If either the minor or legal guardian 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 or services, DO NOT sign this document, in which case the minor will NOT be authorized or eligible to participate in a Mt. Baker Instruction Program. If you sign this document, BUT make any alterations to it, the minor is NOT authorized or eligible to participate in a Mt. Baker Instruction Program.
This RELEASE AGREEMENT pertains to participation in ALL lessons or instruction and/or the use of any and all Mt. Baker Ski Area, Inc. facilities, services, and/or equipment.
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
This Agreement APPLIES TO BOTH THE PARENT/LEGAL GUARDIAN (“the Legal Guardian”) AND THE MINOR PARTICIPANT (“the Minor Participant”) named in this Agreement. The terms “We” and “Our” refer to both the Legal Guardian and the Minor Participant and remain enforceable even if only one Party signs the Agreement.
We agree and acknowledge that by participating in an instruction program and/or using any Mt. Baker Ski Area, Inc. facilities and/or services, or participating in any mountain activities at Mt. Baker Ski Area, WE ARE SUBJECT TO THE FOLLOWING RULES AND CONDITIONS OF USE BY MT. BAKER SKI AREA, INC. AND AGREE TO THESE TERMS:
1. WE ACCEPT RESPONSIBILITY TO:
a. ADHERE TO CURRENT SKI AREA AND INSTRUCTION PROGRAMS COVID-19 POLICIES and be responsible for our own safety and safety practices. WE UNDERSTAND the contagious nature of COVID-19 and that despite precautions we may be at risk for exposure to COVID-19 and we accept this risk.
b. BE AWARE OF OUR ENVIRONMENT and location.
c. EDUCATE OURSELVES regarding the mountain environment, including the risks, hazards, and dangers of mountain activities, as well as educate ourselves 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 OUR ACTIONS and how they affect ourselves and others.
h. ACT RESPONSIBLY for our own 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. We understand that WE MAY BE SERIOUSLY HURT, including fatal injuries, using the facilities or services of Mt. Baker Ski Area, Inc. WE ACCEPT FULL RESPONSIBILITY FOR ALL MEDICAL EXPENSES INCURRED AND ANY ECONOMIC AND NON-ECONOMIC LOSSES OR DAMAGES INCURRED as a result of the Minor Participant’s participation in an instruction program and/or our use of any Mt. Baker Ski Area, Inc. facility or service.
3. The Legal Guardian understands that it is his/her RESPONSIBILITY to, at a minimum but not limited to those outlined in this agreement, INFORM AND EDUCATE BOTH THEMSELVES AND THE MINOR PARTICIPANT about all RESPONSIBILITIES, Mountain Policies and Guidelines, safety information, use of all facilities including chair lifts and tows, appropriate and safe chair lift and tow riding behavior, and the risks of skiing, snowboarding, and mountain activities.
4. We understand that PHYSICAL ASSISTANCE IS A NORMAL PART OF SPORTS COACHING and is often necessary and appropriate to teach a skill, spot a skill for safety, console or congratulate a participant. Such assistance may be part of the coaching the Minor Participant receives as part of this instruction program and we understand that it is our RESPONSIBILITY to notify the coach or instructor if the Minor Participant does not want to receive such assistance.
5. We understand that any instruction or coaching the Minor Participant may receive is a suggestion, and that the MINOR PARTICIPANT IS RESPONSIBLE FOR BEING THE SOLE JUDGE OF HIS OR HER ABILITY, and is RESPONSIBLE for his or her actions as a skier/snowboarder and during all activities at the ski area. Guidelines and information about ability levels is available at the instruction desk and at www.mtbaker.us.
6. We understand that THE USE OF HELMETS IS RECOMMENDED and that we are RESPONSIBLE for this personal choice.
RISKS, HAZARDS, AND DANGERS
7. We understand that as visitors to Mt. Baker Ski Area we will encounter a rugged, ever-changing and at times severe mountain environment. WE UNDERSTAND THAT OUR SAFETY IS NOT GUARANTEED.
8. WARNING: RISK OF AVALANCHE. We 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. We understand that we are responsible for becoming educated about snow safety and using this education to reduce the risk of injury or death to either of us and/or others through our own actions and awareness. See www.nwac.us, www.avalanche.org, and www.deepsnowsafety.org for more information.
9. WE 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, OR PROPERTY DAMAGE, AND ECONOMIC LOSS, AND THAT THE ENTIRE SKI AREA EXISTS IN A HAZARDOUS MOUNTAIN ENVIRONMENT. We understand these risks which, independently or in combination with our 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 ourselves or others. Such consequences may also result from our own actions or inactions, negligence of others, the condition of the premise, and/or any equipment used. Further, we understand there may be other risks including those not known to us or not reasonably foreseeable at this time including exposure to COVID-19. Falls and collisions with other people or objects do occur and WE ASSUME ALL RISKS AS WELL AS THE RESPONSIBILITY TO SKI OR SNOWBOARD UNDER CONTROL AT ALL TIMES.
