PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS
I, Individually and/or as Parent or Guardian of, a Minor, if applicable, (hereinafter “HOLDER”), am aware that skiing, snowboarding, race events and related activities are HAZARDOUS and involve many RISKS and DANGERS including, but not limited to: boarding, riding and disembarking ski lifts; falls from lifts or from evacuation equipment, encounters with on-going snow making and grooming; changing weather conditions; contact with exposed rock, earth, ice and other natural objects including but not limited to trees, tree stumps, and forest dead fall; snow or ice on or beneath the skiing surface; changes or variations in the skiing terrain which may create blind spots or areas of reduced visibility; changes or variations in the skiing surface or subsurface, including changes due to man-made or artificial snow, variable and difficult snow conditions; slick walking surfaces, the presence of streams, creeks and exposed holes in the snow pack; snowcat roads, road-banks or cut-banks; impact or collision with lift towers, fences, ropes, buildings, posts, boundary markers, snow making equipment, snow grooming equipment, snowmobiles or other vehicles, equipment or structures; impact or collision with other skiers; negligence of other skiers and negligence on the part of Treetops Resort, its agents and employees. I am aware that the RISKS, DANGERS and HAZARDS referenced above exist throughout the Resort and that many are unmarked.
I agree to conduct myself within the limits of my individual ability while at Treetops Resort and agree not to act, ski or snowboard in a manner that might contribute to injuries. I understand that I am the sole judge of my ability to negotiate a track, trail or slope. The HOLDER understands that he/she is solely responsible for reading and understanding all signage and instructions on the premises and in complying with them.
In consideration of Treetops Resort accepting me as a Season Pass Holder and permitting me to use Treetops Resort ski lifts, slopes, terrain parks, restaurants, parking and other facilities, and to participate in skiing, snowboarding, races and special events, , I HEREBY EXPRESSLY ASSUME AND ACCEPT ANY AND ALL RISKS AND DANGERS ASSOCIATED WITH MY AND/OR THE MINOR'S PARTICIPATION IN SKIING, SNOWBOARDING OR OTHER ACTIVITIES AT TREETOPS RESORT, INCLUDING BUT NOT LIMITED TO THE POSSIBILITY OF PERSONAL INJURIES, DEATH AND PROPERTY DAMAGE.
ADULT/PARENT/GUARDIAN: I further agree to Release, Hold Harmless, Indemnify and Defend Treetops Resort and its employees, owners, officers, representatives, directors, shareholders, agents, affiliates and vendors (collectively “Treetops Resort”) from and against any and all claims, suits, actions, allegations, losses and damages , including claims or actions brought by the Minor, and claims related to or arising from incidents that occurred prior to, on and/or following the date of this release, including but not limited to: allegations of negligence, including the negligence of Treetops Resort, breach of contract, breach of any statutory duty or other duty of care and breach of express or implied warranty. I further agree to Indemnify, Hold Harmless and Defend Treetops Resort from any damage, costs or expenses, including actual attorney fees and costs, without limitation, which Treetops Resort may sustain in relation to or arising out of my participation in skiing, snowboarding, racing, special events or other activities at Treetops Resort.
I consent to and authorize the taking of photographs and/or videos during my and/or the Minor's visit to Treetops Resort. I authorize use of the photos/videos in advertising, displays, web sites, electronic media, brochures, or publications without notification. I waive any and all rights to privacy in the photos/videos, the right to approve the finished photos/videos, printed or electronic matter and the right to arising from or related to the use of the photos and/or videos.
I recognize that situations may arise where emergency or emergent medical or dental care may be necessary for me and/or the Minor. I authorize Treetops Resort to render first aid and to call for medical and/or dental care if, in their opinion, such medical or dental care is needed. I agree to pay for all expenses and costs associated with such care and related transportation.
I understand this Release and Indemnification Agreement shall be binding upon my assignees, subrogors, distributees, heirs, next of kin, executors, personal representatives and administrators and may be pled by Treetops Resort as a complete bar and defense against any and all claims, demands, or causes of action by or on my behalf.
I acknowledge that this activity is taking place in the State of Michigan and I further agree that only the laws of the State of Michigan shall apply in the construction or application of this Agreement. Any provision of this Release and Indemnification Agreement which shall prove to be invalid, void or illegal in no way affects, impairs or invalidates any other provision hereof, and such other provisions shall remain in full force and effect.
I understand that season passes are non-transferable, non-refundable, not for re-sale and may be revoked without refund at any time for misconduct or behavior deemed to be inappropriate by Treetops Resort. I understand that anyone who allows another individual to utilize their season pass or is caught manufacturing or involved in the fake season pass process will be subject to the loss of their pass, fines, and/or legal action. A $99 fee will be charged to reissue a lost or stolen pass. I understand that daily lift tickets will not be issued if the season pass is lost, stolen or forgotten. Treetops Resort is not responsible for lost or stolen ski passes.
I HAVE READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS AND THAT IT IS A RELEASE OF LIABILITY AND INDEMNITY AGREEMENT. I HAVE THE AUTHORITY TO ENTER INTO IT ON MY BEHALF AND/OR ON BEHALF OF THE MINOR. I VOLUNTARILY SIGN IT WITH NO RESERVATIONS AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
Date: September 27, 2023