RENTAL WARNING, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT PLEASE READ CAREFULLY BEFORE SIGNING
I understand and agree that skiing, snowboarding, cross-country skiing, sledding, tubing, snow biking, ice skating, or participating in any related activities at Snowy Range, and/or using any of the facilities of Snowy Range, including but not limited to use of the lifts, ski slopes, trails, and equipment for winter activities (hereinafter the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I understand and agree that participating in the Activity, as a skier, snowboarder, sledder, tuber, snow biker, or other participant, makes me a “skier” under the Wyoming Ski Safety Act (W.S. § 1-1-123.1 et. seq.) and that participation in the chosen Activity involves certain inherent dangers and risks. I agree that the following dangers or risks are inherent to the Activity, that the following list is not exhaustive, and that there may be other dangers or risks that are inherent to the Activity that are not hereafter listed: variations in steepness or terrain, whether natural or as a result of ski trail or feature design, or snowmaking or grooming operations such as roads, freestyle terrain, jumps and catwalks, or other terrain modifications; existing, changing, or otherwise dangerous snow conditions; slick or uneven walking surfaces; surfaces covered with ice and snow; rocks, waterbars, storms, lightning, hail, snow, fog, changing weather, and other adverse weather conditions; difficulty with route finding; high altitude; loading, riding, and unloading ski lifts, gondolas, trams, and other conveyance devices; mechanical and equipment failures or malfunction; unmarked and marked rocks, holes, stumps, trees, forest growth, bare spots, streambeds, cliffs, and closed areas; collisions with other users of Snowy Range; avalanches or snow slides; snow immersion; collisions with natural and man-made objects and equipment; impact with ski lift towers, signs, posts, fences or enclosures, hydrants, or water pipes; falling; equipment damage; slipping; tripping; loss of balance; varying visibility; unmaintained trails; path and/or trail obstructions; encountering terrain parks or terrain features; encountering extreme terrain; encounters with wildlife; My own failure to understand and comply with signage; falling objects; encounters with snowmobiles or other motor vehicles; lack of shelter; limited access to and/or delay of medical attention; failed or poorly executed attempts at rescue or medical care; My own health condition; strenuous activity; fatigue; dehydration; hypothermia; altitude sickness; frostbite; sunburn; & mental or emotional damage or distress from exposure to any of the above. In consideration for participating in any activities at Snowy Range, I hereby agree to accept and assume any and all risks in connection with such activities and I agree that this release is applicable to each and every day I participate in any activities at Snowy Range.
I further agree to forever release, discharge, waive, save and hold harmless, indemnify, and defend Snowy Range, the United States, and their respective subsidiaries and/or affiliates, representatives, assignees, officers, directors, shareholders, employees, agents, and insurance carriers (hereinafter “Releasees”) from and against any and all claims, demands, causes of action, liabilities, and any and all medical expenses or other related expenses, including damage to persons or property, asserted by others, by myself, or on my behalf, my estate, executors, heirs, or assigns brought under any theory of legal liability INCLUDING NEGLIGENCE, arising directly or indirectly out of my use of the facilities, ski area or ski lifts at Snowy Range, my use of any and all rental equipment from Snowy Range, or from my presence on Snowy Range Premises. If I want financial protection against personal injuries, then I understand I must obtain my own life, liability and health insurance to protect my family members and myself.
I acknowledge that I will be the only person using the listed equipment during this rental period. I accept for use “as is” the equipment and accept full responsibility for the care of the equipment while in my possession. I warrant that I have made no misrepresentations concerning height, weight, age, ability, experience, or other information provided. I agree that it is solely my responsibility to conduct a reasonable visual inspection of the equipment I will be using, and in doing so, to familiarize with the equipment and its use. I agree to notify Snowy Range if the equipment is not functioning properly, to stop using the equipment and to promptly return such equipment to Snowy Range. I further agree to return all rental equipment to Snowy Range by the agreed date. I will be responsible for the replacement at full retail value of any equipment rented under this agreement but not returned. I understand that a ski boot binding system may not release nor retain at all times nor under all circumstances and is no guarantee of safety. I understand that snowboard, ski blade, and telemark boot binding systems are not designed nor intended to release, and are no guarantee of safety. I warrant that I have educated myself about the benefits and limitations of helmets and other personal protective equipment, and I understand that these items are available for rent or purchase, and that I am taking full responsibility for my choice as to whether I decide to wear such equipment.
I warrant that I am in good physical condition and know of no medical or health reasons why I should not participate in any of the above activities. I authorize Releasees and/or their authorized personnel to transport me or arrange for my transportation to a medical facility should I become incapacitated and unable to make an informed decision. I agree that upon such transport, Releasees shall not have any further responsibility for me and I agree to indemnify and hold harmless Releasees from any costs incurred therein or any claims originating therefrom.
I understand that all terms of this agreement shall be binding upon my heirs, executors, administrators, and assigns and shall be governed by Wyoming law. Any claims brought against Releasees shall be submitted to solely to the jurisdiction of the state courts of Wyoming, or Wyoming federal district courts.
I further understand and agree that this agreement shall be binding to the fullest extent permitted by law and that if any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect.
I FURTHER STATE THAT I AM OF LAWFUL AGE AND LEGALLY COMPETENT AND AGREE AND AGREE TO ABIDE BY THE TERMS AND CONDITIONS SET FORTH HEREIN. I HAVE CAREFULLY READ THIS RELEASE, UNDERSTAND ITS CONTENTS, AND UNDERSTAND THAT THE TERMS OF THIS DOCUMENT ARE CONTRACTUAL AND NOT A MERE RECITAL. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OTHERWISE MAY HAVE AND I HAVE SIGNED THIS DOCUMENT OF MY OWN FREE ACT.
Date: January 25, 2020