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CORE MOUNTAIN ENTERPRISES LLC, dba SILVERTON MOUNTAIN

Silverton Mountain Basic Info You Must Know Before Skiing 

You must observe, read and understand all posted signs and information before skiing. 

This is not a regular ski area.  It is an Extreme Terrain only area and operates much differently. You could die here today.  Cliffs and other hazards are not marked.  Please respect that. 

You are skiing avalanche paths and avalanches are possible at any time.  The risk of avalanches on or near steep slopes cannot be eliminated and is a risk inherent in skiing in/around steep terrain.  Pay attention and minimize your time spent in avalanche areas.  Avalanches run through the thick trees here.  Do not spend extra time or eat lunch in bowls, chutes or terrain traps. Be especially careful near creeks and cliffs.  It could save your life.  

No uphill travel is allowed anywhere except on the ridgeline bootpack or creek bootpack exits.  No uphill sidestepping or bootpacking is allowed anywhere else. 

We strongly recommend skiing with a partner.  Use proper backcountry caution and make smart terrain decisions it could save your life! 

Know how to self-arrest if you fall.  If you fall on a steep slope and do not immediately stop yourself very quickly, you won’t be able to stop your momentum.  Ask any ski patrol or guide on the mountain and they can show you how to self-arrest if you do not know how.  You should not ski here if you don’t know proper self-arrest technique. 

The only markings on the mountain indicate “CLOSED” areas.   

Red/Orange poles and/or “CLOSED” signs, OR ropes mean “CLOSED”. There is a zero tolerance policy for any poaching, rope ducking, or entering into “CLOSED” areas and a $1,000 fine.  WE ARE REQUIRED TO CALL THE SHERIFF FOR ANY POACHING INFRACTIONS. Help us keep it the mountain open and safe.   

Ski runs are to be accessed by entry gates only.  Gates are marked with green bamboo and yellow discs. 

Expect to see skiers accompanied by a Silverton Mountain guide entering “CLOSED” areas.  You cannot enter into these areas.  Only Silverton Mountain Guides may leave the ski area boundary, or duck ropes. If you see skiers entering a “CLOSED” area that are not with a Silverton Mountain guide please ask them to stop.  Guides can be hired at the base for $30 a run. 

If it appears to be “CLOSED” it is.  The whole run or zone, top to bottom.  Looking for a sneak route into a “CLOSED” area is not acceptable here.  We can't keep the mountain open for unguided skiing if people poach or sneak around.   

The only creek bridges are at the bottom of Tiger, ¼ Track, Splitski, and Colorado. 

You will need to pay attention and it is your responsibility to be sure you are in an area open for unguided skiing.  When in doubt, hike back out the way you came. 

You are required to have a working avalanche beacon, shovel, probe, and sign a liability release before purchasing a ticket.  You can rent those items. 

Our goal is to have as much terrain as possible open and gradually expand the unguided boundaries if people cooperate by following our safety rules. 

If you are tired of waiting for a shuttle you might want to walk to the base. Please stay out of the roadway. 

Your lift ticket must be attached to you pants and pants only. 

The ONLY toilets are the Porta-pottys at the base area. 

 

I the undersigned have read, understand, and will abide by the rules and information written above. 

 

____________________________________ _____________________________________ ____ 

Printed Name of PARTICIPANT   Signature of PARTICIPANT  Date 

 

                                                                                                                                                                  

____________________________________ _____________________________________ ____ 

Printed Name of Parent/Legal Guardian  Signature of Parent/Legal Guardian  Date 

 

 

EQUIPMENT RENTAL WARNING, ASSUMPTION of RISK, RELEASE of LIABILITY, and INDEMNIFICATION AGREEMENT

 

1. The person who is using the equipment rented from Core Mountain Enterprises, LLC d/b/a Silverton Mountain shall be referred to hereinafter as “RENTER”.  “THE UNDERSIGNED” means only the RENTER when the RENTER is age 18 or older OR it means both the RENTER and the RENTER’s parents or legal guardians when the RENTER is under the age of 18. THE UNDERSIGNED agree and understand that skiing, snowboarding, snowshoeing, skiboarding, telemarking, and any use of the ski area facilities, including the lifts, helicopters, or other facilities for any purpose (hereinafter the “ACTIVITY”) can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH.

COVID-19/CORONAVIRUS: I acknowledge the contagious and dangerous nature of the Coronavirus/COVID-19 and or other contagion and that the CDC and other public health authorities recommend practicing social distancing which may not be practical or feasible in a ski mountain operational setting.  I understand that the risks of becoming exposed to and/or infected by the Coronavirus/COVID-19 that may result from the actions, omissions, or negligence of myself and others. PARTICIPANT recognizes that injuries and or death are a common and ordinary occurrence of the ACTIVITY

2. THE UNDERSIGNED agrees to accept for use the rented equipment “as is” and WITH NO WARRANTIES, express or implied. THE UNDERSIGNED understands and agrees that equipment used as an aid or safety measure while participating in the ACTIVITY may malfunction, fail, or break and that no RELEASED PARTY is responsible for the condition of any such equipment.  THE UNDERSIGNED accepts full responsibility for the care of the equipment during the rental period and will be responsible for the replacement at full retail value as determined by the shop of any equipment rented under this form and not returned, or returned in a damaged condition. In addition, if the rented equipment is not returned at the agreed upon date and time, THE UNDERSIGNED shall be held responsible for late fees and Core Mountain Enterprises, LLC d/b/a Silverton Mountain shall have the right to charge THE UNDERSIGNED’s credit card for those late fees at the full rental value of any additional time and/or days.

