SKI & SNOWBOARD CLUB VAIL LIABILITY RELEASE
THIS IS A LEGAL DOCUMENT AND CONTAINS A WAIVER OF CERTAIN LEGAL RIGHTS.
PLEASE CONSULT A LAWYER BEFORE SIGNING THIS DOCUMENT.
The undersigned competitor/program participant being at least 18 years of age,
The undersigned represents that he or she is the parent or legal guardian of Competition/ Program Participant
Further, the undersigned warrants and represents that the competitor/program participant is in good health and that there are no physical or other problems associated with the competitor/program participant and the undersigned has left no instructions regarding the competitor/program participant that have not been listed on the registration form.
I/we understand and accept the fact that snowboarding and alpine skiing in its various forms are HAZARDOUS sports that have many dangers and risks. It is further understood that training or racing competitively is more HAZARDOUS than recreational skiing or snowboarding. I/we realize that injuries are a common and ordinary occurrence of this sport. I/we agree as a condition of being allowed to use the ski area facility and premises, that I/we freely accept and voluntarily ASSUME ALL RISK OR PERSONAL INJURY OR DEATH or property damage which results in any way from negligence, conditions on or about the premises and facilities, the operation of the ski area including, but not limited to, grooming, snowmaking, ski lift operations, actions or omissions of employees or agents of Vail Resorts ("VR"), actions or omissions of the employees or agents of Ski & Snowboard Club Vail ("SSCV"), or competitor/program participant's participation in snowboarding, skiing, training/clinic, any competitive event or any continuance thereof, or in the course of travel to or from any such event, or other activities at the area, or from any other associated cause whatsoever.
To maximize opportunity to participate in sporting, recreational, educational, and other activities where risk is present, and to the fullest extent permitted by Colorado law, the undersigned hereby releases and waives his child's prospective claim for negligence, or if 18 or older his/her own claim for negligence, and any liability , whether known or unknown, even though that liability may arise out of negligence or carelessness on the part of persons or entities mentioned above, in connection with any activity for which SSCV, VR, their employees or agents could be liable including, but not limited to, on mountain activities, transportation, training activities of all kinds, and any other SSCV related activities. In the event a claim is brought against SSCV, VR , either's affiliates, agents, or employees, the undersigned recognizes that by virtue of bringing such claim, SSCV will suffer losses, economic and otherwise. Therefore, the undersigned agrees to indemnify and hold SSCV and VR harmless for any and all attorney fees and costs associated with any such action.
I/we agree that competitor/program participant is a competitor/program participant at all times, whether practicing for competition, in competition, or in clinics. I/we agree that competitor/program participant is always provided an opportunity to conduct a reasonable, visual inspection of the training course. I/we agree and understand that the competitor/program participant will be held to assume the risk of all course conditions including, but not limited to, weather and snow conditions, course construction or layout and obstacles.
WARNING Under Colorado law, a skier assumes the risk of any injury to person or property resulting form any of the inherent dangers and risks of skiing and may not recover from any ski area operator for any injury resulting form any of the Inherent dangers and risks of skiing, including changing weather conditions; existing and changing snow conditions; bare spots; rocks; stumps; trees; collisions with natural objects, man made objects, or with skiers; variations in terrain; and the failure of skiers to ski within their own abilities.
SSCV assumes no risk, responsibility, or liability for any participant either while en route to or from any event in which one or more of the component parties of the undersigned participate, or while staying in a location (city, town, resort, etc ) either before or after such participation.
I/we freely accept the full responsibility for any and all damages or injury of any kind which may result and agree to indemnify and hold SSCV and VR, as well as their subsidiaries, their affiliates, their respective officers, directors, agents, servants, and employees, acting officially or otherwise, harmless from and against any claim, demand, action or cause of action arising out of or on account of any injury or damage to said competitor/program participant or competitor/program participant's property arising from the negligence or other conduct of the above entities and persons affiliated with said entities.
The competitor/program participant authorizes SSCV authorized personnel to call for medical care for the competitor/program participant and/or to transport the competitor/program participant to a medical facility or hospital if in the opinion of such personnel, medical attention is needed for the competitor/program participant. The undersigned agrees that upon the transporting of the competitor/program participant to any such medical facility or hospital that SSCV shall not have any further responsibility for the competitor/program participant. Further, the competitor/program participant agrees to pay all costs associated with such medical care and related transportation for the competitor/program participant and shall indemnify and hold harmless SSCV from and against any costs incurred therein, as provided in the preceding paragraph. Further, competitor/participant shall be solely responsible for the cost of any medical care received.
In exchange for, and in consideration of, VR making the skiing area available to me for participation in training, competition or clinics in the sport of competitive skiing and/or snowboarding, I CONTRACTUALLY AGREE that any and ALL DISPUTES between SSCV and/or VR and me arising from my participation in the sport of competitive skiing and/or snowboarding, and INCLUDING any claims for personal injury and/or death, will be GOVERNED BY THE LAWS OF THE STATE OF COLORADO and EXCLUSIVE JURISDICTION thereof will be in the state court residing in the county where the alleged tort occurred or state courts of the State of Colorado.
