UTAH SKI MOUNTAINEERING, INC. PARTICIPANT

ASSUMPTION OF RISK

BY SIGNING THIS AGREEMENT YOU ARE WAIVING CERTAIN LEGAL RIGHTS, PLEASE READ THE AGREEMENT IN ITS ENTIRETY BEFORE SIGNING. IF YOU ARE UNWILLING TO ASSUME ALL RISKS, DO NOT SIGN THIS DOCUMENT, IN WHICH CASE, YOU MAY NOT PARTICIPATE IN ANY MANNER IN THE EVENT DESCRIBED BELOW. FURTHER, IF YOU SIGN THIS DOCUMENT, BUT MAKE ANY ALTERATION TO IT, YOU ARE NOT AUTHORIZED TO PARTICIPATE IN THE EVENT BELOW.

In consideration of being allowed to participate in the Utah Ski Mountaineering (“Utah Skimo”) Events (the "Events"), related Events and activities, the undersigned participant ("Participant") acknowledges, assumes, appreciates, and agrees that:

1. Age. Participant is at least 18 years old or has parent or legal guardian signature on this waiver.
2. Physical Condition of Participant. Participant represents and warrants that he or she (i) is in good health, (ii) physically fit to participate in the Events, (iii) has participated in previous ski mountaineering activities without accident or injury, (iv) has not been advised of any adverse health conditions by a medical practitioner, (v) has no special problems associated with his or her care, (vi) has left no special instructions regarding his or her care in the event of an accident or emergency during the Events, (vii) will not participate in the Events under the influence of alcohol, drugs, or anything that could impair the Participant's actions, (viii) will at all times during the Events wear the appropriate protective gear required for participation, and (ix) will at all times during the Events abide by all of the Event rules and regulations.
3. Utah Skimo Citizen Series Acknowledgement of Safety Rules and Declaration of Adherence. In order to maximize both my personal safety, as well as the safety of other event participants, I hereby acknowledge the Utah Skimo event safety rules and promise to abide by them:
4. I will bring and use a helmet, headlight, and proper uphill skiing/riding gear. Skimo race gear, backcountry skis and splitboards, and telemark gear are allowed. I will be prepared with enough clothes, food, and liquid to keep me safe and comfortable during the event. Nordic gear is not allowed.
5. I will identify a “buddy” who is also present as another participant, spectator, or Utah SkiMo volunteer. I will let my “buddy” know when I have finished the event and off the course safely. The obligation of the “buddy” is to notify Utah Skimo officials if their “buddy” is not accounted for after the event. Utah Skimo officials will organize a search and inform Salt Lake County SAR if necessary.
6. I agree to follow the designated route set by the Utah Skimo organizers. Green flags represent the up skin track, yellow flags indicate up booters, and red flags and blinkers designate the downhill route. At all times I will stay within 30 feet of the designated downhill route upon descent.
7. I agree to assist any sick or injured participant, summon other participants to assist me, and summon Utah Skimo organizers immediately. Utah Skimo organizers will organize an assessment and evacuation of the sick or injured person.
8. I agree to ski in control at all times.
9. Participant agrees that before participation in the Events, Participant will inspect the course, premises and any equipment he or she may use during the Events. Participant will immediately advise the supervisor of the Events of any unsafe condition that he or she observes. Participant will refuse to participate in the Events until all unsafe conditions observed by him or her have been remedied and his or her equipment is in good and working order. 
10. Assumption of the Risk. Participant accepts and understands that skiing, sliding, climbing, jumping, or other similar activities that may be required while participating in the Events are HAZARDOUS sports that have many dangers and risks. It is further understood that training or racing competitively is more HAZARDOUS than recreational skiing. Participant realizes that injuries are a common and ordinary occurrence in this sport. Participant agrees as a condition of being allowed to compete in the Events and use the ski area facility and premises, that Participant knowingly and freely accepts and voluntarily ASSUMES ANY AND ALL RISKS OF BODILY INJURY OR DEATH and for any PROPERTY DAMAGE which results in any way from Participant’s participation in any Event. These risks include, but are not limited to, any action or inaction taken by Utah Skimo in connection with organizing, setting up, taking down, or running an Event; conditions on or about the premises and facilities, namely, grooming, snowmaking, ski lift operations; inherent dangers and risks of the Events such as changing weather conditions, existing and changing snow conditions, avalanche conditions, bare spots, rocks, stumps, trees, collisions with natural objects, man-made objects, or other skiers, variations in terrain, and the failure of skiers to ski within their own abilities, or any other actions or inaction of Utah Skimo, and/or host venues, including but not limited to the Uinta Wasatch Wasatch National Forest, the US Department of Agriculture, Solitude, Brighton, Park City Mountain Resort. Participant understands and agrees that the foregoing risks may not be anticipated, controlled, or eliminated. Participant agrees that he or she will be deemed a Participant for the purposes of this Agreement at all times, whether practicing for competition or in competition. Participant agrees that he or she is always provided an opportunity to conduct a reasonable visual inspection of Event venues. Participant understands that he or she will be held to assume the risk of all course conditions, course construction, or layout and obstacles.
