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, including any instruction regarding the same provided by the Resort (the “Activity”) involves significant risk of serious personal injury, property damage, or even death. The risks arise from altitude, heights, speed, collisions with other skiers, classmates or objects, snow conditions, ice, rocks, trees, equipment failures, weather, jumps, steepness, exceeding my ability, lift loading and unloading, poor judgment, and the negligent actions of others. I acknowledge that if I have certain physical or psychological conditions, or am taking certain medications, those risks and likelihood of injury can increase. I expressly agree to assume all risk of any loss, damage or injury resulting in any way from the Activity.
In consideration of being allowed to participate in the Activity and use the related facilities I agree to the following:
1. Release & Indemnity. To the fullest extent allowed by law, I agree to fully release Sundance Mountain Resort, Storyteller Canyon Property Owner LP, Storyteller Canyon Operating Company, LLC, Sundance Partners, Ltd., Sundance Development Corporation and their respective owners, affiliates, insurance carriers, agents, employees, representatives, agents, assignees, officers, directors, and shareholders (collectively the “Resort”) from any and all claims for injuries, losses, and damages resulting in any way from the Activity, use of lifts or facilities, and the actions and negligence of the Resort. I also agree to release the Resort from all claims regarding the design, maintenance, manufacture, or conditions of the Activity area, course, structures or equipment utilized in the Activity, and I acknowledge that no express or implied warranties are given regarding the same. To the fullest extent allowed by law, I agree to indemnify and hold the Resort harmless from all claims, damages or injuries in any way related to any participation in the Activity, instruction provided by the Resort, use of lifts or facilities at the Resort, including my breach of this release, and will reimburse the Resort’s attorney’s fees and costs, even if the Resort was negligent.
2. No Lawsuit/Hold Harmless. To the fullest extent allowed by law, I agree not to file any lawsuit against the Resort, and to indemnify the Resort and hold it 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 the Resort harmless applies even if it is negligent and includes payment of all attorneys’ fees and costs incurred by the Resort. I agree that any lawsuit that I file against the Resort shall be filed in Utah’s Fourth District Court, or Federal District Court for the District of Utah and that Utah law shall apply.
3. I represent and warrant that I am mentally and physically able to participate in the Activity. 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 the Resort. I agree to be solely responsible to educate, supervise and make all decisions concerning my participation, including use of the area, equipment, attire and physical condition. I acknowledge that if I am not complying with the rules, regulations, or directions of the Resort related to the Activity, or if I appear to be impaired or otherwise present a safety risk to other participants, then I may be asked to leave the Resort and may be barred from participating in the Activity in the future.
5. I understand that if this release pertains to a minor then only minors age 6 and older may ride any lift without my supervision.
6. Medical Authorization and Medical Insurance. I authorize the Resort, at the discretion of any Resort 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 the Resort for any medical or transportation expense.
7. I give the Resort permission to take and 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 release is binding upon my heirs and legal representatives and is a final and complete release. If portions of this release are invalid, then I agree that the remaining portions will remain enforceable.
9. This release shall be effective for one year of the date of the signing of this release.
Participants under the age of 18 (“minor”) are required to have an authorized parent, legal guardian (hereinafter “Responsible Party”) read and sign this release. To the fullest extent allowed by law, the Responsible Party individually and on behalf of the minor has read, understood, and expressly agrees to all of the terms of this release. The Responsible Party agrees and acknowledges Responsib le Party’s and minor’s express assumption of risk, release of liability, indemnity and covenants not to sue the Resort. The Responsible Party agrees to be solely responsible to educate, supervise and make all decisions concerning the minor’s participation, including use of the area, equipment, attire, physical condition, and involvement in the Activity. The Responsible Party releases all of their rights or claims resulting from the minor’s participation in the Activity or use of Resort property including wrongful death damages and agrees to indemnify the Resort for any other Responsible Party’s claims against the Resort. The Responsible Party agrees to pay all medical bills incurred by the minor as a result of involvement in the activities and waives all rights of subrogation against the Resort.
I HAVE READ, UNDERSTOOD AND HEREBY VOLUNTARILY SIGN THIS RELEASE.