10. We 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 not known to us. 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.
11. We understand that part of an instruction program may include RIDING CHAIR LIFTS or TOWS. We understand THERE ARE INHERENT RISKS AND DANGERS WHEN RIDING CHAIR LIFTS AND TOWS and that WHEN RIDING CHAIR LIFTS OR TOWS IT IS OUR RESPONSIBILITY TO BE FAMILIAR WITH PROPER LOADING, RIDING, AND UNLOADING TECHNIQUES, PROCEDURES, AND BEHAVIOR. We are responsible for maintaining good judgement, 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. We also understand that if the Minor Participant rides a chair lift, he or she may ride the lift with an instructor, with other students, with a member of the public, or alone. We also agree that we will not attempt to ride a chair lift or tow until we are 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.
12. We understand the nature of skiing, snowboarding, and mountain activities, including riding chair lifts and tows, changing snow conditions, and avalanches.
13. We understand that helmets, safety equipment, proficiency checks, supervision and/or enforcement of rules DO NOT AND CANNOT GUARANTEE OUR SAFETY.
14. We certify that with the Minor Participant’s experience, capabilities, and current physical condition THE MINOR PARTICIPANT IS QUALIFIED TO PARTICIPATE IN SKI, SNOWBOARD, and MOUNTAIN ACTIVITIES AND HAS NOT BEEN ADVISED OTHERWISE BY A MEDICAL PROFESSIONAL.
15. We AUTHORIZE AND CONSENT TO ANY FIRST AID, medical treatment or transport for the Minor Participant that is deemed appropriate by a Mt. Baker first aid provider acting within the scope of his or her training.
PROGRAM PURCHASE AND PARTICIPATION TERMS AND POLICIES
16. All visitors to the ski area are expected to adhere to ALL MT. BAKER SKI AREA MOUNTAIN POLICIES AND GUIDELINES. We understand that VIOLATION of any of these policies MAY RESULT IN FINES, SUSPENSION OR REVOCATION OF SKIING OR SNOWBOARDING PRIVILEGES AND ENDING PARTICIPATION IN ANY INSTRUCTION PROGRAM 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 participation in Mt. Baker Instruction Programs and/or use of Mt. Baker Ski Area, Inc. facilities or services.
17. We understand that WE MAY BE PHOTOGRAPHED and we agree to allow any photos, video or film likeness of the Legal Guardian or the Minor Participant to be used for any legitimate promotional purpose by Mt. Baker Ski Area, Inc.
18. Mt. Baker Ski Area, Inc. reserves the right to close any or all facilities or cancel or postpone any instruction program due to circumstances under its control or beyond its control: i.e., weather, lack of snow, road closures, etc. FACILITY, LIFT OPERATION, AND DURATION OF INSTRUCTION PROGRAMS MAY VARY. We understand that program dates are at the discretion of Mt. Baker Ski Area, Inc. and may vary from printed schedules. NO REFUNDS OR CREDITS ON THE PURCHASE OF THIS INSTRUCTION PROGRAM WILL BE ISSUED for programs that run the original quantity of sessions purchased.
19. For the Minor Participant to be authorized and eligible to participate in an instruction program, we certify that the signatures below are that of the Minor Participant and the Legal Guardian and that we have made no misrepresentation about our identity during the purchase process or on this Release Agreement.
HOLD HARMLESS AND INDEMNIFICATION
20. The Legal Guardian voluntarily agrees 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 participation in an instruction program and/or any 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. The Minor Participant agrees to this clause as permitted by law.
21. The Legal Guardian agrees 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 the Legal Guardian(s), the Minor Participant, our heirs, executors, or administrators.
22. 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.
23. We 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.
We certify that we have READ, UNDERSTAND and ACCEPT the terms of this Agreement, and freely accept and assume the risk that we can suffer property damage, financial hardship, social losses, economic and non-economic losses, damages, illness, and severe personal injury or even death to ourselves or our heirs by participating in an instruction program, utilizing Mt. Baker rental equipment, 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 we follow instructions or advice. We have had sufficient opportunity to read this entire document and we understand and agree to the responsibilities, purchase terms, and policies of this Release and Instruction Program Participant Agreement. We 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, and/or posted at the ski area and understand and agree to the terms of these policies.
WE HAVE REVIEWED AND UNDERSTAND THE RESPONSIBILITIES, RISKS, HAZARDS, TERMS, AND POLICIES OUTLINED IN THIS DOCUMENT. WE AGREE NOT TO SUE MT. BAKER SKI AREA, INC.