If you are unwilling to assume all the risks and responsibilities associated with all mountain activities and use of Mt. Baker Ski Area, Inc. and/or any of its facilities, DO NOT sign this document, in which case you will NOT be authorized or eligible to purchase or use a Mt. Baker season pass. If you sign this document, BUT make any alterations to it, you are NOT authorized or eligible to purchase or use a Mt. Baker Ski Area season pass.
This RELEASE AGREEMENT pertains to the use of any and all Mt. Baker Ski Area, Inc facilities and/or services.
NOTE: Mt. Baker Mountain Policies and Guidelines are INCLUDED IN THE TRAIL MAP, posted at the ski area, and on the Mt. Baker Ski Area website: www.mtbaker.us/ski-area-info/safety-education/mtn-safety
The undersigned passholder named in this Agreement (“I”) agrees and acknowledges that by purchasing and/or using a Mt. Baker Ski Area season pass, using any Mt. Baker Ski Area, Inc. facilities and/or services, or participating in any mountain activities at Mt. Baker Ski Area, THE PASSHOLDER IS SUBJECT TO THE FOLLOWING RULES AND CONDITIONS OF USE BY MT. BAKER SKI AREA, INC. AND AGREES TO THESE TERMS:
1. I ACCEPT RESPONSIBILITY TO:
a. ADHERE TO CURRENT SKI AREA COVID-19 POLICIES and be responsible for my own safety and safety practices. I UNDERSTAND the contagious nature of COVID-19 and that despite precautions I may be at risk for exposure to COVID-19 and I accept this risk.
b. BE AWARE OF MY ENVIRONMENT and location.
c. EDUCATE MYSELF regarding the mountain environment, including the risks, hazards, and dangers of mountain activities, as well as educate myself about Mt. Baker Ski Area policies and guidelines, codes and laws. The information is available in multiple locations.
d. Use GOOD JUDGMENT, BE SAFETY CONSCIOUS, and USE COMMON SENSE at all times.
e. ACTIVELY ASSESS AND MINIMIZE RISKS and hazards at all times.
f. RESPECT all warnings and warning signs.
g. BE AWARE OF MY ACTIONS and how they affect myself and others.
h. ACT RESPONSIBLY for my safety and the safety of others.
i. ADHERE TO SAFE CHAIR LIFT AND TOW RIDING BEHAVIOR and practices.
j. ADHERE TO ALL MOUNTAIN POLICIES and guidelines, as well as applicable codes and laws.
2. I understand that I MAY BE SERIOUSLY HURT, including fatal injuries, using the facilities or services of Mt. Baker Ski Area, Inc. I ACCEPT FULL RESPONSIBILITY FOR ALL MEDICAL EXPENSES INCURRED AND ANY ECONOMIC AND NON-ECONOMIC LOSSES OR DAMAGES INCURRED as a result of the use of this SEASON PASS and/or any Mt. Baker Ski Area, Inc. facility or service.
RISKS, HAZARDS, AND DANGERS
3. I understand that as a visitor to Mt. Baker Ski Area I will encounter a rugged, ever-changing, and at times severe mountain environment. I UNDERSTAND THAT MY SAFETY IS NOT GUARANTEED.
4. WARNING: RISK OF AVALANCHE. I understand that while snow safety and avalanche mitigation efforts by Mt. Baker Ski Area may help reduce the risk of avalanches, avalanches and snow slides occur at ski areas, both inside and outside of posted boundaries. AVALANCHES ARE AN INHERENT RISK OF THE SPORT due to the characteristics of snow and its variable nature in the ever-changing mountain environment. I understand that I am responsible for becoming educated about snow safety and using this education to reduce the risk of injury or death, to myself and/or others through my own actions and awareness. See www.nwac.us, www.avalanche.org and www.deepsnowsafety.org for more information.
5. I UNDERSTAND SKIING AND SNOWBOARDING ARE ACTION SPORTS AND THAT SKIING, SNOWBOARDING, and MOUNTAIN ACTIVITIES, INCLUDING RIDING CHAIR LIFTS AND TOWS, CARRY SIGNIFICANT INHERENT RISK OF SERIOUS PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND ECONOMIC LOSS, AND THAT THE ENTIRE SKI AREA EXISTS IN A HAZARDOUS MOUNTAIN ENVIRONMENT. I understand these risks which, independently or in combination with my activities or the acts of others, may cause property damage, severe social, economic and non-economic losses, permanent disability, severe or even fatal injuries to myself or others. Such consequences may also result from my own actions or inactions, negligence of others, the condition of the premise, and/or any equipment used. Further, I understand there may be other risks including those not known to me or not reasonably foreseeable at this time including exposure to COVID-19. Falls and collisions with other people or objects do occur and I ASSUME ALL RISKS AS WELL AS THE RESPONSIBILITY TO SKI OR SNOWBOARD UNDER CONTROL AT ALL TIMES.