This release shall be binding upon the assignees, heirs, next of kin, executors and administrators of the undersigned and may be applied by SSCV and/or VR as a complete bar and defense against any claim, demand, action or cause of action by or on behalf of the undersigned.
In signing this release, the undersigned hereby acknowledges and represents:
A. That all parties comprising the "undersigned" have investigated the particular program(s) in which some of such parties shall participate and are also familiar with the practices and procedures of SSCV.
B.That the undersigned parent or legal guardian has unconditional right, power, and authority to execute this release in such capacity and on behalf of the minor participant herein below identified.
C. The undersigned acknowledges that the competitor/program participant possesses adequate medical insurance coverage (copies attached).
I/WE HAVE CAREFULLY READ AND UNDERSTAND THE TERMS OF THIS RELEASE AGREEMENT. I/WE ARE SIGNING IT FREELY AND REALIZE THAT IT IS BINDING UPON ME, MY HEIRS AND ASSIGNS, AND IN THE EVENT I AM SIGNING IT ON BEHALF OF ANY MINORS, THAT I HAVE FULL AUTHORITY TO DO SO, REALIZING ITS BINDING EFFECT ON SUCH MINOR(S) AS WELL AS MYSELF.
Further, full permission is hereby given to use any photographs or moving images of said competitor/program participant taken during any competitive event or training exercise for any purpose in promoting events of SSCV.
SSCV COMPETITION, RACING AND TRAINING
RELEASE OF LIABILITY, WAIVER CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
WARNING: PLEASE READ CAREFULLLY BEFORE SIGNING! THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SURE OR CLAIM COMPENSATION
1. The person who is taking part in ski, snowboard, or other winter sport racing, competition, or training activities as an athlete, coach, staff
member, volunteer, event credential holder, spectator, or other participant is referred to as “Participant.” I am the Participant or, if the
Participant is a minor/infant, I am the Participant’s parent or legal guardian. I understand that skiing, snowboarding, winter sports recreation,
race training, competition, ski or snowboard testing, other equipment testing, wax testing, using freestyle terrain or terrain park features,
performing any other training or competition related activities, and/or using any of the facilities of the ski area, including but not limited to use
of the lifts, ski slopes, trails, and other equipment, for any purpose (the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF
PHYSICAL INJURY AND/OR DEATH.
2. I understand the dangers and risks of the Activity and that the Participant, as a “skier” and/or “competitor” (as may be defined by statute
or other applicable law), ASSUMES ALL INHERENT DANGERS AND RISKS.
3. Exposure to COVID-19, disease and sicknesses (“sickness”) is an inherent risk of the Activity. Every Participant has the responsibility to enjoy a safe and healthy experience. The resort cannot eliminate the risk that a Participant is exposed while engaged in the Activity. The Participant agrees it is his or her responsibility to (1) follow all instructions, signage, warnings, and guidelines; (2) stay home if sick or experiencing symptoms of any sickness; (3) wear a face covering and maintain at least 6 feet physical distancing from other guests, including in lift lines; and (4) wash and sanitize hands frequently.
4. I expressly acknowledge and assume additional risks and dangers that may result in property damage, physical injury and/or death that may be above and beyond the inherent dangers and risks of the Activity, including but not limited to: Falling or loss of balance; icy, slick or uneven surfaces; avalanches, cornices and crevasses; collisions with natural or man-made objects or other people; bumps, tree wells, downed timber, rocks, drainage channels, holes, debris, and other rugged mountainous terrain; marked and unmarked obstacles; unmaintained or unmarked trails/roads or trail obstructions; the negligence of Participant, Ski Area employees, event officials or organizers, a guide/instructor, or others (including selection of terrain that exceeds Participant’s ability); guests’ failure to comply with signage; collisions with snowmobiles and/or other motor or over-snow vehicles; equipment malfunction, failure or damage; improper use or maintenance of equipment; misloading, entanglements, or falls from ski lifts; varying visibility, storms, lightning, hail, snow and other adverse weather; becoming lost or separated; lack of shelter; limited access to and/or delay of medical attention; Participant’s health condition, physical exertion, exhaustion, dehydration, hypothermia, altitude sickness, other sickness, or frostbite; and/or mental distress from exposure to any of the above. I UNDERSTAND THAT THE DESCRIPTION OF THE RISKS IN THIS AGREEMENT IS NOT COMPLETE AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY, WHETHER OR NOT DESCRIBED HERE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
5. Participant assumes the responsibility of maintaining control at all times while engaging in the Activity and for reading, understanding and complying with all signage, including instructions on the use of lifts. Participant must have the physical dexterity and knowledge to safely load, ride and unload the lifts. I understand that a minor/infant Participant may use the ski lifts without an adult present or may ride the ski lifts with non-employee guests. I understand that snowmobiles, snowmaking equipment, and snow-grooming equipment may be encountered at any time, and that falls, collisions and injuries are common.
