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2025 Tamarack Pond Skim

TAMARACK RESORT EVENT PARTICIPANT 

 

WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT 

 

2025 Tamarack Pond Skim

 

PLEASE READ CAREFULLY BEFORE SIGNING. 

 

THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS. 


This agreement is entered into by and between Tamarack Resort Two, LLC, a Florida limited liability company, and its parents, subsidiaries, affiliates, vendors, lessees, contractors and agents, including, but not limited to, Tamarack Resort Holdings, LLC, Tamarack Mountain Operations, LLC, Tamarack Mountain Operations II, LLC, Tamarack Heritage, LLC, Tamarack Candlewood, LLC, Tamarack Real Estate Holdings, LLC, Tamarack Food and Beverage, LLC, TRH-Village, LLC, Tamarack Property Management, LLC, Tamarack Sales, LLC, Tamarack Real Estate, LLC. Tamarack Trademarks, LLC, Tamarack Development, LLC. Tamarack Realty, LLC. MMG Tamarack LLC, IAI Golf, LLC, Tamarack Operations Corp., MMG Tamarack II LLC,. MMG Tamarack III LLC,. Imperium Blue Tamarack Partners LLC, Imperium MMG Tamarack LLC, The Club at Tamarack LLC, Tamarack Municipal Association, Inc., Tamarack Resort Village Plaza Association, Inc., and Lodge at Osprey Meadows Association, Inc., as well as their respective officers, shareholders, members, managers, directors and employees (collectively referred to herein as “Tamarack Resort”) and any person located on any Tamarack Resort property or using any Tamarack Resort facility including but not limited to the ski area, chairlifts, restaurants, retail or lodging facilities and properties, golf course, or marina or the person who is assisting with, preparing for, participating in, attending, and/or competing in the 


4/5/2025 Tamarack Pond Skim (hereinafter referred to as “EVENT”) 


at Tamarack Resort shall be referred to hereinafter as “PARTICIPANT”. “THE UNDERSIGNED” means only the PARTICIPANT when the PARTICIPANT is age 18 or older OR it means both the PARTICIPANT and the PARTICIPANT’S parent or legal guardian when the PARTICIPANT is under the age of 18. THE UNDERSIGNED agree and understand that assisting with, preparing for, participating in, or competing in any uses of the ski area facilities, including use of the lifts or vehicles can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH. 


  


THE UNDERSIGNED are advised that a person using any of the facilities of Tamarack Resort EXPRESSLY ASSUMES THE FOLLOWING RISKS: 


  • Skiing or Snowboarding at a high rate of speed on variable snow surfaces/conditions 
  • Skiing or Snowboarding at a high rate of speed across water
  • Potential of falling into cold water


THE UNDERSIGNED further agree and understand that risks associated with the EVENT, in addition to those previously listed, include, but are not limited to: equipment malfunction; surface conditions; marked and unmarked obstacles; rugged mountainous terrain; slick or uneven riding and walking surfaces, surfaces covered with ice and snow; strenuous activity; high elevation; sharing ski area facilities and golf course and marina EVENT venues with people directly involved and/or not directly involved in the EVENT.  


PARTICIPANT understands and acknowledges he/she has been informed and understands all rules and regulations of participating in the EVENT : 

  

  • Participants agree that high speed Skiing and Snowboarding will be regulated to event location 
  • Participant agrees to adhere to the Skiers Responsibility Code at all times.

The Undersigned agrees and understands that the Activity can be hazardous and involve the RISK OF PHYSICAL INJURY OR DEATH, and such risk is inherent and cannot be reasonably avoided without changing the nature of the Activity. The Undersigned further acknowledges that he/she has read this Agreement, and EXPRESSLY ASSUMES ALL RISKS of the Activity, inherent or otherwise. 

PARTICIPANT is responsible for reading, understanding and complying with all signage, including instructions on the use of the lifts. PARTICIPANT recognizes that he/she must have the physical dexterity and knowledge sufficient to safely load, ride and unload the lifts. PARTICIPANT assumes the risks of riding the lifts and engaging in activities accessible from the lifts. PARTICIPANT understands that snowmobiles, snowmaking, snow-grooming and EVENT preparation equipment may be encountered at any time. PARTICIPANT recognizes that falls and collisions occur and injuries are a common and ordinary occurrence of the EVENT.  


