I understand and acknowledge that snow tubing is a HAZARDOUS ACTIVITY and that my and/or the Minor’s participation in snow tubing and use of Snow Snake Mountain, Inc.’s tubes and Tubing Park has many risks and dangers which may result in personal injury, paralysis or death, including, but not limited to: collisions with walls/sides of the tubing runs, with other tubers or bystanders or other structures or debris in or near the Tubing Park area and run-out area; the chance of falling out of the tube; injuries sustained while using the conveyer lift system, negligence of other participants, and negligence on the part of Snow Snake Mountain, Inc., its agents and employees. I realize that injuries during participation in tubing activities are a common occurrence and that snow conditions vary constantly in the tubing park because of weather changes and snow tubing use. I acknowledge and understand that the snow tube and any other equipment provided and/or used during tubing is provided AS IS and acknowledge that NO WARRANTIES are being extended to me and/or the Minor with respect to any aspect of snow tubing.
In consideration of Snow Snake Mountain, Inc. allowing me and/or the Minor to tube, use Snow Snake Mountain, Inc.’s related equipment, area facilities and parking areas, I expressly assume and accept any and all risks and dangers associated with my and/or the Minor’s participation in tubing and other activities at Snow Snake Mountain, Inc.. In further consideration, I agree to Release, Hold Harmless, Indemnify and Defend Snow Snake Mountain, Inc., its employees and agents from and against any and all claims, suits, actions, including claims or suits brought by the Minor, including but not limited to: allegations of negligence, including the negligence of Snow Snake Mountain, Inc., its employees and agents, breach of contract, breach of any statutory duty or other duty of care and breach of express or implied warranty. I further agree to Indemnify, Hold Harmless and Defend Snow Snake Mountain, Inc., its employees and agents from any and all costs or expenses, without limitation, which Snow Snake Mountain, Inc. sustains as a result of, related to, or alleged to be related to my or the Minor’s participation in tubing or other activities available on Snow Snake Mountain, Inc. premises.
This Waiver is governed by the laws of the State of Michigan. If any part of this Waiver is found to be unenforceable all other parts shall remain in full force and effect.
I have read the above paragraphs and fully understand them. I understand and acknowledge that snow tubing is a purely voluntary activity and that Snow Snake Mountain, Inc. Mountain, Inc. would not allow me to participate in snow tubing if I did not agree to the provisions of this WAIVER. I recognize that I am free not to participate in snow tubing and can reject this WAIVER on behalf myself but I have voluntarily chosen to sign it.