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Donek Snowboards

Release of Liability Waiver

HOLD-HARMLESS, RELEASE OF LIABILITY, INDEMNITY AGREEMENT AND

CONSENT FOR MEDICAL TREATMENT

PLEASE READ CAREFULLY BEFORE SIGNING.

 

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

 

"HOLDER"means the undersigned, being at least 18 years old, or the minor user (under 18) and the undersigned parent or legal guardian of the minor signing on behalf of himself/herself and the minor (hereinafter individually and collectively the "HOLDER"). HOLDER agrees and understands that skiing, snowboarding and/or any other uses of the ski area facilities, ACTIVITIES OR EQUIPMENT, (hereinafter the "Activity") can be hazardous. "Released Parties" means the ski area (hereinafter the "ski resort"), Donek Snowboards, their subsidiaries and affiliates, their respective officers, directors, agents, employees, servants and volunteers and any Sponsors of the ski resort, or Donek Snowboards.

 

WARNING

Under state law, a skier assumes the risk of any injury to person or property resulting from any of the inherent dangers and risks of skiing and may not recover from any ski area operator for any injury resulting from 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 other skiers; variation in terrain; and the failure of skiers to ski within their own abilities.

Holder realizes that falls and collisions occur and injuries may result from engaging in the Activity. Pursuant to state law, Holder assumes the responsibility of maintaining control at all times while engaging in the Activity. Holder is advised that, under state law, a person using any of the facilities of the ski area is considered a skier. Holder is responsible for reading, understanding and complying with all signage, including instructions on use of lifts. Holder understands that he/she must have the physical dexterity and knowledge to safely load, ride and unload the lifts. Holder assumes the risks of riding the lifts and engaging in activities accessible from the lifts. Holder is advised that snowmobiles, snowmaking, and snow-grooming equipment may be encountered at any time. Holder realizes that the use of the ski area facilities involves risks including but not limited to: all of the risks mentioned above, high elevation, marked and unmarked obstacles, slick or uneven walking surfaces, surfaces covered with ice and snow and rugged mountainous terrain.

I warrant and represent that Holder is in good health and there are no special problems with the care of myself (or the child) and the undersigned parent or guardian (if applicable) has left no special instructions regarding myself or the child that have not been listed on a registration form or provided to the Released Parties.

I agree to read all posted signs and warnings and to obey those signs and warnings located on the property or at any facility or premises of the Ski Resort. I agree to inspect all equipment before use and ask questions of facility employees if I do not fully understand how to use the equipment, exercise machines or facility. I accept for use "AS IS"any equipment I use and accept full responsibility for the care of the equipment while it is in my possession. I will be responsible for the replacement of full retail value of any equipment listed in this form but not returned to the Ski Area or Donek Snowboards. I acknowledge my obligation to return this equipment by the agreed date in clean condition and agree to pay for any repairs in the event the equipment is damaged beyond normal wear and tear.

I understand that additional fees may be required for use of the facilities, equipment, ski instruction or other services provided by the Released Parties.

In consideration of using the ski area facilities, Holder agrees to ASSUME ALL RISKS associated with the Activity and agrees to hold harmless, release, defend and indemnify the Ski Resort, its subsidiaries, including but not limited to the subsidiaries, the United States Forest Service, and their respective agents, employees, representatives, assignees, directors, officers and shareholders (each hereinafter a "Released Party") from all liabilities and/or claims for injury or death to persons or damage to property arising from Holder's engagement in the Activity, including those injuries and damages caused by the ski area operator's or any other Released Party's alleged or actual: 1) negligence or 2) breach of any express or implied warranty. By execution of this Release, the undersigned agrees to indemnify each Released Party for any injuries to the Holder or to other person(s) or property that Holder may cause as a result of engaging in the Activity.

In consideration of using the ski area facilities, HOLDER CONTRACTUALLY AGREES that ALL claims for injury and/or death shall be GOVERNED BY STATE LAW and EXCLUSIVE JURISDICTION shall be in the District Court residing where the alleged incident occurred or in Federal Court for the state.