 RECOGNIZING ALL THE RISKS, PARTICIPANT VOLUNTARILY CHOOSES TO TAKE PART IN THE EVENT. 


In consideration of allowing the PARTICIPANT to participate in the EVENT, THE UNDERSIGNED hereby agree to EXPRESSLY ASSUME ALL RISKS associated with the PARTICIPANT’s participation in the EVENT. Additionally, THE UNDERSIGNED agree to HOLD HARMLESS, release, DEFEND and indemnify Tamarack Resort, and each of their respective insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “RELEASED PARTY”) for ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from the PARTICIPANT’s participation in the EVENT, including those claims based on any RELEASED PARTY’s alleged or actual NEGLIGENCE. 

THE UNDERSIGNED take full responsibility for any injury or loss to PARTICIPANT, including death, which PARTICIPANT may suffer, arising in whole or in part out of the EVENT. By signing this release, THE UNDERSIGNED AGREE NOT TO SUE any RELEASED PARTY and agree they are releasing any right to make a claim or file a lawsuit against any RELEASED PARTY. THE UNDERSIGNED further AGREE TO INDEMNIFY each RELEASED PARTY for any and all claims of THE UNDERSIGNED and/or a THIRD PARTY arising in whole or in part from the PARTICIPANT’S participation in the EVENT. THE UNDERSIGNED agree to pay all costs and attorney’s fees incurred by any RELEASED PARTY in defending a claim or suit brought by or on behalf of THE UNDERSIGNED. 

The Undersigned understands that Tamarack may furnish first aid care, including but not limited to: transportation for Participant to a facility where defined medical care can be provided at no expense to Tamarack. The Undersigned understands that the furnishing of medical care is in no way an admission or an assumption of liability on the part of Tamarack, its officers, agents or employees. 

Further, THE UNDERSIGNED agree to pay all costs associated with such medical care and related transportation provided for PARTICIPANT and shall indemnify and hold harmless the RELEASED PARTY from any costs incurred therein, or any claims originating therefrom. 

In consideration for allowing the PARTICIPANT to participate in the EVENT and for using Tamarack Resort, THE UNDERSIGNED agree that ANY AND ALL claims for injury and/or death arising from the PARTICIPANT’s participation in the EVENT shall be GOVERNED BY IDAHO LAW and EXCLUSIVE JURISDICTION of any claim shall be in the District Court residing where the alleged incident occurred or in the Federal Court for the State of IDAHO. 

In the case of a minor PARTICIPANT, the undersigned parent or legal guardian acknowledges that he/she is also signing this release on behalf of the minor PARTICIPANT and that the minor PARTICIPANT shall be bound by all the terms of this release. Additionally, by signing this release as the parent or legal guardian of a minor PARTICIPANT, the parent or legal guardian understands that he/she is waiving certain rights on behalf of the minor that the minor otherwise may have. The undersigned parent or legal guardian agrees that but for the foregoing, the minor would not be permitted to participate in the EVENT. 

By signing this release without a parent or guardian’s signature, the PARTICIPANT represents that he/she is at least 18 years of age, or, if signing as the parent or guardian of the PARTICIPANT, you represent that you are the legal parent or guardian of the minor PARTICIPANT. 

THE UNDERSIGNED agree and understand that this release is applicable to each and every day PARTICIPANT participates in the EVENT. 

THE UNDERSIGNED further agrees that Tamarack Resort and all its affiliates may use photographs of THE UNDERSIGNED/PARTICIPANT with or without name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content. 

This release shall be binding to the fullest extent permitted by law. If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. This release shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of THE UNDERSIGNED. 


I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS, AND AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OTHERWISE MAY HAVE. 


 

3/13/2025

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

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Last Name*
Second Participant's Date of Birth*
Third Participant's Name

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Third Participant's Date of Birth*
Fourth Participant's Name

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Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

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Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

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Sixth Participant's Date of Birth*
Seventh Participant's Name

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Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

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Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

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Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

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Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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