2019 Summer Activities Release Agreement
I, the undersigned, and if a minor, my parent/guardian and I, in consideration of taking part in some or all of the activities at Sundance, including but not limited to mountain biking, hiking, the use of the lifts, riding in any type of vehicle, participation in mountain bike school, participation in any event sponsored by or affiliated with Sundance, or use of Sundance’s facilities (collectively the “Activities”), hereby expressly accept, agree and understand the following:
Conditions.I, represent and agree that: (a) I have the skills and dexterity for participation in the Activities and will at all times participate within my ability; (b) I will read and obey all posted signs and warnings; (c) I understand all rules and regulations of participation in the Activities, including but not limited to the Mountain Bike Responsibility Code; (d) I understand that not all trails are swept or inspected at the end of the day; (e) I will exercise caution and awareness of the area; (f) I acknowledge that I may encounter risks not marked or readily visible; and (g) I will wear a helmet at all times while mountain biking—I understand, however, that a helmet is NOT a guarantee of my safety. If the Activity involves riding a lift, prior to such use, I acknowledge that I have the knowledge and ability to load, ride, and unload safely. I understand and agree that minor(s) may be riding the lift not accompanied by an adult and hereby give permission for the minor to do so. I agree to instruct and direct minor(s) to abide by the rules and regulations of the resort and to follow instruction and direction from Sundance staff. Sundance may revoke and confiscate my pass to ride and preclude my use of the area for unsafe conduct, rude conduct, or failure to obey instructions at its sole discretion without reimbursement or appeal.
A. Express Assumption of Risks. I acknowledge that the Activities are hazardous and participants may sustain serious injuries, including death, paralysis, head injuries, and broken bones. The risks include, but are not limited to, falling, loss of control, collisions, the negligence of other participants, equipment malfunction, changing weather and surface conditions, slick or uneven surface conditions, variations in slope and terrain, falling trees and limbs, forest growth/downed timber, rocks, loose gravel, dirt and paved surfaces, holes and potholes, debris, trail configuration, steep and narrow trails, open water, marked and unmarked obstacles, high altitude, rescue, emergency first aid, wildlife, and the negligent actions of Sundance Partners Ltd., Sundance Holdings LLC, Sundance Development Corporation, Sundance Enterprises, Inc., Sundance Group LLC, Sundance Village Holdings LLC, affiliated entities, trust instruments, Robert Redford, and all of their officers, members, partners, employees, agents and property owners (collectively hereafter "Sundance"). I expressly agree to assume all risks of any loss, damage, or injury resulting in any way from the Activities including any negligence on Sundance’s behalf.
B. Release of all Liability (Including Negligence). To the fullest extent allowed by law, I agree to fully releaseSundance from all liability for damages, injuries or claims, including any from the negligence of Sundance to myself or any other person or property, which in any way result in whole or in part from my participation in the Activities or the risks above. I authorize Sundance and its authorized personnel to arrange for transportation to medical facilities or medical care for the Participant, if, in the sole opinion of such personnel, medical attention is needed for the Participant. It is agreed that upon transport to any medical facility, Sundance shall not have any further responsibility for the Participant, and all costs associated with such medical care and related transportation shall be paid by the undersigned and the undersigned does hereby release, indemnify and hold harmless Sundance of and from any costs incurred therein.
C. No Lawsuit/Hold Harmless. To the fullest extent allowed by law, I agree not to file any lawsuit against Sundance, and to indemnify Sundance and hold it harmless for any damages, injuries, judgments or lawsuits, resulting in any way from my participation in the Activities or my rental of Equipment. I agree that my obligation not to sue and to indemnify and hold Sundance harmless applies even if Sundance is negligent and includes repayment of all attorneys’ fees and cost incurred by Sundance. I agree that any lawsuit that is filed against Sundance shall be filed in Utah’s Fourth District Court, or Federal District Court for the District of Utah and that Utah law shall apply.
D. Final Agreement. I understand and agree that this integrated contract is binding upon my heirs, assigns, successors-in-interest, estate and legal representatives and is a final and complete agreement. If portions of this Agreement are invalid, then I agree that the remaining portions will remain enforceable. This Agreement will apply to any Activities or use of Sundance’s facilities commencing on the date it is signed and any other times for a period of nine (9) months thereafter.
