1. Definitions. The person or persons who are participating in any “Activity” as defined herein 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 one or more Participant is under the age of 18. “Released Parties” mean Town of Frisco or any of its successors, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, and officials. The “Activity” means taking part in skiing, snow shoeing, or sledding; taking part in events and activities at or offered by the Frisco Nordic Center; using equipment rented from the Frisco Nordic Center; or using the Frisco Nordic Center’s trails or facilities for any purpose.
2. Risks of Activity. The Undersigned understands that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledges that the Activity is inherently dangerous and fully realizes the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: falling; slick or uneven surfaces; surface and subsurface snow conditions; bumps; ice; variations in terrain; timber; stumps; forest growth; rocks; debris; marked and unmarked obstacles; man-made objects; visibility; collisions; jumps; encounters with snowmobiles and/or other motor vehicles; adverse weather; limited access to and/or delay of medical attention; communicable or infectious disease, including Covid-19; fatigue; exhaustion; dehydration; hypothermia; high elevation; altitude sickness; frostbite; equipment malfunction or defects; mental distress from exposure to any of the above; and negligence of others.
The Undersigned acknowledges that the description of the DANGERS AND risks listed above IS not complete and that participating in the Activity may be dangerous and may include other risks, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTANDs THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSEs FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUMES ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
3. Duties of Participant. The Participant assumes the responsibility of maintaining control at all times while engaging in the Activity. Participant is responsible for reading, understanding and complying with all signage. Participant acknowledges that snowmobiles, snow-grooming equipment and/or other motor vehicles and equipment may be encountered at any time.
4. Rental. If Undersigned rents equipment, Participant agrees to accept for use of the equipment rented “AS IS.” Undersigned accepts responsibility for the care of the equipment during the rental period, and agree to be responsible for the replacement at full value of any equipment not returned or returned in a damaged condition. In addition, if the rented equipment is not returned at the agreed upon date and time, the Undersigned shall be also held responsible for late fees. The Undersigned agrees that the Town of Frisco is authorized and shall have the right to charge the Undersigned’s credit card for repair and/or replacement costs and for late fees at the full rental value of any additional time and/or days.
5. Season Pass. If Undersigned purchases a season pass, Undersigned acknowledges that the pass is non-transferable, and may be confiscated and not re-issued if, in the sole judgment of the Town of Frisco, the Participant/pass holder: (a) acts in a manner that could endanger the safety of any person; (b) violates the law; or (c) provides ski lessons or related services for compensation; or engages in fraud or misconduct or creates a nuisance. Re-issued passes may be subject to a replacement fee. Undersigned acknowledges that this pass is non-refundable.
6. Release and Indemnification: In consideration of the Participant being permitted to participate in the Activity, the Undersigned (a) unconditionally releases, forever discharges, and agrees not to sue the Released Parties from and for any claims or causes of action for any liability or loss of any nature, including personal injury, death, and property damage, arising out of or relating to Participant’s participation in the Activity, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract the Undersigned may or will have against the Released Parties; and (b) agrees to indemnify, defend, and hold harmless the Released Parties from and against any liability or damage of any kind and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity.
7. Minor Acknowledgment. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.
8. Medical Care. Undersigned authorize the Released Parties to call for medical care for Participant or to transport Participant to a medical facility or hospital.
9. Media. The Undersigned hereby grant Released Parties the absolute and irrevocable worldwide right, license and permission, without any additional cost, to use Participant’s name, likeness, image, voice, and audio footage or film (collectively referred to as “Media”) obtained during Participant’s participation in the Activity. The Undersigned hereby agree that all right, title, interest and ownership, including copyright, in and to any tangible work in any Media containing Participant’s image so obtained shall be owned exclusively by Released Parties. Undersigned understand and agree that as owner of any such Media, Released Parties shall have the exclusive right to exercise all rights granted under copyright protection relative to the Media. Finally, Undersigned release Released Parties from any and all claims and demands arising out of or in connection with the use of such Media.
10. Miscellaneous. The Undersigned agrees: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Colorado, and the exclusive jurisdiction and venue for any claim shall be located in the state courts located in Summit County, Colorado; (c) this agreement shall be binding upon the subrogors, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned; (d) this Agreement will apply for each and every day Participant engages in any Activity during the applicable operating season. and (e) the singular form of the word Participant herein shall be deemed to include the plural form.
I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.
Date: December 2, 2020