SASS GLOBAL TRAVEL, LLC
PARTICIPANT WAIVER OF LIABILITY AND ASSUMPTION OF RISK
IMPORTANT: THIS IS A LEGAL DOCUMENT!
Please read and understand this document before signing. If you have any questions, please consult an attorney.
SASS GLOBAL TRAVEL, LLC has done everything possible to assure that our guests have a rewarding experience. We wish to inform our guests that Skiing and Snowboarding are not risk-free. The same elements that contribute to the unique character and fun of skiing and snowboarding such as the physical exertion or the speed can cause loss or damage to equipment, injury, illness, or in extreme cases, permanent trauma, or death. We do not want to heighten or reduce your enthusiasm for the experience, but we do want you to know in advance what to expect and to be informed of some of the possible risks. We require that you read this, sign it, and submit it back to us.
ACKNOWLEDGMENT OF RISK:
There are risks that accompany all aspects of life as well as downhill skiing and snowboarding. Some of these risks are inherent to the activity; some are changed, increased or decreased due to the activities of SASS Global Travel, LLC. You must understand and accept all of the risks of the activity, inherent and otherwise. By understanding these risks, you will have a better trip.
Winter Downhill Sports: The risks of Skiing, Ski Boarding, Telemark Skiing and Snowboarding include but are not limited to boarding, riding and disembarking ski lifts; changing weather conditions, avalanches, exposed rock, earth, ice and other natural objects, trees, tree stumps and forest deadfall; the condition of snow or ice on or beneath the surface; changes or variations in the terrain which may create blind spots or areas of reduced visibility; changes or variations in the surface of sub-surface, including changes due to man-made or artificial snow; variable and difficult snow conditions; streams, creeks and exposed holes in the snow pack above streams or creeks; cliffs; crevasses; snowcat roads, road banks or cut-banks; collision with lift towers; fences, snowmaking equipment, snow grooming equipment, snowcats, snowmobiles or other vehicles, equipment or structures; collision with other skiers or snowboarders; the failure to ski or snowboard safely or within one's own ability or within designated areas; negligence of other skiers and snowboarders. I am aware that these dangers exist throughout the ski area and that many are unmarked.
Telemark skiing, backcountry skiing, randonnee skiing, cross country skiing or alpine skiing, alpine touring, skating, diagonal skiing, powder skiing, extreme skiing, or classic skiing are quite different from downhill skiing. I understand there are several differences in the way the skis and bindings work. I understand that these bindings do not release. In general, this type of skiing has different risks than downhill skiing, and I understand and accept these risks.
There is a risk of Backcountry Skiing including hitting trees and other objects, both visible and hidden. You can sustain finger, hand and wrist injuries from your poles being snagged. Broken equipment can mean difficulty getting back to safety or forced bivouacs. Snow covered landmarks make navigation difficult. Snowstorms, blizzards or whiteouts make movement difficult if not impossible and navigation impossible.
Backcountry skiing requires you to provide your own propulsion. There are no lifts. Any movement will be based on your own energy, muscles, skill, and actions.
Snowboarding: Snowboarding is quite different from downhill skiing. I understand there are several differences in the way the board and bindings work. I understand that these bindings do not release. In general, this type of skiing has different risks than downhill skiing, and I understand and accept these risks. Because the binding does not release you from the board, a major risk if snowboarding is falling headfirst into a tree well or pit. A tree well is the area immediately around the trunk of a tree where the snow is not as thick or may be empty of snow. Falling into a tree well headfirst may suspend a boarder upside down with no way of extricating himself or herself from the position.
Snowboarders fall differently than skiers. Fallers frequently have the opportunity to brace themselves before impact with the hands, frequently causing wrist and hand damages. Snowboarders frequently fall backward injuring their buttocks.
Terrain Parks and Freestyle Skiing/Snowboarding: Freestyle skiing is a term used to define the aerial, trick, jumps and other activities that have become commons and competitive in the past years. Freestyle also describes activities in terrain parks. Freestyle skiing involves leaving the ground to do aerials, inverted aerials, tricks, flips, somersaults, and other activities. It means using and performing in terrain parks, rails, jumps and other manmade and natural activities. All of these activities have an increased risk of injury and catastrophic injury over skiing and snowboarding.