3. THE UNDERSIGNED represent that no misrepresentations have been made to Core Mountain Enterprises, LLC d/b/a Silverton Mountain in regards to the height, weight, age, stance, skier type, and/or any other information listed on any forms. THE UNDERSIGNED further agree that the person listed on this form will be the only person using the equipment. THE UNDERSIGNED understand that a leash or other runaway prevention system must be used with all skis and snowboards at all times, including while riding lifts and while carrying snowboards on or near a slope.

4. THE UNDERSIGNED understand that the binding system cannot guarantee the RENTER’s safety. In downhill skiing, the binding system will not release or retain at all times or under all circumstances where release or retention may prevent injury or death, nor is it possible to predict every situation in which it will or will not release or retain. THE UNDERSIGNED further agree and understand that the downhill ski binding system REDUCES, BUT DOES NOT ELIMINATE THE RISK OF ANY TYPE OF INJURY TO RENTER. THE UNDERSIGNED understand and agree that lower settings on my bindings will increase releasability but also increase the risk due to inadvertent release, that higher settings on bindings will increase retention but also increase the risk of injury due to non-release, and that injures due to unwanted release or retention are inherent risks of skiing. THE UNDERSIGNED understands that in snowboarding, cross-country skiing, skiboarding, telemarking, snowshoeing and other sports utilizing equipment with non-release bindings, the binding system will not ordinarily release during use; these bindings are not designed to release as a result of forces generated during ordinary operation. THE UNDERSIGNED acknowledge and agree to assume and accept any and all known and unknown risks of injury to RENTER while using this equipment.

5. THE UNDERSIGNED understand the following paragraph applies whenever using a ski area in Colorado, and represents a summary of the inherent risks of skiing:

WARNING

Under Colorado law, a skier assumes the risk of any injury to person or property resulting from any of the inherent dangers and risks of skiing and may not recover from any ski area operator for any injury resulting from any of the inherent dangers and risks of skiing, including: Changing weather conditions; existing and changing snow conditions (avalanches); bare spots; rocks; stumps; trees; collisions with natural objects, man-made objects, or other skiers; variation in terrain; and the failure of skiers to ski within their own abilities.

The Ski Safety Act was amended in 2004 to include CLIFFS, EXTREME TERRAIN, JUMPS AND FREESTYLE TERRAIN as inherent dangers and risks of the sport.

6. THE UNDERSIGNED are advised that a person using any of the facilities of a ski area is considered a skier. THE UNDERSIGNED acknowledge and understand that a skier ASSUMES THE RISKS of the inherent dangers and risks of skiing. The risk of avalanches on or near steep slopes cannot be eliminated and is a risk inherent in skiing in and around steep terrain. THE UNDERSIGNED recognize that falls and collisions occur and injuries are a common and ordinary occurrence of the ACTIVITY.  THE UNDERSIGNED hereby VOLUNTARILY ASSUME ALL RISKS associated with the RENTER’s participation in the ACTIVITY and use of this equipment.

7. Additionally, THE UNDERSIGNED HEREBY AGREE TO HOLD HARMLESS, RELEASE, DEFEND, AND INDEMNIFY Core Mountain Enterprises, LLC d/b/a Silverton Mountain, Silverton Guides LLC, the equipment manufacturers and distributors, the United States (including but not limited to the U.S. Department of Interior, U.S. Bureau of Land Management), their successors in interest, their affiliated organizations and companies, and each of their respective insurance carriers, agents, employees, representatives, members, assignees, officers, directors, medical providers, and shareholders (each hereinafter a “RELEASED PARTY”) for ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from the RENTER’s use of this equipment, including those claims based on any malfunction or absence of equipment, any RELEASED PARTY’s alleged or actual NEGLIGENCE, BREACH OF any express or implied WARRANTY, breach of contract, breach of any statutory or other duty of care, or mistakes or errors in judgment of any kind.

8. THE UNDERSIGNED take full responsibility for any injury or loss to RENTER, including death, which RENTER may suffer, arising in whole or in part out of the ACTIVITY. By signing this release, THE UNDERSIGNED AGREE NOT TO SUE any RELEASED PARTY and agree they are releasing any right to make a claim or file a lawsuit against any RELEASED PARTY. THE UNDERSIGNED further AGREE TO DEFEND AND INDEMNIFY each RELEASED PARTY for any and all claims of THE UNDERSIGNED and/or a THIRD PARTY arising in whole or in part from the RENTER’s use of this equipment and/or RENTER’s participation in the ACTIVITY. THE UNDERSIGNED agree to pay all costs and attorney’s fees incurred by any RELEASED PARTY in defending a claim or suit brought by or on behalf of THE UNDERSIGNED.

9. THE UNDERSIGNED understand and agree that a helmet IS IN NO WAY A GUARANTEE OF SAFETY and that no helmet can protect the wearer against all foreseeable impacts to the head, and that skiing and snowboarding and other related activities can expose the user to forces that exceed the limits of protection provided by this helmet. THE UNDERSIGNED also understand that the helmet does not guard against injury to the neck, spine or any other part of my body, and that these limitations are INHERENT RISKS of any activity in which a helmet may used.

10. THE UNDERSIGNED agree that RENTER will not use any of the rented equipment until RENTER has received instruction on its use and RENTER fully understands the equipment’s use and function. THE UNDERSIGNED agree to verify that the visually indicated settings to be recorded on any forms for downhill ski equipment agree with the number appearing in the visual indicator windows of the equipment to be listed on the forms.  If THE UNDERSIGNED feel the equipment is not functioning properly, RENTER will stop using it immediately and return it for inspection and possible repair or adjustment.