6. I understand MOUNTAIN HAZARDS EXIST and may cause serious personal injury or even death. Mountain hazards include both NATURAL AND HUMAN CREATED HAZARDS which may be MARKED OR UNMARKED and ON OR OFF THE SLOPES. These NATURAL AND HUMAN CREATED MOUNTAIN HAZARDS exist in and around ALL FACILITIES OF THE SKI AREA and include but are not limited to: ORGANIC, GEOLOGICAL, SNOW, WATER AND WEATHER-RELATED HAZARDS such as avalanches, sliding or falling snow, bare spots, variation and changes in snow, ice and terrain along with bumps, deep snow, tree wells, snow immersion suffocation hazards, creeks, holes, moguls, stumps, forest growth and debris, rocks, cliffs, extreme terrain, freestyle or feature terrain, jumps, and mountain weather conditions. HUMAN CREATED HAZARDS include but are not limited to: equipment, lifts and tows, snow machines, snowmobiles, terrain modifications, and collisions with structures, people, machines or devices and include exposure to COVID-19. MANY OTHER HAZARDS AND DANGERS EXIST WITHIN THE MOUNTAIN ENVIRONMENT including those that may not be known to me. SUCH HAZARDS AND DANGERS ARE RECOGNIZED AND ACCEPTED whether they are marked or unmarked, on or off the slopes and they may occur without warning.
7. I understand THERE ARE INHERENT RISKS AND DANGERS WHEN RIDING CHAIR LIFTS AND TOWS and that WHEN RIDING CHAIR LIFTS OR TOWS IT IS MY RESPONSIBILITY TO BE FAMILIAR WITH PROPER LOADING, RIDING, AND UNLOADING TECHNIQUES, PROCEDURES, AND BEHAVIOR. I am responsible for maintaining good judgment, and appropriate and safe chair lift and tow riding behavior and practices, and assume all the risks associated with loading, riding, unloading, and all activities related to the use of chair lifts or tows. I also agree that I will not attempt to ride a chair lift or tow until I am willing to fully assume all responsibility for appropriate and safe chair lift and tow riding behavior as well as all risks associated with loading, riding, and unloading chair lifts and tows.
8. I understand the nature of skiing, snowboarding, and mountain activities, including riding chair lifts and tows, changing snow conditions, and avalanches.
9. I understand that helmets, safety equipment, proficiency checks, supervision and/or enforcement of rules DO NOT AND CANNOT GUARANTEE MY SAFETY.
10. I certify that with my experience, capabilities, and current physical condition I AM QUALIFIED TO PARTICIPATE IN SKI, SNOWBOARD, and MOUNTAIN ACTIVITIES AND HAVE NOT BEEN ADVISED OTHERWISE BY A MEDICAL PROFESSIONAL.
11. I AUTHORIZE AND CONSENT TO ANY FIRST AID, medical treatment or transport for myself that is deemed appropriate by a Mt. Baker first aid provider acting within the scope of his or her training.
PASS PURCHASE POLICIES AND USE
12. All visitors to the ski area are expected to adhere to ALL MT. BAKER SKI AREA MOUNTAIN POLICIES AND GUIDELINES. I understand that VIOLATION of any of these policies MAY RESULT IN FINES, SUSPENSION OR REVOCATION OF SKIING OR SNOWBOARDING PRIVILEGES WITHOUT REFUND, AND/OR POSSIBLE PERMANENT TRESPASS FROM THE SKI AREA. Infractions of any of the policies will remain on file and will affect eligibility for future pass purchases and/or use of Mt. Baker Ski Area, Inc. facilities or services.
13. I understand that I MAY BE PHOTOGRAPHED and I agree to allow any photos, video, or film likeness of myself to be used for any legitimate promotional purpose by Mt. Baker Ski Area, Inc.
14. Mt. Baker Ski Area, Inc. reserves the right to close any or all facilities due to circumstances under its control or beyond its control: i.e., weather, lack of snow, road closures, etc. FACILITY AND LIFT OPERATION MAY VARY. I understand the season opening and closing dates are at the discretion of Mt. Baker Ski Area, Inc. and may vary from printed schedules. I understand that if restrictions on the number of people skiing or snowboarding on a given day are needed, Mt. Baker Ski Area will implement an online reservation system for skiing / riding access and that on reservation days I will be required to make a reservation and activate my reservation at the ski area to receive a reservation lift ticket for the day in order to access the lifts. NO REFUNDS OR CREDITS ON THE PURCHASE OF THIS PASS WILL BE ISSUED due to variations in facility and/or ski area operation during the 2020-2021 season or limited access due to reservations.
