Outdoor Excursions, Inc. (hereafter referred to as OEI) is an independent corporation operating a recreational snow sports facility, Koteewi Run Seasonal Slopes (Koteewi Run), that provides recreational opportunities that include, but are not limited to, snow tubing, cross-country/Nordic skiing, and snow shoeing. Our sports, like other recreational activities, include inherent risks that can never be eliminated regardless of how much emphasis we place on reducing risk.
Definitions of PARTICIPANTS: MINOR PARTICIPANT – a child less than 18 years of age over whom the Adult signing this document is: 1) a parent or has guardianship, or 2) has assumed responsibility. RESPONSIBLE ADULT – an adult age 18 or over acting in place of a parent or legal guardian and on behalf of said MINOR PARTICIPANTS. ADULT PARTICIPANT – an adult 18 years or older signing on their own behalf.
Inherent Risks: OEI feels it is important that ALL PARTICIPANTS (ADULT PARTICIPANTS, MINOR PARTICIPANTS and/or RESPONSIBLE ADULTS) understand the nature of our sports and are aware of, understand, and appreciate the inherent risks involved and that injuries can occur as the result of these inherent risks which include, but are not limited to, muscle strains and sprains, bruises, contusions, abrasions, sunburn, frost bite, hypothermia, muscle soreness, broken bones, ligament and joint injuries, back and neck injuries, concussions, internal injuries, eye injuries, brain injury, spinal cord and back injuries, heart attack, stroke, and even death.
- Snow Tubing, Cross Country/Nordic Ski, and Snow Shoeing Risks include, but are not limited to, falling from the tube; collision with others and/or objects at the end of the lane; collisions resulting from a tube crossing the lane divider into an adjoining lane; collision resulting from another tuber or group of tubers overtaking the participant; unexpected change of speed due to varying changes in snow conditions; participants have little control of their tube once the slide begins; failure of equipment; and use of lift line lifts; collisions (with stationary objects such as trees, rocks, stumps, forest growth & debris, fences, snowmaking equipment, buildings/shelters, snow vehicles, signs, and other manmade or natural obstacles; with other skiers/snow shoe participants); falls; landing awkwardly; over-exertion; failure to successfully complete a movement; loss of control (due to snow/ice conditions such as bare spots, black ice, terrain features; variations in surface and/or terrain conditions; trail design or modifications; and other hazards, whether manmade or natural, marked or unmarked); failure of equipment; and exposure to sometimes frigid conditions; erratic or negligent behavior of the participant or of other participants; sudden changes in weather, weather-related occurrences, and acts of nature; and judgment errors by staff (including error in judging the ability of participants, failure to anticipate developing problem situations, and failure to anticipate sudden changes in weather conditions); standing too close to the run-out areas; being struck by skis, poles, tubes, or other equipment; being struck by out-of-control skiers, snow shoe participants, or tubers; slipping and falling (on slick, wet, icy, or uneven spots, in restrooms and other indoor areas); slippery or uneven sidewalks, steps, and outdoor surfaces; and various parking lot hazards such as vehicle traffic and unsure footing.
ASSUMPTION OF INHERENT RISKS: I, the ADULT PARTICIPANT, or MINOR PARTICIPANT(S) and/or RESPONSIBLE ADULT, have read the above paragraphs (or had the risks explained to me) and know that the activities offerted by OEI at Koteewi Run contain inherent risks which vary with the activity. I understand the demands of those activities relative to my physical condition and skill level, and I understand the type of injuries that may occur as a result of OEI activities and their potential impact on my well-being, lifestyle, and both current and potential future careers. I hereby assert that my participation is voluntary and that I knowingly assume all inherent risks.
WAIVER OF LIABILITY: In consideration of permission for myself and/or MINOR PARTICIPANT(S) to use the OEI property, facilities, and services, today and on all future dates, I, the ADULT PARTICIPANT, or MINOR PARTICIPANT(S) and/or RESPONSIBLE ADULT, on behalf of myself, my spouse, my heirs, personal representatives, assigns, or others making a claim on behalf of myself or a MINOR PARTICIPANT [hereafter referred to as Releasing Parties] do hereby release, waive, discharge, and covenant not to sue OEI, its owners, directors, officers, employees, members, lessors, lessees, volunteers, independent contractors, equipment providers, and agents, [hereafter referred to as Protected Parties] from any and all liability of any kind or character whatsoever, whether foreseen or unforeseen, whether under theories of Negligence, Breach of Contract, or Otherwise.
(Use of Images) I certify that I give permission to OEI to use any photographs, images, or likenesses taken of myself, and/or the MINOR PARTICPANT(S) in its marketing brochures, ads, videos, or other media.
INDEMNIFICATION AGREEMENT: I, the ADULT PARTICIPANT and/or RESPONSIBLE ADULT, agree to hold harmless, defend, and indemnify OEI and Protected Parties (that is, defend and pay any judgment and costs, including investigations costs, attorney’s fees and related expenses) from any and all claims of the Releasing Parties arising from an injury or loss by myself or MINOR PARTICIPANT(S) due to our participation at Koteewi Run Seasonal Slopes (including claims arising from the inherent risks of OEI activities and those arising from the NEGLIGENCE of OEI or Protected Parties). I further agree to hold harmless, defend, and indemnify OEI and Protected Parties (that is, defend and pay any judgement and costs, including investigation costs and attorney’s fees and related expenses) against any and all claims of co-participants, rescuers, and others arising from the conduct of myself or a MINOR PARTICIPANT(S) in the course of our participation at OEI (including claims arising from the inherent risks of OEI activities and those arising from the NEGLIGENCE of OEI or Protected Parties.
- I, the ADULT PARTICIPANT and/or the RESPONSIBLE ADULT, understand that this agreement between myself and OEI cannot be modified or changed in any way by representations or statements by any agent or employee of OEI.
- I understand that I am giving up substantial rights and that doing so might be detrimental to me and/or the MINOR PARTICIPANT(S) including: My right as an ADULT PARTICIPANT, or RESPONSIBLE ADULT, OR MINOR PARTICIPANT to recover damages for any loss I may suffer resulting from injury or death resulting from participation at Koteewi Run.
- I also understand that if legal action is brought, the Circuit or Superior Court of Hamilton County, Indiana or The United States District Court for the Southern District of Indiana has the sole and exclusive jurisdiction and that only the substantive laws of the State of Indiana shall apply.
- I further expressly agree that the foregoing Assumption of Risk, Waiver of Liability, and Indemnification Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Indiana and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
- I further acknowledge that I am signing the agreement freely and voluntarily, and intend my signature to be a complete and unconditional release of all liability for myself, and/or the MINOR PARTICIPANT(S) due to 1) negligence by OEI and the other Protected Parties or to 2) the inherent risks of OEI activities offered at Koteewi Run, to the greatest extent allowed by the law in the State of Indiana.