6. I agree that the Participant is a “competitor” at all times, whether practicing for competition or in competition, that Participant shall inspect the training and competition courses prior to participating in the Activity, and that Participant assumes the risk of all course conditions, including but not limited to course construction, layout and obstacles.
7. Additionally, in consideration for allowing the Participant to participate in the Activity, I AGREE, to the greatest extent permitted by law, TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE Vail Resorts, Inc., The Vail Corporation, Trimont Land Company, Heavenly Valley, Limited Partnership, VR US Holdings, Inc., VR US Holdings II, LLC, VR CPC Holdings, Inc., VR NE Holdings, LLC, VR NW Holdings, Inc., Whistler Blackcomb Holdings Inc., Blackcomb Skiing Enterprises Limited Partnership, Whistler Mountain Resort Limited Partnership, Peak Resorts, Inc., each of their affiliated companies and subsidiaries, the resort owner/operator, land owner, activity operator, the equipment manufacturer, Activity organizer, Activity promoter, United States Ski & Snowboard Association, Snow Park Technologies, LLC, The Burton Corporation, Beaver Creek Resort Company, TSG Ski & Golf, LLC, the United States, Her Majesty The Queen In Right Of The Province Of British Columbia and all their respective insurance companies, successors in interest, commercial & corporate sponsors, affiliates, agents, employees, representatives, assignees, officers, directors, and shareholders (each a “Released Party”) FOR ANY INJURY, INCLUDING DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, WHICH I OR PARTICIPANT MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING IN BRITISH COLUMBIA ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT AGAINST THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY. In further consideration for allowing Participant to participate in the Activity, I FURTHER RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT I MAY NOW HAVE AGAINST ANY RELEASED PARTY AND UNDERSTAND THIS RELEASES ALL CLAIMS, INCLUDING THOSE OF WHICH I AM NOT AWARE, THOSE NOT MENTIONED IN THIS RELEASE AND THOSE RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW.
8. I ALSO AGREE TO PAY ALL COSTS, INCLUDING ATTORNEYS’ FEES, INCURRED BY ANY RELEASED PARTY IN DEFENDING AN INVESTIGATION, CLAIM OR LAWSUIT BROUGHT BY OR ON PARTICIPANT’S BEHALF WHETHER ARISING IN WHOLE OR IN PART FROM PARTICIPANT’S PARTICIPATION IN ANY ACTIVITY OR FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS AGREEMENT.
9. I grant the Released Parties the right of publicity to own and use any image collected of Participant while participating in the Activity.
10. I represent that Participant is in good health and that there are no special problems associated with Participant’s physical or mental condition. I authorize a licensed physician or other medical care provider to carry out any emergency medical care for Participant which may be necessary and agree to be fully responsible for any costs associated with such care or transport to such care.
11. I agree that any and all claims for loss, injury and/or death arising from Participant’s participation in the Activity shall be governed by the law of the State or Province where the alleged incident occurred and that EXCLUSIVE JURISDICTION of any such claim shall be in a court of competent jurisdiction in the in the State or Province where the alleged incident occurred, except that all cases arising out of an alleged incident at (a) Heavenly Mountain shall be governed by California law and the exclusive jurisdiction of any such claim will be a California court of competent jurisdiction; and (b) Hunter Mountain shall be governed by New York law and the exclusive jurisdiction of any such claim will be in the Supreme Court of the State of New York, County of Greene or in the US District Court for the Northern District of New York.
12. BY SIGNING ON BEHALF OF A MINOR/INFANT OR OTHER PARTICIPANT, I REPRESENT THAT I AM AUTHORIZED TO SIGN ON PARTICIPANT’S BEHALF and/or I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR/INFANT PARTICIPANT and acknowledge that Participant is bound by all the terms of this Agreement. I understand that the minor/infant Participant would not be permitted to take part in any of the Activities unless I agree to the terms of this Agreement. By signing this Agreement without a parent or legal guardian’s signature, I represent, under penalty of fraud that I am at least 18 years old (US) or 19 years old (Canada). I understand that a minor/infant Participant may use the ski lifts without an adult present or may ride the ski lifts with non-employee guests.
13. I understand that this Agreement will apply for each and every day participant engages in any Activity during the applicable operating season. I understand that this Agreement is a contract and, to the fullest extent permitted by law, shall be binding on me and my assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.
14. FOR WILMOT MOUNTAIN ONLY: I understand that, for a fee per person per day in addition to the normal price, Wilmot Mountain offers an optional Agreement that does not require me to sign a Release of Liability. In signing this Release of Liability, I acknowledge I am aware of this option, do not wish to pay this fee, accept the full scope of this Release of Liability and hereby waive my right to purchase the same.
I HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY CHILD OTHERWISE MAY HAVE.
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Dated: January 22, 2021