1. Definitions. The person who is participating in snowcat and or guided skiing or boarding; or any other activity offered by Released Parties 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 the Participant is under the age of 18. “Released Parties” mean El Diablo Alpine Guides, LLC DBA Silverton Powdercats, Corey Ratner, Ryan Ratner or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders including, without limitation, the owners of land crossed for access to skiing or riding, or on which Participant skis or rides. The “Activity” means taking part in snowcat skiing or boarding; climbing; mountaineering; hiking; hut trips; cross-country skiing; avalanche course; transportation to and from any activity; any other activity or service offered by Released Parties including but not limited to food and beverage service or using any of the indoor or outdoor facilities, areas, parking areas, vehicles, and snowcats of the Released Parties for any purpose. 2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the inherent and other dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: travel to and from the Activity; negligent instruction, guiding, and/or advice; terrain variations; snow conditions; terrain choice; surface and subsurface conditions; vehicle rollover(s); mechanical and equipment failure and defects; improper use of equipment; loss of traction; vehicle maintenance; fire; existing and changing weather conditions; limited access to and/or delay of rescue and medical attention; falling; avalanches; falling rock; cornices; tree wells; snow immersion; suffocation; crevasses; caves; overlooks; skiing or ambulating near a snowcat; riding in, entering and exiting a snowcat; Participant’s failure to maintain his/her own personal equipment; slick or uneven surfaces; slipping; tripping; loss of balance; rugged mountainous terrain; bumps; downed timber; rocks; holes; debris; remnants of mining; marked and unmarked obstacles; drainage channels; varying visibility; unmaintained terrain; unmarked roads and/or trails; Participant’s failure to comply with written or verbal instructions; collisions with natural, man-made objects including, but not limited to collisions with motorized vehicles; collisions with other individuals; falling objects; becoming lost or separated; lack of shelter; mental and physical distress from exposure to any of the above; airborne, foodborne and contagious diseases including but not limited to COVID-19; allergic reactions, wildlife, and negligence of others. THE UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS. 3. Duties of Participant. The Participant assumes the responsibility of maintaining control at all times while engaging in the Activity. Participant is responsible for understanding and complying with all signs and instructions. Undersigned represent that Participant is in good physical and mental health, able to participate in the Activity, and that there are no special problems associated with Participant’s physical or mental condition. 4. Helmets and Avalanche Airbags. El Diablo Alpine Guides, LLC DBA Silverton Powdercats recommends the use of helmets and avalanche airbags while participating in snowcat skiing and/or boarding. The undersigned understand and agree that helmets and avalanche airbags ARE IN NO WAY A GUARANTEE OF SAFETY and that no helmet can protect the wearer against all foreseeable impacts to the head, and that the Activity and other related activities can expose the user to forces that exceed the limits of protection provided by a helmet. Additionally, an avalanche airbag cannot protect the user from all injuries or death that may result from an avalanche. 5. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, the Undersigned agree as follows: (a) Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims, losses and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, breach of warranty, premises liability, and/or breach of contract. (b) Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including attorney and legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity. (c) Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. 7. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. 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 and/or their authorized personnel to call for medical care for Participantor to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation. 9. Miscellaneous. The Undersigned further agree and understand: (a) Participant shall comply with all applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Colorado, and the exclusive jurisdiction for any claim shall be the District Court of San Juan County, Colorado or the Federal District Court of Colorado; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the Undersigned that this Agreement shall remain in effect for the duration of the winter season in which it is executed and be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned; and (e) the Undersigned hereby grants 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 agrees 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 understands and agrees 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 releases Released Parties from any and all claims and demands arising out of or in connection with the use of such Media. I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST. April 29, 2024 |