Avalanches: Avalanches are a constant danger in the mountains. An avalanche is snow that has released from the mountain and is moving down the mountainside. If you are trapped in an avalanche, you can be injured by the avalanche or trapped in the avalanche, which may kill you. Avalanches are normally fatal if you are not found within 15 to 30 minutes. Avalanche forecasting is difficult and not a science. You may be using a transceiver. An avalanche transceiver or beacon is a radio device you wear. If you are trapped in an avalanche someone wearing another beacon can use his or her beacon to locate you. You should be well trained in the use of a beacon before venturing in avalanche country.
Mountain Travel: Traveling in the mountains is always dangerous. Another aspect of mountain travel you need to be aware of is the dangers from seracs, ice wind lips, and cornices. Many times while hiking in the mountains, you will be in an area where seracs or other ice and/or snow can fall injuring or killing you.
Equipment: I understand that I will be demonstrating or using equipment that I am probably unfamiliar with and may not understand. I agree to ask questions concerning the use and operation of the equipment before I test the equipment. I understand that using such equipment in these conditions creates a higher risk of equipment failure and injury. I agree to not hold the SASS Global Travel, LLC liable for any failure of the equipment under these conditions and my knowledge and skill. I also understand and agree not to sue SASS Global Travel, LLC for any equipment failure, breakage or malfunction of the equipment. I am participating in the activity of my own free will and volition and agree to learn more about the equipment. Because I am unfamiliar with the use and operation of this equipment, I have a greater chance of injury due to loss of control or skier error. The inability to avoid obstacles, control your speed or change course increases significantly your chances of injury. Remember to ski in control at all times and follow all warnings and posted notices. Until you are familiar with the use of the Demo equipment ski in control and do not do any activity with which you are not familiar.
Altitude Illnesses: You will trek at altitudes to which you will not be accustomed. You will be skiing to at least 7000 feet and possibly 12,000 feet above sea level. Altitude sickness is the term used to describe the effects on a human body at altitudes higher than the person is accustomed to. Altitude sickness symptoms include nausea, headaches, and a loss of appetite. If this occurs, you need to contact your guides immediately. High Altitude Pulmonary Edema (HAPE) and High Altitude Cerebral Edema (HACE) occur when you are at high altitudes and have not acclimated properly. HAPE and HACE can be fatal if not treated quickly. Treatment is quick descent to a lower altitude and oxygen.
Hypothermia: Your guide will attempt to monitor your water intake and general well-being, however, it is your responsibility to take care of yourself, pay attention to the advice of your guide and notify your guide if you are not feeling well. Skiing includes a high degree of risk for Hypothermia. Hypothermia is the name for a medical condition where the core body temperature drops to the point that the body is unable to maintain and heat itself. Being wet and in the wind contributes to Hypothermia. You need to understand hypothermia and to have adequate and correct clothing to combat Hypothermia. Hypothermia can quickly result in death.
Instructors, Coaches, and Guides: Decisions are made by the coaches, guides and participants in a wilderness setting, based on a variety of perceptions and evaluations which by their nature are imprecise and subject to errors in judgment. Guide decisions are based on experience, observation, participant abilities and numerous other factors at the time. Weather can change, participants can tire, and abilities are not as stated which may change the entire situation placing people at risk. As a participant, you accept these risks and situations based on guide decisions and other factors.
Transportation: You will be traveling in a foreign country on foreign airlines, busses, train and other modes of transportation. SASS Global Travel, LLC is not a Common Carrier but is in the business of providing recreational and instruction snow sport activities. Transportation to and from the activity is incidental to the activity. Accidents occur during travel to and from the starting and ending point of the trip over trails, roads, and highways. I agree the terms of this release shall cover any injury I receive due to a vehicular accident on the part of SASS Global Travel, LLC whether by their negligence or the negligence of others.
Medical Care: Medical cares, as you understand it is not available outside the United States. You may be several hours travel from a medical facility. Transportation may be by car, ambulance, litter or other form of local transportation. The instructors will probably be the immediate medical care that will be available. The medical facility you may be treated in will not have the same standards as hospitals or doctors offices in the United States. The medical personnel you will be treated by may not have the same training as medical personnel in the U.S. It is also possible that some participants would suffer mental anguish or trauma from the experience or their injuries.
