I understand and acknowledge that there is an inherent risk of injury, death and hazard in the sport(s) or activities of: Cat Skiing, Heli Skiing, Snowmobiling, Backcountry Skiing, Sightseeing Tours and or Avalanche Classes. I understand that I am
voluntarily participating in this activity with knowledge of the danger involved. I hereby agree to expressly assume and accept all risks associated with participating in this activity, including and without limitation: slides, sloughs, avalanches; any depths of snow, including tree wells, or any accumulations of snow, whether natural or man-made, including snowmaking mounds; freestyle terrain; surface or subsurface snow or ice conditions; bare spots, rocks, trees, other forms of forest growth or debris, lift towers or components thereof; utility poles, changing weather conditions; existing and changing road and trail conditions, erosion; collision with natural objects, man-made objects, or other persons, variations in terrain, including the risks of injury and possible death, to the user of the equipment and to any other person.
I understand that no helmet can protect the wearer against all foreseeable impacts and injuries to the head or body and will not protect against neck, cervical, spine or any other bodily injuries. I understand and agree that the helmet is no guarantee for my safety. I understand that if I become lost or injured, I will be held responsible for the cost of search, rescue and evacuation, including helicopter time.
Participant expressly assumes ALL RISKS and understands these risks include, but are not limited to, risks associated with: Schweitzer Mountain Resort equipment malfunction, including but not limited to surface conditions; marked and unmarked obstacles, slick or uneven ground and walking surfaces, surfaces covered with ice and snow; strenuous activity; high altitude; sharing ski area facilities with people directly involved and/or not directly involved in the Selkirk Powder Company activity. Participant is responsible for reading, understanding and complying with all signage, including instructions on the use of the lifts. Participant recognizes that he/she must have physical dexterity and sufficient knowledge to safely load, ride and unload the lifts. Participant assumes the risks of riding the lifts and engaging in activities accessible from the lifts. Participant understands that snowmobiles, snow grooming equipment may be encountered at any time.
I agree to release, indemnify and hold harmless Selkirk Powder Company and New Schweitzer LLC and their employees, stockholders, agents and affiliated companies from any and all responsibility or liability for any occurrences which might result in an injury, illness, accident or harm of any kind to the user of the equipment arising from my rental or use of skiing, snowboarding, snowmobiling equipment. I release Selkirk Powder Company and New Schweitzer LLC and its employees, stockholders, agents, and affiliated companies from any such responsibility or liability resulting from the use of this equipment by the user or resulting from the selection, inspection, or adjustment of this skiing and snowboarding, snowmobiling equipment by Selkirk Powder Company and New Schweitzer LLC and/or its employees, whether it results from negligence or some other cause.
In consideration of using the permitted touring area facilities, I contractually agree that all claims made against Selkirk Powder Company and New Schweitzer LLC for injury and/or death shall be governed by Idaho state law and exclusive jurisdiction shall be in the District Court residing where the alleged incident occurred or in Federal Court for the State of Idaho.
This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable. The undersigned parent or legal guardian acknowledges that he/she is also signing this release on behalf of the minor and that the minor shall be bound by all the terms of the release. This release shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, insurers, executors, and personal representatives.
Any photos or videos taken of me are expressly released for Selkirk Powder Company’s use.
I, the undersigned, have read this agreement carefully and fully understand its contents. I am aware that this is a release of liability and a contract between myself and Selkirk Powder Company and New Schweitzer LLC that is binding upon me, my heirs, guardians, assigns and legal representatives.
Date: March 1, 2021