11. In consideration for the use of the equipment, THE UNDERSIGNED AGREE THAT ANY AND ALL CLAIMS for injury and/or death arising from the RENTER’s use of this equipment shall be GOVERNED BY COLORADO LAW and EXCLUSIVE JURISDICTION of any claim shall be in the DISTRICT COURT residing where the alleged incident occurred or in the FEDERAL COURT FOR THE STATE OF COLORADO.

12. In the case of a minor RENTER, the undersigned parent or legal guardian acknowledges that he/she is also signing this release on behalf of the minor RENTER and that the minor RENTER shall be bound by all the terms of this release. Additionally, by signing this release as the parent or legal guardian of a minor RENTER, the parent or legal guardian understands that he/she is waiving certain rights on behalf of the minor that the minor otherwise may have. The undersigned parent or legal guardian agree that but for the foregoing, the minor RENTER would not be permitted to rent equipment from Core Mountain Enterprises, LLC d/b/a Silverton Mountain.

13. By signing this agreement without a parent or guardian’s signature, the RENTER represents that they are at least 18 years of age, or, if signing as the parent or guardian of a minor RENTER, you represent that you are the legal parent or guardian of the minor RENTER.This release shall be binding to the fullest extent permitted by law. If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties.

14. This release shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of THE UNDERSIGNED. In entering this Agreement, THE UNDERSIGNED is not relying on any written or oral representations or statements by any RELEASED PARTY.

I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS, AND AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OTHERWISE MAY HAVE.

Today's Date: April 18, 2021

 

 

ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

1. The person who is participating in CORE MOUNTAIN ENTERPRISES LLC, dba SILVERTON MOUNTAIN - SKIING AND/OR SNOWBOARDING AND/OR GUIDED SKIING AND/OR SNOWBOARDING at CORE MOUNTAIN ENTERPRISES LLC, dba SILVERTON MOUNTAIN 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. THE UNDERSIGNED agrees and understands that SKIING AND/OR SNOWBOARDING AND/OR GUIDED SKIING AND/OR SNOWBOARDING and/or any other uses of CORE MOUNTAIN ENTERPRISES LLC, dba SILVERTON MOUNTAIN facilities or services, including but not limited to the use of terrain, trails, base areas, lodges, buildings, parking areas, lifts, shuttle buses, vehicles, helicopters, and other equipment, hereinafter the “ACTIVITY” can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH.

2. THE UNDERSIGNED is further advised that a person using any of the facilities of CORE MOUNTAIN ENTERPRISES LLC, dba SILVERTON MOUNTAIN is considered a skier. THE UNDERSIGNED acknowledges and understands the following WARNING concerning the dangers and risks of skiing and understands that the PARTICIPANT, as a “skier” under Colorado law, ASSUMES THE FOLLOWING RISKS:

WARNING

Under Colorado law, a skier assumes the risk of any injury to person or property resulting from any of the inherent dangers and risks of skiing and may not recover from any ski area operator for any injury resulting from any of the inherent dangers and risks of skiing, including: Changing weather conditions; existing and changing snow conditions (avalanches); bare spots; rocks; stumps; trees; collisions with natural objects, man-made objects, or other skiers; variation in terrain; and the failure of skiers to ski within their own abilities.

The Ski Safety Act was amended in 2004 to include CLIFFS, EXTREME TERRAIN, JUMPS AND FREESTYLE TERRAIN as inherent dangers and risks of the sport.

The UNDERSIGNED further understands, acknowledges and agrees that in signing this Agreement, UNDERSIGNED is expressly acknowledging and assuming additional inherent risks and dangers that may result in property damage, physical injury and/or death that may be above and beyond those outlined in the Colorado Ski Safety Act, including but not limited to the following:

AVALANCHES, which can frequently occur in the mountain terrain used for SKIING AND/OR GUIDED SKIING which may be caused by manmade or natural forces, including but not limited to, steepness of slopes, snow depth, instability of snow pack, changing weather conditions, or by skiers, and the unpredictability of the terrain. The risk of avalanches on or near steep slopes cannot be eliminated and is a risk inherent in skiing in and around steep terrain. HELICOPTERS, which can crash and/or cause injury or death due to winds, poor visibility, blowing snow, mechanical malfunctions, pilot error, ground crew error, bad fuel, overloading or overweighting of the helicopter, contact with helicopter rotors, operations in high elevations and steep terrain. MOUNTAIN TERRAIN /ALPINE ENVIRONMENTS, such as that which will be encountered by PARTICIPANT at all times, have steep slopes which may contain dangerous obstacles and hazards which may be hidden or covered by snow. Obstacles and hazards include, but, are not limited to crevasses, ice, snow cornices, snow immersion, tree wells, tree stumps, creeks, cliffs, rocks and boulders, forest deadfall, holes, depressions below the snow surface, and varying, difficult snow conditions, man-made obstacles and hazards, which include but are not limited to, undetonated explosives, roads, steep road banks, abandoned mines and debris, fences, rebar and other manmade structures, slick or uneven walking surfaces or surfaces covered with ice or snow; EQUIPMENT FAILURE, equipment of any kind used while participating in the ACTIVITY may malfunction, fail or break. THE UNDERSIGNED AGREES AND UNDERSTANDS THE TERRAIN used for SKIING AND/OR GUIDED SKIING may not have been skied previously, is not regularly patrolled or controlled, inspected or maintained. Due to the forested areas, wild and rugged terrain, bad weather, lack of signage, ski patrol errors, or CORE MOUNTAIN ENTERPRISES LLC dba SILVERTON MOUNTAIN negligence, skiers may become lost or accidentally enter into areas of the mountain closed to skiing, or become separated from the CORE MOUNTAIN ENTERPRISES LLC, dba SILVERTON MOUNTAIN guide, and/or the other Participants. Communication in mountain terrain is always difficult and in the event of an accident, rescue and medical treatment may not be available or delayed. OTHER RISKS, include chairlift operations, helicopter operations, shuttle bus, vehicle, snowcat and heavy equipment operations, snow removal operations, and all other areas and operations of the facilities. EXPLOSIVES are regularly detonated which can cause death, injury and permanent hearing damage or complete loss of hearing. UNDETONATED EXPLOSIVES which may be found which can cause death, injury and permanent hearing damage or complete loss of hearing. COVID-19/CORONAVIRUS I acknowledge the contagious and dangerous nature of the Coronavirus/COVID-19 and or other contagion and that the CDC and other public health authorities recommend practicing social distancing which may not be practical or feasible in a ski mountain operational setting.  I understand that the risks of becoming exposed to and/or infected by the Coronavirus/COVID-19 that may result from the actions, omissions, or negligence of myself and others. PARTICIPANT recognizes that injuries and or death are a common and ordinary occurrence of the ACTIVITY. RECOGNIZING THE RISKS, PARTICIPANT VOLUNTARILY CHOOSES TO TAKE PART IN THE ACTIVITY.

