In consideration of the services of Friends of the Gallatin National Forest Avalanche Center, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "FGNFAC"), I hereby agree to release, indemnify, and discharge FGNFAC, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1. I understand, acknowledge, and agree that participation in avalanche safety instructio, awareness education or other training with FGNFAC can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. I agree that the following dangers or risks are inherent to the Activity and can cause injury or death but that the following list is not exhaustive and that there may be other dangers or risks that are inherent to the Activity not listed below: situations beyond the control of the instructors or other participants; exposure to high altitudes and existing or changing weather and snowpack conditions, including surfaces covered with ice and snow, inclement weather such as high winds, storms, and excessive cold or heat, dangerous snow conditions, avalanches, and poor visibility; cold and heat related injuries or illness such as frostnip, frostbite, hypothermia, sunburn, dehydration, and heat stroke; slipping and falling; improper loading, riding, and unloading of ski lifts; collision with other participants, skiers, snowmobiles, or fixed objects, both natural and man-made; my own negligence or the negligence of others, including operator error or errors in decision-making and judgement, such as misjudging terrain, snowpack, weather, trails, or route location; failure or malfunction of my own or others’ equipment or snowmobiles; my own physical condition, and the physical exertion associated with this activity; my or others’ diminished reaction time due to fatigue, chill and/or dizziness that may increase the risk of an accident; lack of shelter; limited access to and delay of medical attention; failed attempts at rescue or medical care; exposure to potentially dangerous wild animals; and transmissible pathogen and disease (including but not limited to contraction of COVID-19); and mental, physical, or emotional injury or distress from exposure to any of the above. Furthermore, FGNFAC personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction. 2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I understand that I am not assuming the risk of negligent or gross negligence by FGNFAC instructors. 3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless FGNFAC from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of FGNFAC’s equipment or facilities, including any such claims which allege negligent acts or omissions of FGNFAC. 4. I authorize FGNFAC to undertake any emergency medical care for me; 2) authorize FGNFAC and/or their authorized personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agree that, following my transport to any such medical facility or hospital, the FGNFAC shall not have any further responsibility for me. 5. Should FGNFAC or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 6.. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. 7. In the event that I file a lawsuit against FGNFAC, I agree to do so solely in the state of Montana, and I further agree that the substantive llaw of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. 8. Agreement to Use of Photos and Video: I agree that FGNFAC may utilize my photograph or video of me participating in the Activity for any purpose, and that any such image is the property of FGNFAC. By signing this document, you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. Today's date: December 4, 2025 |