agreement, shall be GOVERNED BY THE LAW OF THE STATE IF IN THE UNITED STATES OR PROVINCE IN CANADA WHERE SUCH ALLEGED INCIDENT OCCURRED, without regard to any conflict of law principles, and that EXCLUSIVE JURISDICTION shall be THE STATE, PROVINCIAL OR FEDERAL COURT WITH JURISDICTION WHERE THE ALLEGED INCIDENT OCCURRED. I VOLUNTARILY AND IRREVOCABLY WAIVE ANY OBJECTION TO SUCH LAW AND JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY VOLUNTARILY AND IRREVOCABLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY AND ALL CLAIMS ARISING FROM OR RELATED TO ANY ACTIVITY, INCLUDING FOR INJURY TO PERSON OR PROPERTY AND/OR DEATH.
CONSENT TO USE OF IMAGE
To the extent captured at the Resort or through an interaction with the Resort, I grant to the Resort (including agencies, and contractors acting on their behalf) a worldwide, royalty-free, irrevocable, non-exclusive and sub-licensable right and license to reproduce, modify, publish and distribute my name, image, likeness and performance in any and all forms of media now known or hereafter devised, including online and in social media.
AUTHORITY AND CAPACITY
This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be void or unenforceable as a matter of law, it shall be deemed severed from this Agreement, and the remaining terms shall survive and remain in full force and effect. I REPRESENT AND WARRANT THAT A) I HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT UNDER APPLICABLE LAW; AND B) IF A PARENT, LEGAL GUARDIAN, SPOUSE OR OTHER REPRESENTATIVE OF THE RELEASOR(S), I AM LEGALLY AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF OTHER RELEASOR(S), AND THAT SUCH RELEASOR(S) WILL BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. I UNDERSTAND AND AGREE THAT IF THIS AGREEMENT IS NOT SIGNED ON BEHALF OF OTHER RELEASORS, OTHER RELEASORS SHALL NOT PARTICIPATE IN ANY ACTIVITY COVERED BY THIS AGREEMENT. This Agreement shall be binding upon my and each Releasor’s assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.
WHEN YOU SKI IN ALBERTA, BRITISH COLUMBIA OR ONTARIO, CANADA, THE FOLLOWING SHALL APPLY: By signing this Agreement, you waive or give up certain legal rights including, but not limited to, THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE APPLICABLE OCCUPIERS LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT OR INJURY.
WHEN YOU SKI IN CALIFORNIA, THE FOLLOWING SHALL APPLY: This Agreement shall apply to and cover any and all damages, and other claims or rights of action, whether known, unknown, speculative or ascertained in the future, and I and all Releasors expressly waive all rights under section 1542 of the Civil Code of the State of California, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
I am advised, understand and agree that sections 602(r) and 653i of the California Penal Code shall apply to me, if applicable. I also agree that any action under this Agreement shall be governed by California law, with exclusive jurisdiction in the Superior Court of the County where the alleged incident occurred.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, WARNING, ASSUMPTION OF RISK, INDEMNITY, AND CONSENT TO MEDICAL TREATMENT/TRANSPORT AGREEMENT
BY SIGNING THIS AGREEMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. THE EFFECT OF THIS AGREEMENT MAY VARY FROM JURISDICTION TO JURISDICTION.
PLEASE READ CAREFULLY!
WHEN YOU SKI IN COLORADO, THE FOLLOWING SHALL APPLY: I understand and agree that under Colorado law any person using a ski area for the purpose of skiing, which includes, without limitation, sliding downhill or jumping on snow or ice on skis, a toboggan, a sled, a tube, a snowbike, a snowboard or any other device; or for the purpose of using any of the facilities of a ski area, including but not limited to ski slopes and trails is considered a “skier” and, further, that Colorado law provides that a skier using the facilities of a ski area assumes certain “inherent dangers and risks of skiing” as defined in the Colorado Ski Safety Act (the “CO Act”). IN ADDITION, I ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BY SIGNING THIS AGREEMENT, ON BEHALF OF MYSELF AND, IF APPLICABLE, ON BEHALF OF THE OTHER RELEASORS, I AND THEY ARE VOLUNTARILY ASSUMING ALL DANGERS AND RISKS OF SKIING, INHERENT OR OTHERWISE, AND ARE WAIVING RIGHTS, AND RELEASING CLAIMS IN CONNECTION WITH DANGERS AND RISKS ABOVE AND BEYOND THOSE ADDRESSED BY THE CO ACT.