15. If there are day(s) within the 2020-21 Winter Season Operation Calendar between December 10, 2020 and May 5, 2021 that the ski area is unable to operate AS A CONSEQUENCE OF a closure to the public because of COVID-19 restrictions mandated by government or health agency or inability to operate because of reduction in staff due to COVID-19, we will issue season pass credit based on the number of COVID-19 closure days listed in the MT. BAKER SEASON PASS COVID-19 CLOSURE CREDIT ASSURANCE 2020-21 CHART and per the terms of such.
16. At no time after payment is received is the season pass REFUNDABLE, TRANSFERABLE AND/OR EXCHANGEABLE. This pass is valid only during the 2020-2021 season. This pass may be used only by the passholder named below. ANYONE USING A FORGED, UNAUTHORIZED, INVALID, STOLEN OR TRANSFERRED SEASON PASS WILL BE CONSIDERED A TRESPASSER AND ISSUED A MINIMUM OF A $750 FINE AND FACE FELONY CHARGES AND PROSECUTION. ANY ATTEMPT to resell or transfer use of the pass subjects the user of the pass as well as the passholder to FINES AND PROSECUTION under Washington State Law, as well as revocation of all skiing and snowboarding privileges at Mt. Baker Ski Area.
17. In the event the SEASON PASS IS FORGOTTEN, the passholder must PURCHASE A DAILY LIFT TICKET at the full daily lift ticket rate.
18. If lost or stolen, this pass shall be immediately reported to email@example.com. There will be a $75 REPLACEMENT COST AND A ONE WEEK WAITING PERIOD from the time the pass is reported missing to firstname.lastname@example.org. Positive ID is required to receive a replacement pass.
19. The Mt. Baker Ski Area SEASON PASS will be used in place of the daily lift ticket on non-reservation days, or in addition to a reservation lift ticket when reservations are required. The PASS, and RESERVATION LIFT TICKET when reservations are required, MUST BE VISIBLE to authorized ski area personnel before loading onto the lifts. THE PASS WILL BE VOID IF ALTERED OR DEFACED IN ANY WAY and the passholder will be responsible for a $40 reprint fee at the discretion of an authorized Mt. Baker supervisor.
20. For this pass to be valid, I certify that the signature below is that of myself and that I have made no misrepresentation about my identity during the purchase process or on this Release Agreement.
HOLD HARMLESS AND INDEMNIFICATION
21. I voluntarily agree to RELEASE, INDEMNIFY and HOLD HARMLESS Mt. Baker Ski Area, Inc., its owners, land owners, directors and officers, employees, sponsors, and agents ("Mt. Baker") from any and all claims related in any way to activities at or use of Mt. Baker Ski Area and any of the Mt. Baker Ski Area, Inc. facilities or services and risks associated with COVID-19; including any and all claims for death, personal injury, property damage, social losses, economic and non-economic losses, financial hardship, damages, theft, or actions of any kind, whether caused by negligence or otherwise.
22. I agree to pay any and all legal fees incurred by Mt. Baker which may arise from any claims, actions or lawsuits by or on behalf of myself, the passholder, my heirs, executors, or administrators.
23. This RELEASE/INDEMNIFICATION clause shall be construed broadly to provide INDEMNITY and RELEASE OF LIABILITY to the maximum extent permissible under applicable law. This RELEASE AGREEMENT is governed by the Laws of the State of Washington and venue for any disputes regarding this AGREEMENT and/or use of Mt. Baker Ski Area, Inc. facilities or services will be in the Superior Courts of Whatcom County.
24. I accept that if any provision of this agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of this entire Agreement will be severable and remain in effect.
I certify that I have READ, UNDERSTAND AND ACCEPT the terms of this Agreement and freely accept and assume the risk that I can suffer property damage, financial hardship, social losses, economic and non-economic losses, damages, illness, and severe personal injury or even death to myself or my heirs by using Mt. Baker Ski Area, Inc. facilities and/or services, or participating in mountain activities and associated activities, not only in ways described, but also in ways that are unknown and/or unexpected, even if I follow instructions or advice. I have had sufficient opportunity to read this entire document and I understand and agree to the responsibilities, purchase terms and policies of this Release Agreement and Season Pass Agreement. I have reviewed a copy of Mt. Baker's Mountain Policies and Guidelines including the current COVID-19 policies, Your Responsibility Code and Washington State Law RCW 79A.45.030, available in the trail map, website www.mtbaker.us, and/or posted at the ski area and understand and agree to the terms of these policies.
I HAVE REVIEWED AND UNDERSTAND THE RESPONSIBILITIES, RISKS, HAZARDS, TERMS, AND POLICIES OUTLINED IN THIS DOCUMENT. I AGREE NOT TO SUE MT. BAKER SKI AREA, INC.