In consideration of the rental shop renting me this equipment.
1. I accept “as is” the equipment rented on this form, and I accept full responsibility for the care of the equipment while it is in my or my child’s possession. I will be responsible for the replacement, at full retail value, of any equipment that is not returned to the shop. I understand that equipment breakage insurance, if any, only covers damage incurred during normal use. I agree to return all equipment by the agreed date, in clean condition, to avoid any additional charges.
2. I have received instructions on the use of the equipment and fully understand its use and function. I have received satisfactory answers to any questions I may have regarding the equipment. If I or my child, at any time, feels that the equipment is not functioning properly, I or my child will stop using the equipment and have it inspected, repaired or readjusted by a technician.
3. I have made no misrepresentations to the rental shop concerning height, weight, age, skier type, experience or other information requested.
4. I accept and clearly understand that skiing, snowboarding, skiboarding, and the use of snowplay devises and aerial and surface lifts are HAZARDOUS and could cause INJURY OR DEATH, and that there are inherent and other dangers and risks involved in the activities, including without limitation: changing weather conditions; existing and changing snow conditions; bare spots; rocks; stumps; trees; collisions with natural or man-made objects or other skiers/snowboarders; variations in terrain; and the failure of skiers/snowboarders/skiboarders to ski within their own abilities. I recognize that injuries are a common and ordinary occurrence of the activities, and I VOLUNTARILY EXPRESSLY ASSUME THESE RISKS.
Further, I agree to HOLD HARMLESS, RELEASE, DEFEND, AND INDEMNIFY The 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 (together referred to as the “Ski Area”), which are referred to as “HOLDER,” for ANY AND ALL LIABILITIES and/or claims for injury or death to persons or damage to property arising from my or my child’s engagement in the sport of skiing, including those claims based on any Releases'’ alleged or actual NEGLIGENCE.
5. FOR SKIERS: I understand that the ski/boot/binding system will not release at all times or under all circumstances where release may prevent death or injury to the skier, nor is it possible to predict every situation in which it will release; it is, therefore, no guarantee of my safety.
6. FOR ALL OTHERS: I understand that the snowboard/boot/binding, ski/boot/binding, Nordic ski/boot/binding, snowshoe systems are designed as non-releasing systems that will not ordinarily release during use, and are no guarantee of my safety.
7. It is recommended that participants wear a helmet, either a rental helmet or their own. I understand that a rental helmet is available for me or my child. I acknowledge that no helmet can protect the wearer against all possible or foreseeable impacts and injuries to the head. Reasonably foreseeable impacts may exceed the capabilities of the helmet to protect against injury.
The helmet is designed to offer added protection to the head and cannot guard against neck, spine or other bodily injuries that may result from a ski or snowboard accident. Therefore, I acknowledge that the use of a helmet does not and cannot guarantee my or my child’s safety and may not prevent or reduce some types of serious injuries or death.
8. I authorize Releasees to administer first aid as they deem necessary. I authorize transportation to a medical facility, at my expense, if deemed necessary by Releasees. Further, in the case of serious illness or injury, if I cannot be reached, I give permission for treatment, including medical and/or surgical care necessary for the well-being of my child, at my expense. I agree that upon my or my child’s transportation to any ambulance, aid/medic unit, medical facility, clinic or hospital, the responsibility of the Releasees shall be totally fulfilled and the Releasees shall have no further responsibility. I understand that Releasees will attempt, to the best of their ability, to notify me as soon as possible in the event of an emergency.
9. I acknowledge that this agreement is governed by the applicable laws of the State of Idaho. This document is a legally binding contract that supersedes any other agreements or representations by or between the parties. It shall be interpreted to provide as broad and inclusive a release of liability as is legally possible, but it is not intended to assert any claims or defenses that are prohibited by law. If any provision of this agreement is determined to be unenforceable, all other provisions shall be given full force and effect. This Liability Release and all it components shall survive and continue in force beyond the termination of the current season.
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 Holdings, LLC, Tamarack Mountain Operations, LLC, Tamarack Real Estate Holdings, LLC, Tamarack Food and Beverage, LLC, TRH-Village, LLC, Tamarack Property Management, LLC, Tamarack Development, LLC, Tamarack Sales, LLC, Tamarack Real Estate, LLC and Tamarack Trademarks, LLC. I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE TAMARACK. 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.
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