TAMARACK RESORT EVENT PARTICIPANT
WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
This RELEASE OF LIABILITY AGREEMENT is entered into by and between Tamarack Resort Two, LLC, a Florida limited liability company, and its parents, subsidiaries, affiliates, vendors, lessees, contractors and agents1 as well as their respective officers, shareholders, members, managers, directors and employees (collectively referred to herein as “Tamarack”) and any person located on any Tamarack property or using any Tamarack facility including but not limited to the ski area, chairlift, restaurant, retail or lodging facility (the “Participant”).The person who is assisting with, preparing for, taking part in and/or competing in The NWCup event at Tamarack Resort shall be referred to hereinafter as “PARTICIPANT”. “THE UNDERSIGNED” means only the PARTICIPANT when the PARTICIPANT is age 18 or older OR it means both the PARTICIPANT and the PARTICIPANT’S parent or legal guardian when the PARTICIPANT is under the age of 18. THE UNDERSIGNED agree and understand that assisting with, preparing for, taking part in, or competing in
NWCup and/or any other uses of the ski area facilities, including use of the lifts or vehicles (hereinafter the “EVENT”) can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH.
THE UNDERSIGNED are advised that a person using any of the facilities of the ski area EXPRESSLY ASSUMES THE FOLLOWING RISKS:
THE UNDERSIGNED further agree and understand that risks associated with the EVENT, in addition to those previously listed, include, but are not limited to: equipment malfunction; surface conditions; marked and unmarked obstacles; rugged mountainous terrain; slick or uneven riding and walking surfaces, surfaces covered with ice and snow; strenuous activity; high elevation; sharing ski area facilities and EVENT venues with people directly involved and/or not directly involved in the EVENT. PARTICIPANT understands and acknowledges he/she has been informed and understands all rules and regulations of participating in the EVENT. PARTICIPANT is responsible for reading, understanding and complying with all signage, including instructions on the use of the lifts. PARTICIPANT recognizes that he/she must have the physical dexterity and knowledge sufficient to safely load, ride and unload the lifts. PARTICIPANT assumes the risks of riding the lifts and engaging in activities accessible from the lifts. PARTICIPANT understands that snowmobiles, snowmaking, snow-grooming and EVENT preparation equipment may be encountered at any time. PARTICIPANT recognizes that falls and collisions occur and injuries are a common and ordinary occurrence of the EVENT.
THE UNDERSIGNED agree with the premise that as a competitor in an event, PARTICIPANT is a competitor at all times, whether practicing for competition or in competition. PARTICIPANT understands that he/she has the opportunity to inspect the EVENT course prior to participating in the EVENT and that he/she assumes the risk of all course conditions, including, but not limited to, course construction or layout and obstacles. RECOGNIZING ALL THE RISKS, PARTICIPANT VOLUNTARILY CHOOSES TO TAKE PART IN THE EVENT.
In consideration of allowing the PARTICIPANT to participate in the EVENT, THE UNDERSIGNED hereby agree to EXPRESSLY ASSUME ALL RISKS associated with the PARTICIPANT’s participation in the EVENT. Additionally, THE UNDERSIGNED agree to HOLD HARMLESS, release, DEFEND and indemnify Tamarack Resort, , its affiliated organizations and companies; Village I Holdings LLC, Tamarack Development LLC, Tamarack Resort Holdings LLC, Tamarack Food and Beverage LLC, Tamarack Real Estate Holdings LLC, Tamarack Mountain Operations LLC, Tamarack Property Management LLC,Tamarack Trade Marks LLC and each of their respective insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “RELEASED PARTY”) for ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from the PARTICIPANT’s participation in the EVENT, including those claims based on any RELEASED PARTY’s alleged or actual NEGLIGENCE.
THE UNDERSIGNED take full responsibility for any injury or loss to PARTICIPANT, including death, which PARTICIPANT may suffer, arising in whole or in part out of the EVENT. By signing this release, THE UNDERSIGNED AGREE NOT TO SUE any RELEASED PARTY and agree they are releasing any right to make a claim or file a lawsuit against any RELEASED PARTY. THE UNDERSIGNED further AGREE TO INDEMNIFY each RELEASED PARTY for any and all claims of THE UNDERSIGNED and/or a THIRD PARTY arising in whole or in part from the PARTICIPANT’S participation in the EVENT. THE UNDERSIGNED agree to pay all costs and attorney’s fees incurred by any RELEASED PARTY in defending a claim or suit brought by or on behalf of THE UNDERSIGNED.
THE UNDERSIGNED represent that the PARTICIPANT is in good health and there are no special problems associated with his/her care. THE UNDERSIGNED authorize any RELEASED PARTY and/or their authorized personnel to call for medical care for the PARTICIPANT or to transport the PARTICIPANT to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. THE UNDERSIGNED agree that upon PARTICIPANT’s transport to any such medical facility or hospital that the RELEASED PARTY shall not have any further responsibility for PARTICIPANT. Further, THE UNDERSIGNED agree to pay all costs associated with such medical care and related transportation provided for PARTICIPANT and shall indemnify and hold harmless the RELEASED PARTY from any costs incurred therein, or any claims originating therefrom.
In consideration for allowing the PARTICIPANT to participate in the EVENT and for using the ski area facilities, THE UNDERSIGNED agree that ANY AND ALL claims for injury and/or death arising from the PARTICIPANT’s participation in the EVENT shall be GOVERNED BY IDAHO LAW and EXCLUSIVE JURISDICTION of any claim shall be in the District Court residing where the alleged incident occurred or in the Federal Court for the State of IDAHO.
In the case of a minor PARTICIPANT, the undersigned parent or legal guardian acknowledges that he/she is also signing this release on behalf of the minor PARTICIPANT and that the minor PARTICIPANT shall be bound by all the terms of this release. Additionally, by signing this release as the parent or legal guardian of a minor PARTICIPANT, the parent or legal guardian understands that he/she is waiving certain rights on behalf of the minor that the minor otherwise may have. The undersigned parent or legal guardian agrees that but for the foregoing, the minor would not be permitted to participate in the EVENT.
By signing this release without a parent or guardian’s signature, the PARTICIPANT represents that he/she is at least 18 years of age, or, if signing as the parent or guardian of the PARTICIPANT, you represent that you are the legal parent or guardian of the minor PARTICIPANT.
THE UNDERSIGNED agree and understand that this release is applicable to each and every day PARTICIPANT participates in the EVENT.
THE UNDERSIGNED further agrees that Tamarack Resort and all its affiliates may use photographs of THE UNDERSIGNED/PARTICIPANT with or without name and for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and Web content.
This release shall be binding to the fullest extent permitted by law. If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. This release shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of THE UNDERSIGNED.
I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS, AND AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OTHERWISE MAY HAVE.