11. Release, Waiver, and Indemnity. Participant hereby agrees that Utah Skimo will not be liable to the Participant or the Participant’s estate, heirs, or assignees for the death of, personal injury to, or property damage sustained by the Participant as a result of negligence of Utah Skimo’s affiliates, officers, directors, agents, employees, lessors, lessees, volunteers, host venues, and Event participants (each a “Released Party,” and collectively the “Released Parties”), in in connection with Participant’s involvement in any Event. The undersigned hereby waives any negligence claims the Participant or the Participant’s estate, heirs, or assignees may have against the Released Parties for the death of, personal injury to, or property damage sustained by the Participant in connection with Participant’s involvement in any Event. The Participant and the Participant’s estate, heirs, and assignees shall indemnify, hold harmless, and defend the Released Parties for any injury, loss, or damage the Released Parties may suffer as a result of claims, demands, losses, or judgments, including those caused by the negligence of the Released Parties, arising in connection with the Participant’s involvement in any Event.
12. Medical Treatment. In connection with any injury Participant may sustain or illness or other medical conditions Participant may experience during participation in or attendance at the Events, Participant authorizes any emergency first aid, medication, medical treatment or surgery deemed necessary by the attending medical personnel if Participant is not able to act on his or her own behalf. Participant further authorizes the attending medical personnel to execute on Participant's behalf any permission forms, consents or other appropriate documents relating to medical attention and to act on Participant's behalf if Participant is not able or immediately available to do so. Further, Participant agrees that he or she shall be solely responsible to pay any and all hospital, medical, rescue, or treatment costs incurred that arise out of any personal injury sustained by Participant through his or her participation in the Events and shall indemnify and hold harmless the Released Parties of and from any costs incurred therein.
13. Identity License. As a condition of Participant's being permitted to compete in the Events, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Participant hereby grants permission to Utah Skimo, host venues, and its subsidiaries and affiliates ("Licensees") to utilize Participant's appearance, name, voice and likeness in connection with the Events in any and all manner and media throughout the world in perpetuity. Participant hereby waives any right that Participant may have to inspect or approve any finished product or any advertising copy that may be used in connection therewith or the use to which it is applied. Participant hereby warrants that Participant has the right to make this release and that Participant's granting this release and the rights conveyed thereby will not infringe the rights of any third party. Participant hereby assigns all right, title and interest Participant may have in any and all media in which any or all of Participant's appearance, name, voice or likeness have been captured in connection with the above to Licensees, along with full rights of assignability.
14. COVID-19 Prior to Events: I will not attend an Event if I have been diagnosed with, exposed to, or test positive for COVID-19 within five(5) days prior to the event.
15. Indemnification. Participant agrees to indemnify each Released Party and to hold each of them harmless against liabilities to which a Released Party may become liable, directly or indirectly, arising out of, or relating to, Participant's participation in the Event. Participant also agrees that no Released Party shall have any liability (whether direct or indirect, in contract or tort or otherwise) to Participant or any of his or her family or next of kin, directly or indirectly, arising out of, or relating to, Participant's participation in the Events.
16. Disputes; Choice of Law. Participant agrees that any and all disputes between himself or herself and any Released Party, or any of their respective subsidiaries or affiliates arising from his or her participation in or attendance at the Event including claims for personal injury and/or death, WILL BE GOVERNED BY THE LAWS OF THE STATE OF UTAH. Any dispute, claim, or controversy arising out of or relating to this agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Salt Lake City, Utah before a single arbitrator. The arbitration shall be administered by the American Arbitration Association (AAA) in accordance with its applicable rules. The arbitrator shall be selected by mutual agreement of the parties. If the parties cannot agree on an arbitrator within 30 days of a demand for arbitration, then the arbitrator shall be appointed by the AAA. The arbitrator's decision and award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs of arbitration, except that the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees and costs incurred in connection with the arbitration. Notwithstanding the foregoing, either party may seek injunctive relief in any court of competent jurisdiction. If any part of this arbitration clause is deemed invalid or unenforceable, it shall not invalidate the entire clause or the agreement to arbitrate.
17. Severability. Participant agrees that the foregoing Release and Waiver is intended to be as broad and inclusive as is permitted by law. Any provisions herein found by a court to be void or unenforceable shall not affect the validity or enforceability of any other provisions.
18. Binding Effect. This Assumption of Risk Agreement shall be binding upon Participant, his or her assignees, subrogors, distributees, heirs, next of kin, executors, personal representatives, and administrators and may be pled by any Released Party as a complete bar and defense against any claim, demand, action or causes of action by or on behalf of the Participant.