I understand and am aware that snow tubing and snowmobiling are hazardous and dangerous activities. I understand that riding a snow tube or snowmobile involves a risk of serious bodily injury and/or death. I, on behalf of myself, my children, heirs, executors or assigns, herby unconditionally release from all liability, indemnify and hold harmless Tahoe Snowmobiles and its owners, representatives, agents, affiliates, partners, officers, directors, servants and employees of and from any claims for damage, injury, or death resulting from participating in these activities.
I understand that there are inherent and other risks involved in riding a snow tube or snowmobiles including the load and unload areas, the tracks and all of their parts as well as the snow tubes and snowmobiles themselves. These risks include, but are not limited to: variation in snow, steepness of terrain, ice and icy conditions, moguls, rocks, trees, and other forms of forest growth or debris (above or below the surface), bare spots, cables, utility lines, pipes, poles and guy wires, snowmaking and grooming equipment and component parts, fences and control nets and the absence of such fences and nets and other forms of natural or man-made obstacles on and/or off chutes. There is also a risk of collisions with such obstacles, equipment and natural objects as well as with other snow tubes or snowmobiles. Snow chute conditions vary constantly because of weather changes and snow tubing use. I am aware that snowmaking and snow grooming may be in progress at any time. These are only some of the risks of riding a snow tube or snowmobile. Track and snow tube speed conditions may vary with weather changes. All of these and other risks present the risk of serious and/or fatal injury.
I accept the use of a snow tube or snowmobile, as is, and accept full responsibility for its care while in my possession. If the snowmobile that I use is damaged on the rental, Tahoe Snowmobiles will determine whether to repair or replace the snowmobile, and I will pay 100% of the cost of repair or replacement. I agree to assume the risk of injury while participating in this activity even if the snow tube or snowmobile itself is defective. I further agree to abide by all instructions and rules both written and verbal, including that I will not allow or put a child under the age of five on a snowmobile or a snow tube.
In the event that I file a lawsuit against Tahoe Snowmobiles, I agree to do so solely in El Dorado or Douglas County, and I further agree that the substantive law of the state shall apply in that action without regard to the conflict of law rules of that state.
I have read the above Contract and Release of Liability Agreement and fully understand it. I understand that riding a snow tube or snowmobile is a purely voluntary activity and that Tahoe Snowmobiles would not allow me or my minor children to participate in riding a snow tube or snowmobile if I did not agree to the provisions of this Release from Liability. I recognize that I am free not to participate in riding a snow tube or snowmobile and can reject this Release of Liability on behalf of my minor children, and myself but I have voluntarily chosen to sign it. I also agree while at Tahoe Snowmobiles, it is possible that my photograph may be taken by a Tahoe Snowmobiles photographer to be used in various publications and social media channels. I understand that I may not be issued my rental at my pre-determined appointment time, but that I will not lose any rental time. I verify that this form was not altered, edited, changed, or compromised from the time of download to signing and submission. As the Undersigned, I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the Undersigned’s intent that this Agreement shall be binding upon the assignees, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.
April 18, 2021