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Sports School Lesson Waiver

TAMARACK SPORTS SCHOOL

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

PLEASE READ CAREFULLY BEFORE SIGNING

 

 

This Agreement (“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 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. And Tamarack Municipal Association, CTH Idaho LLC. as well as their respective officers, shareholders, members, managers, directors and employees  (collectively referred to herein as “Tamarack”) and any person located on any Tamarack property or using any Tamarack facility including but not limited to the ski area, chairlift, restaurant, retail or lodging facility (the “Participant”). 

[1] “parents, subsidiaries, affiliates, vendors, lessees, contractors and agents” include but are not limited to Tamarack Resort Two, LLC, Tamarack Resort Holdings, LLC, Tamarack Mountain Operations, 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. And Tamarack Municipal Association, CTH Idaho LLC. 

The person participating in any Sports School and/or lessons/camp provided by Tamarack , including ski, snowboard, alpine, cross-country, Nordic, telemark, snow-skate and/or snow-shoe lessons/school, camp, watersports, kayaking, standup paddle boarding shall be referred to hereinafter as “Participant.” Participating in ski, snowboard, alpine, cross-country, Nordic, telemark, snow-skate and/or snow-shoe lessons/school, camp, watersports, kayaking, standup paddle boarding shall be referred to as the “Activity.” 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. Undersigned hereby acknowledges that he/she has received valid consideration in exchange for agreeing to the terms set forth in this Agreement.

 

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.

 

In consideration of allowing the Participant to use the Tamarack area, the Undersigned agrees to RELEASE Tamarack from 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 Activity, including those claims based on Tamarack’s alleged or actual NEGLIGENCE. Further, the Undersigned agrees to WAIVE his/her right to file a lawsuit against Tamarack for any existing or future claims.

 

The Undersigned agrees to DEFEND and INDEMNIFY Tamarack from all claims for property damage, injury or death arising out of Participant’s use of the Tamarack area, which (1) he/she may suffer or for which (2) he/she may be liable to others or for (3) Participant’s conduct that may contribute to a claim being asserted against Tamarack.


THE UNDERSIGNED recognize that lifejackets are required and RENTER agrees to wear a lifejacket at all time while participating in the ACTIVITY and/or any time that PARICIPANT is in the water. THE UNDERSIGNED understand and agree that lifejacket IS NO WAY TO GUARANTEE OF SAFETY and that boating can expose the user to forces that exceed the limits of protection provided by the lifejacket.

 

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.

 

In consideration for allowing Participant to participate in the Activity, the Undersigned agrees that any and all claims for injury and/or death arising from the Participant’s participation in the Activity shall be GOVERNED BY IDAHO LAW and EXCLUSIVE JURISDICTION of any claim shall be in the STATE DISTRICT COURT residing in the county where the alleged incident occurred or in the FEDERAL COURT FOR THE STATE OF IDAHO.

I AND/OR THE MINOR(S) LISTED BELOW AND/OR THE ADDITIONAL ADULT(S) LISTED BELOW ACKNOWLEDGE THAT WE HAVE READ, UNDERSTAND AND WILL ABIDE BY ALL TAMARACK’S POLICIES/RULES GOVERNING THE USE OF THE SKI AREA. A PARENT OR GUARDIAN OF A MINOR CHILD MUST SIGN. IF A PARENT OR GUARDIAN IS SIGNING ON BEHALF OF A MINOR, THE PARENT OR GUARDIAN AGREES TO DEFEND/INDEMNIFY TAMARACK IN THE EVENT THE AUTHORITY TO BIND THE MINOR IS CHALLENGED. SIMILARLY, IF AN ADULT IS SIGNING ON BEHALF OF AN ADDITIONAL ADULT(S), THE SIGNING ADULT CONFIRMS THAT HE/SHE HAS THE AUTHORITY TO BIND THE ADDITIONAL ADULT(S) AND THE SIGNING ADULT AGREES TO DEFEND/INDEMNIFY TAMARACK IN THE EVENT THE AUTHORITY TO BIND THE ADDITIONAL ADULT(S) IS CHALLENGED.

I agree and understand that MOUNTAIN BIKING is a HAZARDOUS activity with varying surface and environmental conditions. I understand mountain biking is different than road biking. Further, I recognize that there are risks including, but not limited to, rocks of various sizes, uneven and/or slippery trail conditions, varying slopes, variations in terrain, bumps, stumps, forest growth, loose gravel and dirt, wet surfaces, holes, downed timber, debris, other bikes and vehicles, and other hazards and obstacles. I must regulate my speed in order to negotiate trails and avoid such obstacles. Nonetheless, I voluntarily elect to participate in the aforementioned activity.