Participant Responsibilities: Participants may have free and unsupervised time. Throughout the program, participants are responsible for their own safety and for the safety of other members of their group. SASS Global Travel, LLC is not making any decisions about your ability to participate in this activity. Based on this information and other information you should research and learn on your own you must decide to assume the risks of the activity and the camp. This list is not an exclusive or exhaustive list of possible injuries, trauma or accidents that may occur while skiing and boarding. Most of these injuries are rare and you are not likely to encounter them. However, they have occurred, and you need to know about them and other possible injuries not mentioned above. These injuries occur more often when the participants are using drugs or alcohol or not physically able to undertake the activity. I certify that I or my minor child is fully capable of participating in a ski camp program. I state that I have read the above statement on some of the possible risks in this activity. Therefore, I assume full responsibility for myself, my family, including minor children, for bodily injury, death, and loss of personal property and any expenses as a result of my negligence, negligence of my family, or the negligence of SASS Global Travel, LLC. I also understand that SASS Global Travel, LLC reserves the right to refuse any person it judges to be incapable of meeting the rigors and requirements of participating in the ski and snowboard program. My family and I, including the participant, are in good physical condition and able to undertake this activity.
CONTRACT, WAIVER, RELEASE, AND INDEMNIFICATION:
I agree to indemnify and hold harmless SASS Global Travel, LLC its owners, managers, agents, employees, contractors and manufacturers from all claims, damages, losses, injuries, and expenses arising out of or resulting from my families or my participation in these activities. I further agree to release, acquit, and covenant not to sue SASS Global Travel, LLC, their agents, contractors and employees for all actions causes of action claims or damages, damages in law or remedies in equity of whatever kind, including the negligence of SASS Global Travel, LLC, negligence of another participant, or my family, myself, or my heirs, against SASS Global Travel, LLC arising out of participation in this program. In short, I cannot sue SASS Global Travel, LLC for any reason I and/or my child may receive an injury and if I do, I cannot collect any money.
Any controversy or claim arising out of or relating to this contract or any part of this contract shall be settled by binding arbitration in New Hampshire in accordance with the Commercial Arbitration Rules of The American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
I agree to the site of any lawsuit and the law governing any such lawsuit shall be in New Hampshire and governed by New Hampshire law. The terms of this agreement shall continue and be in effect after the ski and snowboard camp has ended. As liquidated damages, I hereby agree that if SASS Global Travel, LLC is forced to defend any action, lawsuit or litigation or for breach of the covenant not to sue, by myself, my executors, or my heirs, on my family's or my behalf, my heirs or executors and I agree to pay SASS Global Travel, LLCs costs and attorney fees if they successfully defend such action, lawsuit or litigation. Should any sentence, clause, paragraph, or part of this agreement be declared unenforceable by a court of competent jurisdiction, the remaining parts or paragraphs shall remain in full force and effect. A copy of this release can be used as if it was an original. This release is intended to be interpreted as broadly as possible to effect the intent and purpose of the release.
I authorize and release to SASS Global Travel, LLC the use of my image in any photograph or video recording for any purpose of SASS Global Travel, LLC.
MEDICAL INFORMATION, RELEASE, AND ASSIGNMENT OF PROXY:
I have adequate health, disability, and life insurance for my family and myself. I hereby give permission for transportation to any medical facility, hospital and I authorize for any qualified guide or medical personnel to render necessary emergency medical care for my family or me. I hereby authorize the release of any medical information, including information concerning my HIV or AIDS status, in the possession of SASS Global Travel, LLC to any medical facility, hospital, ambulance, first aid provider, first aid service, doctor, nurse, or other such person rendering care on my behalf. I hereby waive any action or claim against SASS Global Travel, LLC or any health care provider, hospital, doctor, nurse or first aid provider for the release of this medical information.
MEDICAL AND SURGICAL AUTHORIZATION
In consideration of my participation in SASS Global Travels program in Hokkaido, Japan, I have read the accompanying Release of Liability and understand that I assume all risks of personal injury (including death) that may result from any activity. I affirm that none of the conditions, treatments, allergies, incapacities or disabilities listed above would prevent me from participating in this SASS Global Travel Japan program. In addition, I hereby authorize and give my consent to SASS Global Travel staff, first responders, paramedics or any licensed health professional to perform upon or administer any reasonable, necessary medical treatment in an emergency. August 7, 2020
LIMITED PURPOSE MEDICAL POWER OF ATTORNEY
I hereby appoint the SASS Global Travel Program Director (or in their absence another competent representative of SASS Global Travel) as my true and lawful attorney-in-fact, for me and in my name to give medical authorization should I be incapacitated and not able to give same myself, and to bind me thereby in as full and ample a matter as I myself could do, where I personally authorized and signed the same. This Power of Attorney shall not, however, be effective for consent to non-emergency elective surgery. This Power of Attorney shall be void and unenforceable at the conclusion of my SASS Global Travel Japan program enrollment. This Power of Attorney may also be canceled by written or email request to SASS Global Travel. August 7, 2020