2018-2019 Racing Event RELEASE & INDEMNITY AGREEMENT
READ CAREFULLY BEFORE SIGNING
I, the undersigned, and if I am a person under 18 years of age, my parent and I (hereafter collectively “I”) understand and expressly agree that Event (and skiing/riding) involves SIGNIFICANT RISK OF SERIOUS PERSONAL INJURY, PROPERTY DAMAGE OR EVEN DEATH. The risks include, but are not limited to: falls, changing weather, snow and ice conditions, surface and subsurface conditions, snow making and grooming equipment, variations in steepness or terrain, variations in natural and manmade obstacles, jumps/jumping, structures, rails, pipes, equipment failure, collisions with objects, design and manufacture of racing courses and structures, lift loading and unloading, collisions with other people or equipment, negligence of others and exceeding my own abilities, any of which may cause severe or even fatal injuries. Volunteers will be subject to similar risks.
In consideration of the use of SUNDANCE’S facilities, participation in events, discount tickets and/or instruction, I agree to the following:
1. I expressly agree to assume all risks of personal injury, death, falls, accidents, and/or property damage, including those resulting from any negligence of Sundance Partners Ltd., Sundance Holdings LLC, Sundance Enterprises, Inc., Sundance Development Corporation, Sundance Group, LLC, Sundance Village Holdings, LLC, Robert Redford, owners of the property at the area, their employees, agents, and affiliates (hereafter “SUNDANCE”).
2. Release & Indemnity. To the fullest extent allowed by law, I agree to release SUNDANCE from any and all claims for injuries, losses, and damages resulting in any way from racing events, skiing and/or snowboarding at Sundance Resort, volunteering for the event, instruction, use of lifts or facilities, and SUNDANCE’S negligence. My release includes all claims regarding the design, maintenance, manufacture, instructions, or conditions of the race course, skiing and/or snowboarding, structures or equipment utilized in the racing event, express or implied warranties, product liability and the negligence of SUNDANCE. To the fullest extent allowed by law, I agree to indemnify and hold SUNDANCE harmless from all claims, damages or injuries in any way related to any participation in racing events, instruction, volunteering, and use of lifts or facilities at SUNDANCE, including breach of this Release, and will reimburse SUNDANCE’S attorney’s fees and costs, even if SUNDANCE was negligent.
3. I agree that no lawsuit will be filed by me or on my behalf against SUNDANCE as a result of my participation in the racing event, instruction, volunteering and use of lifts or facilities or for any injuries or damages that I sustain even if SUNDANCEwas negligent. This release is binding upon my heirs and my legal representatives. I agree that the provisions of this Release are intended to be independent, and in the event any provisions hereof are held to be invalid or unenforceable, such holding shall not affect the remainder of this Release. Any lawsuits concerning my participation in a racing event, or skiing and/or snowboarding at Sundance or this release must be brought in Utah’s Third District Court, or Federal District Court for the District of Utah. This release shall be effective for all Race Events at Sundance within one year of the signing of this release. This Agreement is not intended to conflict with the provisions of Utah’s Inherent Risk of Skiing Statute § 78B-4-401 et seq. However, I agree not to seek any “general damages” or “pain and suffering” damages in any lawsuit or claim.
4. I agree that I am mentally and physically able to participate in a racing event and that I have received all information necessary to participate. I agree to conduct a careful inspection and test all runs, courses or facilities before any practice, training, or competition. I am solely responsible for my safety and responsible for utilizing and maintaining the equipment for my participation. I understand that inverted aerials and maneuvers are strictly prohibited. I will not attempt any event, course or maneuver that is beyond my ability.
5. I shall accept and abide by the rules and regulations of the event and for use of Sundance including wearing a helmet.
6. Medical Authorization And Insurance. I authorize SUNDANCE, at the discretion of any employee, to obtain medical care for me and/or transport or arrange to transport me to an appropriate medical facility. I authorize medical care providers to provide emergency medical care to me and to pay all costs associated with such medical treatment and related transportation. I agree that I have health insurance coverage. I agree to pay all medical bills incurred by me or my children resulting in any fashion from participation in the event or for matters released herein and expressly waive all rights of subrogation against SUNDANCE for any medical expense.
7. I irrevocably grant and agree that SUNDANCE shall have the right to use, or reproduce photographs, video, and/or pictures of my name, image, and likeness for any lawful purpose.
8. I HAVE READ, UNDERSTOOD AND VOLUNTARILY SIGNED THIS RELEASE OF LIABILITY.
Persons under the age of 18 (“minor”) are required to have a parent or legal guardian (hereinafter “Responsible Party”) read and sign this Agreement. To the fullest extent allowed by law, the Responsible Party individually and on behalf of the minor has read, understood, and expressly agrees to all of the terms of this Release. Responsible Party agrees and acknowledges Responsible Party’s and minor’s express assumption of risk, release of liability, indemnity and covenants not to sue SUNDANCE, including for negligence. Responsible Party agrees to be solely responsible to educate, supervise and make all decisions concerning the minor’s participation in the event, use of the area, equipment, and attire. Responsible Party releases all of their rights or claims resulting from the minor’s participation in the activities including volunteering or use of SUNDANCE including wrongful death damages and agrees to indemnify SUNDANCE for any other Responsible Party or heir’s claims against SUNDANCE.