3. In consideration of allowing the PARTICIPANT to participate in the ACTIVITY, THE UNDERSIGNED hereby agrees to ASSUME ALL RISKS associated with the PARTICIPANT’s participation in the ACTIVITY, and PARTICIPANT agrees to be personally responsible for PARTICIPANT’s preparation to participate in the ACTIVITY, including PARTICIPANT’S physical condition and knowledge and skill necessary to participate in the ACTIVITY. Additionally, THE UNDERSIGNED agrees to HOLD HARMLESS, RELEASE, DEFEND, INDEMNIFY, AND PROMISE NOT TO SUE CORE MOUNTAIN ENTERPRISES LLC, dba SILVERTON MOUNTAIN, its affiliated organizations and companies, the United States (including, but not limited to the U.S. Department of Interior, U.S. Bureau of Land Management), and their insurance carriers, their respective agents, employees, representatives, assignees, officers, managers, directors, members, medical providers or shareholders (each hereinafter a “RELEASED PARTY”) for ANY AND ALL LIABILITY. Including claims arising from injury or death to persons or damage to property arising from the PARTICIPANT’s participation in the ACTIVITY, including those claims based on any malfunction or absence of equipment, any RELEASED PARTY’s alleged or actual NEGLIGENCE, BREACH OF any express or implied WARRANTY, breach of contract, or breach of any statutory or other duty of care, or mistakes or errors in judgment of any kind. By signing this release, THE UNDERSIGNED agree that they are releasing any right to make a claim or file a lawsuit against any Released Party. THE UNDERSIGNED AGREES TO DEFEND AND INDEMNIFY each RELEASED PARTY for any and all claims of THE UNDERSIGNED and/or a third party arising from the PARTICIPANT’s participation in the ACTIVITY.

4. UNDERSIGNED represents that the PARTICIPANT is in good health and there are no special problems associated with his/her care. THE UNDERSIGNED authorize any RELEASED PARTY and/or their authorized personnel to call for medical care for the PARTICIPANT or to transport the PARTICIPANT to an ambulance, medical facility or hospital if, in the opinion of such personnel, medical attention is needed. THE UNDERSIGNED agrees that upon PARTICIPANT’s transport to any such ambulance, medical facility or hospital that the RELEASED PARTY shall not have any further responsibility for PARTICIPANT. Further, THE UNDERSIGNED agrees to pay all costs associated with such medical care and related transportation provided for PARTICIPANT and shall indemnify and hold harmless the RELEASED PARTY from any costs incurred therein, or any claims originating therefrom. THE UNDERSIGNED releases the rights of any images, photos, or video taken of the PARTICIPANT while in the ACTIVITY to CORE MOUNTAIN ENTERPRISES LLC dba SILVERTON MOUNTAIN, and/or SILVERTON GUIDES LLC for any promotional use or any other use. THE UNDERSIGNED also agrees not to obtain or attempt to obtain a “Charge back” refund from their credit card company.

5. In consideration for allowing the PARTICIPANT to participate in the ACTIVITY and for using the services provided by CORE MOUNTAIN ENTERPRISES LLC, dba SILVERTON MOUNTAIN, THE UNDERSIGNED agrees that ANY AND ALL CLAIMS including injury and/or death arising from the PARTICIPANT’s participation in the ACTIVITY shall be GOVERNED BY COLORADO LAW and EXCLUSIVE JURISDICTION of any claim shall be in the DISTRICT COURT residing where the alleged incident occurred or in the FEDERAL COURT FOR THE STATE OF COLORADO. THE UNDERSIGNED further AGREES TO DEFEND AND INDEMNIFY/REIMBURSE each RELEASED PARTY for any and all claims of the UNDERSIGNED and/or a THIRD PARTY arising in whole or in part from PARTICIPANT’s participation in the ACTIVITY. THE UNDERSIGNED agrees to pay all costs and attorney’s fees incurred by any RELEASED PARTY in defending a claim or suit brought by or on behalf of THE UNDERSIGNED.