I HAVE READ, AGREE TO AND UNDERSTAND THIS AGREEMENT AND THE INFORMATION ON THE REVERSE SIDE.
Persons under the age of 18 are required to have a Parent or Legal Guardian (Responsible Party)
read and countersign 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 Agreement contained on both pages. The Responsible Party agrees and acknowledges Responsible Party and minor’s express assumption of risk, release of liability, indemnity and covenants not to sue Sundance, including for negligence. The Responsible Party releases all of their rights or claims against Sundance including wrongful death damages and agrees to indemnify Sundance for any other Responsible Parties’ claims even if Sundance is negligent. The Responsible Party is solely responsible to explain and enforce all rules and to undertake all duties and responsibilities to educate control and protect the minor(s) from all of the risks involved in the Activities. The Responsible Party agrees to pay all medical bills and expenses incurred by the minor(s) and waives all rights of subrogation against Sundance. The Responsible Party agrees to make all decisions concerning the minor’s participation in Activities and use of Sundance. If the minor has rented a bike from Sundance, the Responsible Party agrees that they are fully responsible for all damage(s) or loss to the bike or other Equipment, and agree to pay for all repairs at full retail value or for the new retail cost of the bike or Equipment, if lost or stolen.
Mountain Bike Responsibility Code
Mountain biking involves the risk of injury, common sense and caution can reduce the risk, for your safety and the safety of others, please adhere to the code.
- Ride in control and within your ability level. You must be able to avoid other people or objects.
- Stay off the lifts and trails if your ability is impaired by drugs, alcohol or fatigue.
- Wear a helmet. It is mandatory! Other protective equipment is strongly recommended.
- Inspect your bike or have it checked by a qualified bike mechanic before you ride.
- Be sure you have the physical dexterity, ability and knowledge to safely load, ride and unload lifts. Ask the Lift Attendant for assistance if you need it.
- Be aware of changing conditions on trails and features. Inspect features before use and throughout the day.
- Stay on marked trails. Ride only in the direction indicated by the trail markers and map. Obey all signs and warnings. Do not cut switchbacks. Keep off closed areas.
- Avoid riders ahead of you. They have the right of way. Uphill traffic has the right of way.
- Look uphill and yield to other riders when entering a trail or starting downhill or uphill.
- Do not stop where you obstruct a trail or are not visible from above.
- If you are involved in or witness a collision or accident, you must identify yourself to Bike Patrol or a staff member.
- Do not feed, provoke or approach wildlife.
Know the code – Be safety conscious. It’s your responsibility. Riding privileges revoked for breach of this code.
Important Information about the trail system
- Use of the trail system involves the risk of injury. You control the degree of risk you will encounter in using the trails and features in the trail system.
- Do not attempt any of the trails or features unless you have sufficient ability and skill to do so safely. Always ride in control and within your ability level.
- All riders must have a valid wrist band, and have turned in a current Summer Liability Waiver before using the trail system.
- Helmets are mandatory while on the trail system and protective padding is strongly recommended.
- 24” minimum wheels are recommended.
- The trail system is not recommended for inexperienced or novice riders.
- All trails (except for the expert trail) are open to uphill and downhill riding. Uphill riders have the right of way. Watch for other users and maintain control to avoid others.
- Beware of changing conditions on the trails and features. It is your responsibility to inspect features before use and throughout the day.
- Individual features and trails are closed for a reason. Do not enter trails or use features when closed.
- Before riding always inspect your equipment or have it checked by a qualified bike mechanic.
- Stay off closed access roads. Stop at all road crossings.
YOU ASSUME THE RISK OF ANY INJURY THAT MAY OCCUR WHEN USING THE TRAIL SYSTEM. SUNDANCE’S LIABILITY FOR ANY INJURY OR LOSS IS EXCLUDED BY THE TERMS AND CONDITIONS ON YOUR SUMMER ACTIVITIES RENTAL AND RELEASE AGREEMENT, CORPORATE PASS AGREEMENT OR SEASON PASS RELEASE AND INDEMNITY AGREEMENT.