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, hereby state that I am aware that all forms of skiing and snowboarding, including but not limited to Alpine, Nordic, Freestyle, Rail Jam, Slopestyle, racing and other snow sports (collectively “Special Event”) are action events and involve many RISKS, DANGERS and HAZARDS, including, but not limited to: falls, boarding, riding and disembarking lifts; changing weather conditions; exposed rock, earth, ice and other natural objects including but not limited to trees, tree stumps, and forest dead fall; the condition of snow or ice on or beneath the skiing and terrain park surface; changes or variations in the terrain which may create blind spots or areas of reduced visibility; changes or variations in the skiing and terrain park surface or subsurface, including changes due to man-made or artificial snow, variable and difficult snow conditions; streams, creeks and exposed holes in the snow pack above streams or creeks; snowcat roads, road-banks or cut-banks; impact or collision with lift towers, fences, snow making equipment, snow grooming equipment, snowmobiles or other vehicles, equipment or structures; impact or collision with other skiers; the failure to ski safely or within one's own ability or within designated areas; negligence of other skiers and; negligence on the part of Treetops Resort, its employees, owners, officers, representatives, directors, shareholders, agents, affiliates and vendors. I am also aware that the RISKS, DANGERS and HAZARDS referred to above exist throughout the Resort area and that many are unmarked. I understand that an appropriate helmet may be required for my participation in this Special Event and I understand that mandatory helmet usage is in no way intended to inspire false confidence and replace the necessity of common sense and safety. The use of a helmet does not eliminate potential injury. It is my sole responsibility to select an appropriate helmet.
In consideration of Treetops Resort accepting my and/or the Minor's participation in the Special Event, and being permitted to use Treetops Resort ski lifts, slopes, terrain parks, restaurants, parking and/or other facilities, INDIVIDUALLY AND AS PARENT/GUARDIAN OF THE MINOR I HEREBY EXPRESSLY ASSUME AND ACCEPT ANY AND ALL RISKS AND DANGERS ASSOCIATED WITH MY AND/OR THE MINOR'S PARTICIPATION IN THE SPECIAL EVENT AND ALL OTHER ACTIVITIES AT TREETOPS RESORT INCLUDING BUT NOT LIMITED TO THE POSSIBILITY OF SERIOUS PERSONAL INJURIES, DEATH AND PROPERTY DAMAGE.
ADULT/PARENT/GUARDIAN: In consideration of Treetops Resort allowing me or the Minor (if applicable) to participate in the Special Event and being permitted to use Treetops Resort ski lifts, slopes, terrain parks, restaurants, parking and/or other facilities, I agree to Release, Hold Harmless, Indemnify and Defend Treetops Resort, its employees, owners, officers, representatives, directors, shareholders, agents, affiliates and vendors (collectively “Treetops Resort”) from any and all claims, actions, losses, suits, damages, and allegations, 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 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 Resorts may sustain in relation to or arising out of my and/or the Minor’s participation in the Special Event and/or use of the ski lifts, slopes, terrain parks, restaurants, parking or other facilities.
I consent to and authorize the taking of photographs and/or videos during my and/or the Minor's visit to Treetops Resort. I grant permission to Treetops Resort to use said photographs and/or 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 my behalf. 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 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.
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: December 7, 2022