6. In the case where PARTICIPANT is a minor, the undersigned parent or legal guardian acknowledges that he/she is also signing this release on behalf of the minor PARTICIPANT, and that the minor PARTICIPANT shall be bound by all the terms of this release. Additionally, by signing this release as the parent or legal guardian of a minor PARTICIPANT, the parent or legal guardian understands that he/she is waiving certain 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.

7. This release shall be binding to the fullest extent permitted by law. If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. This release shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of THE UNDERSIGNED.

8. By signing this agreement without a parent or guardian’s signature, the PARTICIPANT presents that they are at least 18 years of age, and, if signing as the parent or guardian of a minor PARTICIPANT, you represent that you are the legal parent or guardian of the minor PARTICIPANT.

9. THE UNDERSIGNED agrees and understands that this release is applicable to each and every day PARTICIPANT participates in the ACTIVITY. In entering this Agreement and/or deciding to participate in the ACTIVITY, PARTICIPANT is not relying on any written or oral representations or statements by any RELEASED PARTY.

I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS, AND AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OTHERWISE MAY HAVE.

I AM AWARE THAT SHOULD I NOT WISH TO ENTER THIS AGREEMENT, I AM FREE TO SKI / SNOWBOARD ELSEWHERE.

Today's Date: April 18, 2021

 

SILVERTON GUIDES LLC

ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS

 

 

ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING.

THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

1. The person who is participating in SILVERTON GUIDES LLC GUIDED HELICOPTER SKIING AND/ OR SNOWBOARDING 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. THE UNDERSIGNED agrees and understands that GUIDED HELICOPTER SKIING AND/ OR SNOWBOARDING and/or any other uses of CORE MOUNTAIN ENTERPRISES LLC dba SILVERTON MOUNTAIN, and/or SILVERTON GUIDES LLC facilities or services, including but not limited to the use of terrain, trails, base areas, lodges, buildings, parking areas, lifts, shuttle buses, vehicles, and other equipment including but not limited to helicopters used and/or contracted by SILVERTON GUIDES LLC, hereinafter the “ACTIVITY” can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH.

2. THE UNDERSIGNED is further advised that a person using any of the facilities of CORE MOUNTAIN ENTERPRISES LLC dba SILVERTON MOUNTAIN, and/or SILVERTON GUIDES LLC is considered a skier. THE UNDERSIGNED acknowledges and understands the following WARNING concerning the dangers and risks of skiing and understands that the PARTICIPANT, as a “skier” under Colorado law, ASSUMES THE FOLLOWING RISKS:

WARNING

Under Colorado law, a skier assumes the risk of any injury to person or property resulting from any of the inherent dangers and risks of skiing and may not recover from any ski area operator for any injury resulting from any of the inherent dangers and risks of skiing, including: Changing weather conditions; existing and changing snow conditions (avalanches); bare spots; rocks; stumps; trees; collisions with natural objects, man-made objects, or other skiers; variation in terrain; and the failure of skiers to ski within their own abilities.

The Ski Safety Act was amended in 2004 to include CLIFFS, EXTREME TERRAIN, JUMPS AND FREESTYLE TERRAIN as inherent dangers and risks of the sport.

The UNDERSIGNED further understands, acknowledges and agrees that in signing this Agreement, UNDERSIGNED is expressly acknowledging and assuming additional inherent risks and dangers that may result in property damage, physical injury and/or death that may be above and beyond those outlined in the Colorado Ski Safety Act, including but not limited to the following:

AVALANCHES, which can frequently occur in the mountain terrain used for HELICOPTER GUIDED SKIING AND/ OR SNOWBOARDING which may be caused by manmade or natural forces, including but not limited to, steepness of slopes, snow depth, instability of snow pack, changing weather conditions, or by skiers, and the unpredictability of the terrain. Avalanches on or near steep slopes cannot be eliminated and is a risk inherent to HELICOPTER GUIDED SKIING AND/ OR SNOWBOARDING. HELICOPTERS, which can crash and/or cause injury or death due to winds, poor visibility, blowing snow, mechanical malfunctions, pilot error, ground crew error, bad fuel, overloading or overweighting of the helicopter, contact with helicopter rotors, operations in high elevations and steep terrain. MOUNTAIN TERRAIN /ALPINE ENVIRONMENTS, such as that which will be encountered by PARTICIPANT at all times, have steep slopes which may contain dangerous obstacles and hazards which may be hidden or covered by snow. Obstacles and hazards include, but, are not limited to crevasses, ice, snow cornices, snow immersion, tree wells, tree stumps, creeks, cliffs, rocks and boulders, forest deadfall, holes, depressions below the snow surface, and varying, difficult snow conditions, man-made obstacles and hazards which include but are not limited to, roads, steep road banks, abandoned mines and debris, fences, rebar and other manmade structures, slick or uneven walking surfaces or surfaces covered with ice or snow. EQUIPMENT FAILURE, equipment of any kind used while participating in the ACTIVITY may malfunction, fail or break. THE TERRAIN used for HELICOPTER GUIDED SKIING AND OR SNOWBOARDING may not have been skied previously, is not regularly patrolled or controlled, inspected or maintained. Due to the forested areas, wild and rugged terrain, bad weather, lack of signage, ski patrol or ski guide errors, or CORE MOUNTAIN ENTERPRISES LLC dba SILVERTON MOUNTAIN and/or SILVERTON GUIDES LLC’s negligence, skiers may become lost or accidentally enter into areas of the mountain closed to skiing, or become separated from the CORE MOUNTAIN ENTERPRISES LLC dba SILVERTON MOUNTAIN, and/or SILVERTON GUIDES LLC guide, and/ or the other Participants. Communication in mountain terrain is always difficult and in the event of an accident, rescue and medical treatment may not be available or delayed. OTHER RISKS, include chairlift operations, shuttle bus, vehicle, snowcat and heavy equipment operations, snow removal operations, and all other areas and operations of the facilities. EXPLOSIVES may be detonated which can cause death, injury and permanent hearing damage or complete loss of hearing. UNDETONATED EXPLOSIVES which may be found which can cause death, injury and permanent hearing damage or complete loss of hearing. PARTICIPANT recognizes that injuries and or death are a common and ordinary occurrence of the ACTIVITY. RECOGNIZING THE RISKS, PARTICIPANT VOLUNTARILY CHOOSES TO TAKE PART IN THE ACTIVITY. COVID-19/CORONAVIRUS I acknowledge the contagious and dangerous nature of the Coronavirus/COVID-19 and or other contagion and that the CDC and other public health authorities recommend practicing social distancing which may not be practical or feasible in a ski mountain operational setting. I understand that the risks of becoming exposed to and/or infected by the Coronavirus/COVID-19 that may result from the actions, omissions, or negligence of myself and others. PARTICIPANT recognizes that injuries and or death are a common and ordinary occurrence of the ACTIVITY.

