SELKIRK POWDER COMPANY RELEASE OF LIABILITY – 2025-26 (12/10/25) AGREEMENT AND RELEASE OF LIABILITY Please read the entire Release Agreement before signing TO: Selkirk Powder Company, an Idaho corporation, the state of Idaho and state of Idaho Department of Lands and their respective shareholders, officers, directors, employees, guides, apprentice guides, instructors, advisors, volunteers, agents, consultants, independent contractors, subcontractors, representatives, suppliers, equipment manufacturers, equipment suppliers, distributors, providers, advertisers, health professionals, invitees, customers and/or guests, their successors and/or assigns (hereinafter collectively and individually referred to as “Releasees”). Backcountry Activities Definition: In this Release Agreement the term “backcountry activities“ shall include all activities accommodations, transportation, events, and services provided, arranged, organized, conducted, sponsored, and/or authorized by Releasees and shall include, but not limited to: skiing, helicopter skiing, snowboarding, snowmobiling, snowshoeing, split boarding, touring, ski touring, mountaineering, rock climbing, ice climbing, trekking, hiking; any form of backcountry travel by automobile, truck, snowcat or helicopter, guided and/or without guides; rental and/or use of skis, snowboards, helmets, poles, or other equipment; demonstrations, avalanche classes, educational tours, orientational and instructional courses; loading, unloading, and or travel by or movement in or around helicopters, snowcats, snowmobiles, and motor vehicles; and other activities, events and services in any way connected with or related to backcountry activities. Negligence Definition: In this Release Agreement, the term “negligence” includes the failure by Releasees to use such care as a reasonably prudent and careful person would use under similar circumstances or breach of any other duty of care imposed by law. Assumption and Notice of Risks, Including Avalanches, Terrain, Backcountry Activity, Weather, Other Risks. I am aware that backcountry activities involve risks, dangers, and hazards associated with backcountry activities and I freely accept and fully assume all risks, dangers and hazards and the possibility of personal injury, property damage, death or other loss resulting therefrom. I am aware that participation in backcountry activities involves many risks, dangers and hazards. Avalanches occur frequently in the terrain used for backcountry activities and may be caused by natural forces or by persons traveling through the terrain. I acknowledge and accept that: Releasees may fail to predict whether the terrain being used is safe for backcountry activities, or whether an avalanche or other hazard may occur or be present; and that terrain used for backcountry activities is uncontrolled, unmarked, not inspected and involves many risks, dangers, and hazards in addition to that of avalanche. Communication in the terrain used for backcountry activities is difficult and in the event of an accident rescue and medical treatment may not be available. Weather conditions in such terrain may be extreme and can change rapidly and without warning making travel by helicopter, snowcat, snowmobile or any other manner of conveyance. I am also aware of the risk of mechanical failure and or operational failure, including pilot error or guide error in the operations of helicopters, snowmobiles or any other equipment and there are increased risks in helicopter operations in mountainous areas, especially in winter conditions. Additional hazards may include, but are not limited to: failure of equipment, either my own or that which I rent or borrow from Releasees or third parties; becoming lost or separated with or without a guide; cornices, crevices, cliffs, branches, trees, tree wells, and tree stumps, creeks, rocks, rock falls, loose rock and gravel, boulders, forest dead fall, holes and depressions on or below the snow surface; loss of balance, slips and falls variable and difficult snow conditions, lightning, flooding, snowcat roads, logging roads, and road banks, fences, and other made man-made structures, impact or collision with other persons or objects. I am aware of increased risk of some ski boot, snowboard and telemark boot binding systems that are not designed or intended to release and will not release under normal circumstances and of the use of a safety strap or retention device by snowboarders or telemark skiers without ski brakes will increase the risk of not surviving an avalanche or other dangerous circumstance. Additional hazards may include negligence on the part of other persons; and negligence on the part of Releasees. I understand that negligence includes failure on the part of Releasees to take reasonable steps to safeguard or protect me from the risks, danger and hazards of participating in backcountry activities. SAFETY and PUBLICITY I understand that no helmet can protect me against all foreseeable impacts and injuries to the head and body and will not protect against neck, cervical, spine or other bodily injuries. I understand and agree that the helmet is no guarantee for my safety. I acknowledge and agree that that all expenses associated with non-scheduled or emergency search, rescue, evacuation and/or first aid for me will be my responsibility, and I will hold Releasees harmless and for any and all such expenses. I understand that that I may choose of my own free will to select equipment for backcountry activities provided by Releases or by third parties recommended or arranged by or through Releasees (each a “third party provider”), including equipment I wear, carry and use in any manner, including, but not limited to skis, snowboards, helmets, transceivers, snowmobiles, and that all such equipment used by me may be inspected, adjusted, replaced and/or repaired by Releasees or third party provider, as the case may be, in connection with backcountry activities and I agree to release, indemnify and hold harmless Releasees and third party providers from any liability or responsibility for any and all such use, inspection, adjustment, replacement or repair. I grant full rights of use to Releasees of videos and/or photos taken by Releasees that include me.
Release of Liability, Waiver of Claims and Indemnity Agreement In consideration of the Releasees allowing me to participate in backcountry activities, I hereby agree as follows: 1. To waive any and all claims that I have or may in the future have against the Releasees and third party providers and to release the Releasees and third party providers from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my heirs or successors may suffer as a result of my participation in backcountry activities due to any cause whatsoever, including negligence, breach of contract , or breach of any statute, rule or regulation or other duty of care owed to me by or on the part of Releasees. I understand that negligence includes failure on the part of Releasees to take reasonable measures to safeguard or protect me from or warn me of the risks, dangers and hazards of participating in backcountry activities. 2. To hold harmless and indemnify Releasees from any and all liability for any property damage or personal injury or death to any third party resulting from my participation in backcountry activities. 3. This Release Agreement shall be effective and binding upon my heirs, next of kin, personal representatives, successors and assigns. This Release Agreement shall be binding to the fullest extent permitted by law. If any provision of this Release Agreement shall be deemed by a court of law to be unenforceable, the remaining terms shall be enforceable. 4. This Release Agreement and any rights, duties and/or obligations as between the parties shall be governed by Idaho law and the proper venue for any legal action hereunder shall lie in the court of Bonner County, Idaho. I confirm that I have read and understand this Release Agreement prior to signing it and I am aware by signing this Release Agreement that I am waiving certain legal rights which I or my heirs, next of kin, personal representatives, successors or assigns may have against the Releasees or any of them, I acknowledge that this Release Agreement shall apply to all of my future participation in backcountry activities. December 10, 2025
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