By execution of the Liability Release, I hereby acknowledge and expressly represent that:

  1. I recognize that falls and collisions are a common occurrence with this activity and I ASSUME ALL RISKS and responsibility for such incidents and injuries.
  2. I Understand that HELMETS ARE REQUIRED and MAY reduce the risk of head injury, and I agree to wear a helmet at all times. If I sustain any injuries as a result of any of the aforementioned risks and hazards, I agree NOT SUE Tamarack Resort, its affiliated organizations and companies; Tamarack Food and Beverage LLC, Tamarack Development LLC, Tamarack Resort Holdings LLC, Village 1 Holdings LLC, Tamarack Real Estate Holdings LLC, Tamarack Mountain Operations LLC, Tamarack Property Management LLC and Tamarack Trade Marks LLC and each of their respective insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “RELEASED PARTY”) 
  3. I RELEASE Tamarack of any and all liabilities and/or claims for injury or death to persons or damage to property arising from mountain biking.
  4. I WAIVE any claim that I may currently have against Tamarack.

I warrant that I have received instruction in the safe and proper use of the equipment listed on this form. I warrant that I understand how to use the brakes and shifting mechanisms on the bicycle. I have visually checked the bicycle and received it in good working condition. I understand that the bicycles are equipped for daytime riding ONLY and any use of the bicycle after dark is not recommended and is at my own risk.

This Release shall be binding upon the assignees, subrogors, distributes, heirs, next of kin, executors and administrators of the undersigned and may be pled by Tamarack as a complete bar and defense against any claim, demands, action or cause of action by or on behalf of the undersigned.

In the event any section of this Release is found to be unenforceable, the remaining terms shall be enforceable.

This Release shall be binding to the fullest extent permitted by law.

I HAVE READ THIS AGREEMENT AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT. I AM AWARE THIS IS A RELEASE OF LIABILTY AND A CONTRACT BETWEEN MYSELF AND TAMARACK

HELMET RENTAL RELEASE OF LIABILITY

1. The undersigned, being at least 18 years of age or that if he/she is younger than 18 years of age, is accompanied by a parent or guardian who has read and signed the following release (hereinafter referred to collectively as “I”.

2. I AGREE AND UNDERSTAND THAT RECREATIONAL ACTIVITIES UTILIZING A MOUNTAIN BIKE AND/OR HELMET ARE HAZARDOUS ACTIVITIES (HEREINAFTER “Activity”) Further, I recognize that there are risks, including, but not limited to, all the inherent risks of the various activities I may be engaging in while utilizing the mountain bike and/or helmet. I recognize that injuries are a common and ordinary occurrence of the Activity. I hereby agree to freely and expressly ASSUME and accept ANY AND ALL RISKS OF INJURY OR DEATH while participation in the Activity. Further, I voluntarily elect to participate in the Activity.


3. I hereby assume all risks which may be associated with and /or result from my use of the mountain bike and/or helmet and hereby hold harmless, release, indemnify and defend Tamarack, its subsidiaries and affiliates, their respective officers, directors, agents, servants and employees of and from any liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury, including death, that may be sustained by me utilizing the mountain bike and/or helmet, including, but not limited to, those injuries and damages caused by the negligence and/or breach of warranty, express or implied, on the part of Tamarack. 


4. By execution of this release Tamarack shall be indemnified for any injury to other person(s) or property which I may cause as a result of engaging in this Activity. 

5. I acknowledge that the helmet has been properly fit by the Tamarack. I further warrant that the helmet is comfortably snug and when I fasten the chin strap and shake my head there is no significant movement of the helmet. I understand that this helmet may reduce or mitigate the severity of injuries to my head but is no guarantee whatsoever of my safety. I further recognize that helmets have limited capability as far as shock absorption.

6. I acknowledge that I will be the only person using the mountain bike and/or helmet during this rental period. I accept for use “as is” the equipment listed on this form and accept full responsibility for the care of the equipment while it is in my possession.

7. I will be responsible for the replacement at full retail value of the mountain bike and/or helmet if the equipment is not returned to Tamarack. I acknowledge by obligation to return the mountain bike and/or helmet by the agreed date in clean condition and agree to pay for any repairs in the event the mountain bike and/or helmet are damaged beyond normal wear and tear

8. All instructions on the use of the mountain bike and/or helmet have been made clear to me and I understand the function of my equipment.

9. I CONTRACTUALLY AGREE that any and ALL DISPUTES between myself and the Tamarack arising from my participation in the Activity OR use of this equipment, and INCLUDING any claims for personal injury and/or death, WILL BE GOVERNED BY THE LAWES OF THE STATE OF IDAHO AND EXCLUSIVE JURISDICITON thereof will be in the state court residing in the county where the alleged tort occurred or the federal courts of the State of Idaho.

10. In the event any section of the Release is found to be unenforceable, the remaining terms shall be fully enforceable.

11. This Release shall be binding to the fullest extent permitted by law.

12. This Release shall be binding upon my assignees, subrogors, distributes, heirs, next-of-kin, executors, personal representatives, and administrators and may be pled by Tamarack as a complete bar and defense against any claim, demand, action or causes of action by or on behalf of the RenterI/WE HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS AND SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.


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First Participant's Name

First Name*

Last Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

Email
A signed copy of this waiver will be sent to the email address you provide.
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. IF A PARENT OR GUARDIAN IS SIGNING ON BEHALF OF A MINOR, THE PARENT OR GUARDIAN AGREES TO DEFEND/INDEMNIFY TAMARACK IN THE EVENT THE AUTHORITY TO BIND THE MINOR IS CHALLENGED.


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*

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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