3. In consideration of allowing the PARTICIPANT to participate in the ACTIVITY, THE UNDERSIGNED hereby agrees to ASSUME ALL RISKS associated with the PARTICIPANT’s participation in the ACTIVITY, and PARTICIPANT agrees to be personally responsible for PARTICIPANT’s preparation to participate in the ACTIVITY, including PARTICIPANT’S physical condition and knowledge and skill necessary to participate in the ACTIVITY. Additionally, THE UNDERSIGNED agrees to HOLD HARMLESS, RELEASE, DEFEND, INDEMNIFY, AND PROMISE NOT TO SUE CORE MOUNTAIN ENTERPRISES LLC dba SILVERTON MOUNTAIN, and/or SILVERTON GUIDES LLC, its affiliated organizations and companies, the United States (including, but not limited to the

U.S. Department of Interior, U.S. Bureau of Land Management), , the helicopter owners, lessors, and or operators who may provide transportation for PARTICIPANT, specifically including but not limited to Chordline Aviation LLC, and any of their insurance carriers, their respective agents, employees, representatives, assignees, officers, managers, directors, members, medical providers or shareholders (each hereinafter a “RELEASED PARTY”) for ANY AND ALL LIABILITY. Including claims arising from injury or death to persons or damage to property arising from the PARTICIPANT’s participation in the ACTIVITY, including those claims based on any malfunction or absence of equipment, any RELEASED PARTY’s alleged or actual NEGLIGENCE, BREACH OF any express or implied WARRANTY, breach of contract, or breach of any statutory or other duty of care, or mistakes or errors in judgment of any kind. By signing this release, THE UNDERSIGNED agrees that they are releasing any right to make a claim or file a lawsuit against any Released Party. THE UNDERSIGNED AGREES TO DEFEND AND INDEMNIFY each RELEASED PARTY for any and all claims of THE UNDERSIGNED and/or a third party arising from the PARTICIPANT’s participation in the ACTIVITY.

4. UNDERSIGNED represents that the PARTICIPANT is in good health and there are no special problems associated with his/her care. THE UNDERSIGNED authorize any RELEASED PARTY and/or their authorized personnel to call for medical care for the PARTICIPANT or to transport the PARTICIPANT to an ambulance, medical facility or hospital if, in the opinion of such personnel, medical attention is needed. THE UNDERSIGNED agrees that upon PARTICIPANT’s transport to any such ambulance, medical facility or hospital that the RELEASED PARTY shall not have any further responsibility for PARTICIPANT. Further, THE UNDERSIGNED agrees to pay all costs associated with such medical care and related transportation provided for PARTICIPANT and shall indemnify and hold harmless the RELEASED PARTY from any costs incurred therein, or any claims originating therefrom. THE UNDERSIGNED releases the rights of any images, photos, or video taken of the PARTICIPANT while in the ACTIVITY to CORE MOUNTAIN ENTERPRISES LLC dba SILVERTON MOUNTAIN, and/or SILVERTON GUIDES LLC for any promotional use or any other use. THE UNDERSIGNED also agrees not to obtain, or attempt to obtain a “Charge back” refund from their credit card company and that THE UNDERSIGNED will be financially responsible to pay for any and all damages done to Silverton Guides LLC owned, utilized or contracted equipment, vehicles, aircraft or any other item that may be damaged by the PARTICPANT.

5. In consideration for allowing the PARTICIPANT to participate in the ACTIVITY and for using the services provided by CORE MOUNTAIN ENTERPRISES LLC dba SILVERTON MOUNTAIN, and/or SILVERTON GUIDES LLC, THE UNDERSIGNED agrees that ANY AND ALL CLAIMS including injury and/or death arising from the PARTICIPANT’s participation in the ACTIVITY shall be GOVERNED BY COLORADO LAW and EXCLUSIVE JURISDICTION of any claim shall be in the DISTRICT COURT residing where the alleged incident occurred or in the FEDERAL COURT FOR THE STATE OF COLORADO. The UNDERSIGNED further AGREES TO DEFEND AND INDEMNIFY/REIMBURSE each RELEASED PARTY for any and all claims of the UNDERSIGNED and/or a THIRD PARTY arising in whole or in part from PARTICIPANT’s participation in the ACTIVITY. The UNDERSIGNED agrees to pay all costs and attorney’s fees incurred by any RELEASED PARTY in defending a claim or suit brought by or on behalf of The UNDERSIGNED.