Holder realizes that entering or skiing in a "CLOSED"area is illegal. The ski area operator shall have the right to confiscate or revoke the privileges conferred by the lift ticket where in the sole judgment of its representative the Holder: 1) acts in any manner that endangers or may endanger the safety of Holder or any other person; 2) violates the Ski Safety Act; 3) provides ski lessons or related services for compensation without express authorization; or 4) engages in misconduct or creates a nuisance. If the Lift Ticket is used in a fraudulent manner, the ski area operator may confiscate the Lift Ticket with no re-issue. HOLDER agrees to notify the ski area operator immediately if Holder's Lift Ticket is lost or stolen.

I authorize the Released Parties and/or their authorized personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. I agree that upon my transport to any such medical facility or hospital that the Ski Area shall not have any further responsibility for me. Further, I agree to pay all costs associated with such medical care and related transportation provided for me and shall indemnify and hold harmless the Ski Area of and from any costs incurred therein.

This Release shall be binding to the fullest extent permitted by law. If any provision of this Release is found to be unenforceable, the remaining terms shall be enforceable. The undersigned parent or legal guardian acknowledges that he/she is also signing this Release on behalf of the minor and that the minor shall be bound by all the terms of this Release. This Release shall be binding upon Holder's assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.

I accept for use "as is"the equipment listed on this form, and accept full financial responsibility for the care of the equipment while it is in my possession. I will be responsible for the replacement at replacement value of any equipment rented under this form, but not returned to Donek Snowboards ("Donek") or damaged beyond repair. I agree to return all rental equipment to Donek Snowboards by the agreed time and day, and not trade equipment nor give equipment to anyone else to use. I also agree that if using personal equipment in conjunction with any demo equipment, Donek Snowboards and their affiliates are not responsible for any damages that occur to the personal equipment.

I also agree to hold the following etiquette for the demo session: 1) only use the equipment for 2 - 3 runs, 2) Do not let anyone else use this equipment without first approval from Donek Snowboards, 3) do not go "off trail"or take the equipment anywhere that possible damage may occur, (4) do not use during any race without prior approval from Donek.

First Rider's Name
First Name*
Last Name*
Phone*
First Rider's Age Acknowledgment*
First Rider's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Rider's Signature*
Second Rider's Name
First Name*
Last Name*
Rider's Date of Birth*
Date of Birth
Third Rider's Name
First Name*
Last Name*
Rider's Date of Birth*
Date of Birth
Fourth Rider's Name
First Name*
Last Name*
Rider's Date of Birth*
Date of Birth
Fifth Rider's Name
First Name*
Last Name*
Rider's Date of Birth*
Date of Birth
Sixth Rider's Name
First Name*
Last Name*
Rider's Date of Birth*
Date of Birth
Seventh Rider's Name
First Name*
Last Name*
Rider's Date of Birth*
Date of Birth
Eighth Rider's Name
First Name*
Last Name*
Rider's Date of Birth*
Date of Birth
Ninth Rider's Name
First Name*
Last Name*
Rider's Date of Birth*
Date of Birth
Tenth Rider's Name
First Name*
Last Name*
Rider's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent or Guardian's Driver's License / ID Card
Driver's License / ID Card Number*
Issuing State*
Please indicate your level of riding and/or equipment you are trying out today:
Click to customize checkboxes
Beginner/First Time Hardboot Demo
Current Alpine Snowboarder/Hardboot Demo
BX Board Demo
Softboot Board Demo
We might take pictures and/or video during your time demo-ing with us, and we may end up using such media for promotional purposes. Please check yes, so we can use your likeness, interview, etc in our marketing.
I agree to allow Donek Snowboards to use images or interviews for promotional purposes.*
Yes


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*
Last Name*
Relationship*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
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.<br><br> I/WE HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS AND SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.


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