Waiver and Release of Liability
In consideration of JUG MOUNTAIN RANCH LLC furnishing services, access, facilities and/or equipment that enable me to participate in outdoor recreational activities that includes skiing, snowboarding, snowshoeing, hiking, snowmobiling, mountain biking, mountain tours by all-terrain vehicles, sightseeing, fishing, golfing, transport in Jug Mountain Ranch automobiles, water sports or any other activities offered by JUG MOUNTAIN RANCH LLC, I agree as follows:
- I fully understand and acknowledge that outdoor recreational activities have: (a) inherent risks, dangers and hazards and such exist In my use of equipment, facilities, vehicles, access routes, and services (collectively, “equipment or services and my participation In activities, (b) my participation in such activities and/or use of such equipment or services may result in injury or illness including, but not limited to, bodily injury, disease, strains, fractures, partial an0/or total paralysis. death, or other ailments that could cause serious disability; (c) these risks, and dangers may be caused by the negligence of the participants, the negligence of others, accidents, breach of contract, the forces of nature or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, guide or employee decision-making, terrain, weather, snow hazards, avalanche hazards, avalanche burial causing serious injury or death, and other hazards and dangers that are integral to recreational activities that take place in outdoor or recreational environment; and (d) by my participation in these activities and/or use of equipment services. I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduit of the owners, agents, officers, or employees of JUG MOUNTAIN RANCH LLC or by any other person.
- I, on behalf of myself my personal representatives and my heirs herebyvoluntarily agree to release, waive, discharge, bond harmless, defend and indemnify JUG MOUNTAIN RANCH LLC and its owners, agents, officers and employees from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, loss of services, or from other damage or injury that otherwise may arise out of my use of any equipment or services of my participation in activities using such equipment or services. I specifically understand that I am releasing, discharging and waiving claims or actions that I may have now, or in the future, for a negligent act or other conduct by the owners, agents, officers or employees of JUG MOUNTAIN RANCH LLC.
- The laws of Idaho shall control “any dispute that may arise out of this agreement or otherwise between the parties with which Jug Mountain Ranch LLC or its agents, officers or employees is a party, and the venue for such action shall reside in Valley County, Idaho.
I HAVE READ THE ABOVE WAIVER AND RELEASE OF LIABILITY AND BY SIGNING IT AGREE AND INTEND TO EXEMPT AND RELIEVE JUG MOUNTAIN RANCH, LLC, ITS AGENTS AND EMPLOYEES, FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.
Waiver and Release of Liability Form
Waiver, Release of Liability & Consent for Medical Treatment
In consideration of myself or my child participating in Nordic and biathlon ski related activities, and/or other activities offered by the McCall Nordic and Biathlon Ski Club (herein after referred to as “MNBSC”), I acknowledge and agree to be bound to the following:
1. Identification of Risks: I understand that participation in any skiing activity, including but not limited to preparation for and participation in, nordic ski competitions and practices, involves risk of serious injury, including permanent disability, death and other losses, due to inactions or negligence of myself or others.
2. Assumption of the Risk: I agree that I am responsible for my safety while participating in activities associated with MNBSC, and that such responsibility includes participation only a) when I am both physically and psychologically prepared to participate safely, b) after fully familiarizing myself with the venue before beginning the activity, and c) while using the equipment of a type and condition reasonably necessary to safely participate. I assume all risk connected with responsibility for any injury or loss connected with my participation.
3. Waiver: Aware of the risks and willing to assume them, I hereby release and agree to hold harmless the MNBSC, its officers, directors, employees, agents, coaches, trainers, doctors, officials, volunteers, affiliates, event organizers, sponsors, owners of property and trails used by me (Released Parties) from loss, injury, or death to myself or other person, or other damage to person or property resulting from my participation in events and competition and any related activities including, without limitation activities in connection with sponsorship, organization or execution of any special event and travel to and from such event, whether I may participate as an athlete, coach, volunteer, spectator, or in any other manner associated with MNBSC. This release is intended as a waiver of any claim I may have whether based upon negligence, breach of warranty, contract, or other legal theory, against any of the above Released Parties, accepting myself the full responsibility for any such loss, injury, death or damage that may result. I intend for this release to also apply to my relatives, personal representatives, heirs, beneficiaries, next of kin and assigns. This waiver does not release acts of gross negligence or willful and wonton misconduct of any party.
4. Consent for Medical Treatment: I agree and give consent to the MNBSC, its officers, directors, employees, agents, coaches, trainers, officials, volunteers, organizers, and sponsors to seek and obtain on my behalf emergency medical care prescribed by a duly licensed Doctor of Medicine or Doctor of Dentistry. This care may be given under whatever conditions are necessary to preserve the life, limb or well-being of my dependent.
5. Image: I grant MNBSC to use my name, and any photograph, video, image, results or record of me from any MNBSC event for all purposes MNBSC may choose.
I have read this Waiver, Release of Liability and Consent for Medical Treatment agreement, and understand that I have given up substantial rights by signing it, and have signed it freely and without any inducement or assurance of any nature, and intend it to be a complete and unconditional release of all liability and consent of medical treatment to the greatest extent allowed by law. If any part of this agreement is determined to be unenforceable, all other parts shall continue in full force and effect.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
The McCall Nordic and Biathlon Ski Club (MNBSC)has put in place preventative measures to reduce the spread of COVID-19; however, MNBSC cannot guarantee that you or your child(ren) will not become infected with COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending the MNBSC activities and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at MNBSC activities may result from the actions, omissions, or negligence of myself and others, including, but not limited to, MNBSC employees and volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s participation in MNBSC programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless the MNBSC, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of MNBSC, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any MNBSC program.
Date: March 5, 2021