6. In the case where PARTICIPANT is a minor, the undersigned parent or legal guardian acknowledges that he/she is also signing this release on behalf of the minor PARTICIPANT, and that the minor PARTICIPANT shall be bound by all the terms of this release. Additionally, by signing this release as the parent or legal guardian of a minor PARTICIPANT, the parent or legal guardian understands that he/she is waiving certain 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.

7. This release shall be binding to the fullest extent permitted by law. If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. This release shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of THE UNDERSIGNED.

8. By signing this agreement without a parent or guardian’s signature, the PARTICIPANT presents that they are at least 18 years of age, and, if signing as the parent or guardian of a minor PARTICIPANT, you represent that you are the legal parent or guardian of the minor PARTICIPANT.

9. THE UNDERSIGNED agrees and understands that this release is applicable to each and every day PARTICIPANT participates in the ACTIVITY. In entering this Agreement and/or deciding to participate in the ACTIVITY, PARTICIPANT is not relying on any written or oral representations or statements by any RELEASED PARTY.

CUSTOMER RELEASE AND WAIVER OF CHORDLINE AVIATION LLC. Customer hereby acknowledges and agrees that CHORDLINE AVIATION LLC, an Alaska Limited Liability Company, (“CHORDLINE”) is a Charter Company that may be providing helicopter lift services, at Customer’s request. Customer recognizes that CHORDLINE’s only services to Customer are in flight transport, beginning upon Customer’s entering the Aircraft and ending upon Customer’s exiting the Aircraft. CHORDLINE does not operate and does not control any part of the Customer’s experience before the Customer enters the Aircraft or after the Customer exits the Aircraft. CUSTOMER HEREBY RELEASES AND WAIVES ANY AND ALL CLAIMS OF ANY KIND AGAINST CHORDLINE, its affiliated organizations and companies, the helicopter owners, lessors, and or operators who may provide transportation for PARTICIPANT, any of their insurance carriers, their respective agents, employees, representatives, assignees, officers, managers, directors, members, medical providers or shareholders REGARDING ANY and ALL CLAIMS, INCLUDING ANY THAT OCCUR BEFORE THE CUSTOMER ENTERS THE AIRCRAFT OR AFTER THE CUSTOMER DEPARTS THE AIRCRAFT. Customer’s Initials

  (or Initials of Parent or Legal Guardian if Customer Under 18 Years of Age)

I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS, AND AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OTHERWISE MAY HAVE. I AM AWARE THAT SHOULD I NOT WISH TO ENTER THIS AGREEMENT, I AM FREE TO HELICOPTER SKI / SNOWBOARD ELSEWHERE.

_

Printed Name of PARTICIPANT Signature of PARTICIPANT Date _

_

Printed Name of Parent/Legal Guardian Signature of Parent/Legal Guardian Date _

Emergency Contact: NAME/RELATION ( )

First Guests Name

First Name*

Last Name*

Phone*
First Guests Date of Birth*
I certify that I am 18 years of age or older
First Guests Information

DO YOU HAVE ANY CURRENT HEALTH CONCERNS?

ARE YOU ON ANY TYPE OF MEDICATIONS?

HAVE YOU EVER BEEN AT HIGH ALTITUDES?

HAD ANY ASSOCIATED HEATH PROBLEMS AT ALTITUDE?

WHAT IS YOUR SKIING ABILITY?
DO YOU HAVE PREVIOUS EXPERIENCE IN THE BACKCOUNTRY?*
No
Yes

WHERE DO YOU CONSIDER YOUR HOME MOUNTAIN?
HOW DID YOU HEAR ABOUT US?*

OTHER:
First Guests Signature*
Second Guests Name

First Name*

Last Name*
Second Guests Date of Birth*
Second Guests Information

DO YOU HAVE ANY CURRENT HEALTH CONCERNS?

ARE YOU ON ANY TYPE OF MEDICATIONS?

HAVE YOU EVER BEEN AT HIGH ALTITUDES?

HAD ANY ASSOCIATED HEATH PROBLEMS AT ALTITUDE?

WHAT IS YOUR SKIING ABILITY?
DO YOU HAVE PREVIOUS EXPERIENCE IN THE BACKCOUNTRY?*
No
Yes

WHERE DO YOU CONSIDER YOUR HOME MOUNTAIN?
HOW DID YOU HEAR ABOUT US?*

OTHER:
Third Guests Name

First Name*

Last Name*
Third Guests Date of Birth*
Third Guests Information

DO YOU HAVE ANY CURRENT HEALTH CONCERNS?

ARE YOU ON ANY TYPE OF MEDICATIONS?

HAVE YOU EVER BEEN AT HIGH ALTITUDES?

HAD ANY ASSOCIATED HEATH PROBLEMS AT ALTITUDE?

WHAT IS YOUR SKIING ABILITY?
DO YOU HAVE PREVIOUS EXPERIENCE IN THE BACKCOUNTRY?*
No
Yes

WHERE DO YOU CONSIDER YOUR HOME MOUNTAIN?
HOW DID YOU HEAR ABOUT US?*

OTHER:
Fourth Guests Name

First Name*

Last Name*
Fourth Guests Date of Birth*
Fourth Guests Information

DO YOU HAVE ANY CURRENT HEALTH CONCERNS?

ARE YOU ON ANY TYPE OF MEDICATIONS?

