Today's Date: April 9, 2020
SUNDANCE RESORT SNOWSPORTS RELEASE AND INDEMNITY
I, the undersigned, and if I am a person under 18 years of age, my parent or authorized adult (hereafter collectively “I”) understand that Skiing and/or Snowboarding involves significant risk of serious personal injury, property damage, or even death. The risks include a ltitude, falls, collisions with other skiers, classmates or objects, snow conditions, ice, rocks, trees, equipment failures, weather, jumps, steepness, exceeding my ability, lift loading and unloading, and the negligent actions of Sundance Partners, Ltd, its owners and their affiliated organizations and companies, and each of their respective insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter “SUNDANCE”). The undersigned expressly agrees to assume all risk of any loss, damage or injury resulting in any way from the Activity, including any negligence of SUNDANCE.
In consideration of the use of SUNDANCE’S property and instruction by SUNDANCE Snowsports, I agree to the following:
1. Release & Indemnity. To the fullest extent allowed by law, I agree to fully release SUNDANCE from any and all claims for injuries, losses, and damages resulting in any way from “Skiing and/or Snowboarding” instruction, use of lifts or facilities, and/or SUNDANCE’S negligence. My release includes all claims regarding the design, maintenance, manufacture, instructions, or conditions of the Skiing and/or Snowboarding area, course, structures or equipment utilized in the Skiing and/or Snowboarding, express or implied wa rranties 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 Snowsports instruction, 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.
2. 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 them harmless for any damages, injuries, judgements, or lawsuits, resulting from my participation in the Activity. I agree that my obligation not to sue and to indemnify and hold SUNDANCE harmless applies even if they are negligent and includes repayment of all attorneys’ fees and costs incurred by SUNDANCE. I agree that any lawsuit that I file 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. This release shall be effective for all Skiing and/or Snowboarding within one year of the signing of this release.
3. I represent and warrant that I am mentally and physically able to participate in Skiing and/or Snowboarding. I further agree that I have received all information necessary to participate.
4. I shall accept and abide by the rules, regulations and recommendations of Sundance Snowsports Skiing and/or Snowboarding. I agree
to be solely responsible to educate, supervise and make all decisions concerning my participation, including use of the area, ski/snowboarding equipment, attire and involvement in the activities.
5. I understand and agree that children age 6 and older may ride the lift without a Snowsports instructor.
6. Medical Authorization and Medical 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. I agree to pay all costs associated with such medical treatment and related transportation and waive any right of subrogation against SUNDANCE for any medical expense.
7. I irrevocably grant and agree that SUNDANCE shall have the right to use, air, publish, or reproduce photographs, video, and/or pictures of my name, image, and likeness for any lawful purpose.
8. I understand and agree that this contract is binding upon my heirs 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.