WHEN YOU SKI IN IDAHO, THE FOLLOWING (IN ADDITION TO ALL OTHER APPLICABLE LAWS) SHALL APPLY: Under Idaho Code Annotated Title 6-1101 through 6- 1109 as amended or modified, no skier or passenger may make any claim or recover from any ski area operator for any losses or damages where the violation of duty is causally related to the loss or damage suffered resulting from violations of the duties of skiers or passengers.
WHEN YOU SKI IN ITALY, THE FOLLOWING SHALL APPLY: By signing this agreement, I expressly acknowledge the content and entirely accept the general terms and conditions of the Federconsorzi Dolomiti Superski, available on the web site www.dolomitisuperski.com. I accept and agree that all claims arising or related to any activity shall be governed by the Italian law and that exclusive jurisdiction shall be the Court of Bolzano. I am specifically advised understand and accept that according to Italian law (i) minors under the age of 18 must wear a protective helmet that complies with the characteristics prescribed by legislative decree no. 40/2021; (ii) it is mandatory for every skier to hold a valid liability insurance policy to cover damage or injury to third parties. Any breach of this obligations is sanctioned with a pecuniary administrative sanction and the withdrawal of the ski pass imposed by the Public Authorities responsible for control.
WHEN YOU SKI IN MONTANA, THE FOLLOWING SHALL APPLY: 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.
WHEN YOU SKI IN NEW MEXICO, THE FOLLOWING SHALL APPLY: Each Releasor agrees the exclusive remedy against the Resort is the New Mexico Ski Safety Act (NMSA 24-15-1 et seq) and that they are bound by its terms, and that they should obtain health, accident and life insurance BEFORE participating in the Activities.
WHEN YOU SKI IN NEW YORK, THE FOLLOWING SHALL APPLY: When skiing or riding in the state of New York skiers and ski lift passengers are governed by the New York State Safety in Skiing Code (Article 18 of the NYS General Obligations Law).
"Warning to Skiers: Downhill skiing, like many other sports, contains inherent risks including, but not limited to the risk of personal injury, including catastrophic injury, or death, or property damage, which may be caused by variations in terrain or weather conditions; or, surface or subsurface snow, ice, bare spots or areas of thin cover, moguls, ruts, bumps; or other persons using the facilities; or, rocks, forest growth, debris, branches, trees, roots, stumps; or, other natural objects or manmade objects that are incidental to the provision or maintenance of a ski facility in New York State. New York law imposes a duty on you to become apprised of, and understand, the risks inherent in the sport of skiing, which are set forth in this subdivision, so that you may make an informed decision of whether to participate in skiing notwithstanding the risks. New York law also imposes additional duties upon you, to which you must adhere, for the purpose of avoiding injury caused by any of the risks inherent in skiing. If you are not willing to assume all of these risks and abide by all of these duties, you must not participate in skiing at this ski area."
WHEN YOU SKI IN QUEBEC, CANADA, THE FOLLOWING SHALL APPLY: I agree that I will comply with the Mountain Code of Conduct and all other regulations and safety rules enforced by the Resort. I hereby waive my right to terminate this Agreement pursuant to Section 2125 of the Civil Code of Quebec. I and each Releasor agrees to this Agreement’s terms and conditions as drafted in the English language. Je consens à ce que cette entente soit rédigée en anglais.
WHEN YOU SKI IN UTAH, THE FOLLOWING (IN ADDITION TO ALL OTHER APPLICABLE LAWS) SHALL APPLY: Under Utah Code Annotated 78B-4-401 through 406 as amended or modified, no skier may make any claim against or recover from any ski area operator for injuries resulting from any of the inherent risks of skiing.
WHEN YOU SKI IN WYOMING, THE FOLLOWING SHALL APPLY: WARNING. Under Wyoming law, a skier assumes the inherent risks of skiing and is legally responsible for damage, injury or death to person or property that results from the inherent risks of skiing.
I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT, I UNDERSTAND ITS CONTENTS, AND I AM AWARE THAT BY ACCEPTING AND AGREEING TO THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, SUBROGORS, DISTRIBUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASED PARTIES. BY CLICKING “I AGREE” OR SIGNING BELOW, I WARRANT THAT I HAVE THE AUTHORITY AND EXPRESS CONSENT TO SIGN THIS AGREEMENT ON MY OWN BEHALF AND ON BEHALF OF ALL OTHER RELEASORS.
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