HAVE YOU EVER BEEN AT HIGH ALTITUDES?

HAD ANY ASSOCIATED HEATH PROBLEMS AT ALTITUDE?

WHAT IS YOUR SKIING ABILITY?
DO YOU HAVE PREVIOUS EXPERIENCE IN THE BACKCOUNTRY?*
No
Yes

WHERE DO YOU CONSIDER YOUR HOME MOUNTAIN?
HOW DID YOU HEAR ABOUT US?*

OTHER:
Fifth Guests Name

First Name*

Last Name*
Fifth Guests Date of Birth*
Fifth Guests Information

DO YOU HAVE ANY CURRENT HEALTH CONCERNS?

ARE YOU ON ANY TYPE OF MEDICATIONS?

HAVE YOU EVER BEEN AT HIGH ALTITUDES?

HAD ANY ASSOCIATED HEATH PROBLEMS AT ALTITUDE?

WHAT IS YOUR SKIING ABILITY?
DO YOU HAVE PREVIOUS EXPERIENCE IN THE BACKCOUNTRY?*
No
Yes

WHERE DO YOU CONSIDER YOUR HOME MOUNTAIN?
HOW DID YOU HEAR ABOUT US?*

OTHER:
Sixth Guests Name

First Name*

Last Name*
Sixth Guests Date of Birth*
Sixth Guests Information

DO YOU HAVE ANY CURRENT HEALTH CONCERNS?

ARE YOU ON ANY TYPE OF MEDICATIONS?

HAVE YOU EVER BEEN AT HIGH ALTITUDES?

HAD ANY ASSOCIATED HEATH PROBLEMS AT ALTITUDE?

WHAT IS YOUR SKIING ABILITY?
DO YOU HAVE PREVIOUS EXPERIENCE IN THE BACKCOUNTRY?*
No
Yes

WHERE DO YOU CONSIDER YOUR HOME MOUNTAIN?
HOW DID YOU HEAR ABOUT US?*

OTHER:
Seventh Guests Name

First Name*

Last Name*
Seventh Guests Date of Birth*
Seventh Guests Information

DO YOU HAVE ANY CURRENT HEALTH CONCERNS?

ARE YOU ON ANY TYPE OF MEDICATIONS?

HAVE YOU EVER BEEN AT HIGH ALTITUDES?

HAD ANY ASSOCIATED HEATH PROBLEMS AT ALTITUDE?

WHAT IS YOUR SKIING ABILITY?
DO YOU HAVE PREVIOUS EXPERIENCE IN THE BACKCOUNTRY?*
No
Yes

WHERE DO YOU CONSIDER YOUR HOME MOUNTAIN?
HOW DID YOU HEAR ABOUT US?*

OTHER:
Eighth Guests Name

First Name*

Last Name*
Eighth Guests Date of Birth*
Eighth Guests Information

DO YOU HAVE ANY CURRENT HEALTH CONCERNS?

ARE YOU ON ANY TYPE OF MEDICATIONS?

HAVE YOU EVER BEEN AT HIGH ALTITUDES?

HAD ANY ASSOCIATED HEATH PROBLEMS AT ALTITUDE?

WHAT IS YOUR SKIING ABILITY?
DO YOU HAVE PREVIOUS EXPERIENCE IN THE BACKCOUNTRY?*
No
Yes

WHERE DO YOU CONSIDER YOUR HOME MOUNTAIN?
HOW DID YOU HEAR ABOUT US?*

OTHER:
Ninth Guests Name

First Name*

Last Name*
Ninth Guests Date of Birth*
Ninth Guests Information

DO YOU HAVE ANY CURRENT HEALTH CONCERNS?

ARE YOU ON ANY TYPE OF MEDICATIONS?

HAVE YOU EVER BEEN AT HIGH ALTITUDES?

HAD ANY ASSOCIATED HEATH PROBLEMS AT ALTITUDE?

WHAT IS YOUR SKIING ABILITY?
DO YOU HAVE PREVIOUS EXPERIENCE IN THE BACKCOUNTRY?*
No
Yes

WHERE DO YOU CONSIDER YOUR HOME MOUNTAIN?
HOW DID YOU HEAR ABOUT US?*

OTHER:
Tenth Guests Name

First Name*

Last Name*
Tenth Guests Date of Birth*
Tenth Guests Information

DO YOU HAVE ANY CURRENT HEALTH CONCERNS?

ARE YOU ON ANY TYPE OF MEDICATIONS?

HAVE YOU EVER BEEN AT HIGH ALTITUDES?

HAD ANY ASSOCIATED HEATH PROBLEMS AT ALTITUDE?

WHAT IS YOUR SKIING ABILITY?
DO YOU HAVE PREVIOUS EXPERIENCE IN THE BACKCOUNTRY?*
No
Yes

WHERE DO YOU CONSIDER YOUR HOME MOUNTAIN?
HOW DID YOU HEAR ABOUT US?*

OTHER:
Guests Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information

DO YOU HAVE ANY CURRENT HEALTH CONCERNS?

ARE YOU ON ANY TYPE OF MEDICATIONS?

HAVE YOU EVER BEEN AT HIGH ALTITUDES?

HAD ANY ASSOCIATED HEATH PROBLEMS AT ALTITUDE?

WHAT IS YOUR SKIING ABILITY?
DO YOU HAVE PREVIOUS EXPERIENCE IN THE BACKCOUNTRY?*
No
Yes

WHERE DO YOU CONSIDER YOUR HOME MOUNTAIN?
HOW DID YOU HEAR ABOUT US?*

OTHER:
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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