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Warning/Liability Release & Agreement Not to Sue

PLEASE READ CAREFULLY BEFORE SIGNING

This Agreement Effects Your Legal Rights

As a condition of being permitted access to Frost Fire Park’s premises and facilities, including for Alpine Skiing and Snowboarding (the “Activities”), and in consideration for purchasing a Season Pass or Lift Ticket and the concomitant privileges to participate in the Activities throughout the season, I agree to all of the terms and conditions set forth in this Agreement.

ASSUMPTION OF RISK

I UNDERSTAND AND ACCEPT THAT THE ACTIVITIES ARE DANGEROUS and involve certain risks that cannot be eliminated regardless of the care taken to avoid injuries. The risks associated with the Activities include, but are not limited to: loss of control; collisions with other persons; collisions with natural and man-made objects (including, without limitation, trees, rocks, stumps, holes, forest growth, downed timber, fences, posts, padded and non-padded barriers, lift equipment and towers, rope tows, light poles, snowmaking equipment, signs, buildings, and paved, wooden, gravel and dirt roads and walkways); collisions with over-snow vehicles (including, without limitation, groomers, snowmobiles, and utility or all-terrain vehicles); encountering marked and unmarked terrain features (including, without limitation, snowmaking mounds, moguls, jumps, ramps, half-pipes, rails, boxes, and other freestyle and terrain park features); encountering ice, bare spots, and debris; changes and variation in terrain and slope; changes and variation in weather, snow, surface, and lighting conditions; slips and falls on ice and snow; errors in loading, riding, or unloading a lift (including, without limitation, misloading, being struck by a chairlift, becoming entangled with equipment, and falling from a chairlift); and possible equipment failure and/or malfunction, including lift equipment and my own or rented or borrowed equipment. I ACKNOWLEDGE AND ACCEPT that Frost Fire Park has no duty to protect me from the above risks or any other risks inherent to the Activities. I UNDERSTAND AND ACCEPT that such risks may cause SERIOUS INJURY including PERMANENT DISABILITY, OR DEATH, and EXPRESSLY AND VOLUNTARILY ASSUMES all such risks, accepting for myself FULL RESPONSIBILITY for any loss or damage I may sustain thereby.

RELEASE OF LIABILITY & INDEMNIFICATION

I AGREE TO WAIVE AND RELEASE ANY AND ALL CLAIMS against Frost Fire Park, including its owners, officers, directors, managers, employees, agents, volunteers, successors, and assigns (collectively, "Frost Fire Park"), for any personal injury, disability, death, or property damage I may sustain in relation to my access to Frost Fire Park’s premises and facilities or my participation in the Activities, resulting or arising from ANY NEGLGIENT ACT OR OMMISSION of Frost Fire Park. I promise not to make or bring any such claim against Frost Fire Park and FOREVER RELEASE AND DISCHARGE Frost Fire Park from liability under any such claims.

I AGREE TO DEFEND, INDEMNIFY, AND HOLD FROST FIRE PARK HARMLESS against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorney fees), incurred by or awarded against Frost Fire Park, arising out or resulting from any claim brought by or on behalf of myself as well as any third-party claimrelated to my access to Frost Fire Park’s premises and facilities or my participation in the Activities, including any claim related to my or Frost Fire Park’s negligence.

To the extent I am the PARENT OR LEGAL GUARDIAN of a minor covered by this Agreement, I AGREE TO DEFEND, INDEMNIFY, AND HOLD FROST FIRE PARK HARMLESS against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorney fees), incurred by or awarded against Frost Fire Park, arising out or resulting from any claim brought by or on behalf of the minor as well as any third-party claimrelated to the minor’s access to Frost Fire Park’s premises and facilities or the minor’s participation in the Activities, including any claim related to the minor’s or Frost Fire Park’s negligence.

I UNDERSTAND THAT, FOR AN ADDITIONAL FEE OF $250.00, Frost Fire Park will allow me and/or a minor participant for whom I am a parent or legal guardian to participate in the Activities without agreeing to this Release of Liability and Indemnification provision.

I ACKNOWLEDGE THAT I AM AWARE OF THIS OPTION AND, BY SIGNIGN THIS AGREEMENT, VOLUNTARILY CHOSE NOT TO EXERCISE IT.

PARTICIPANT RESPONSIBILITIES

I UNDERSTAND AND ACCCEPT THAT HELMETS ARE REQUIRED at Frost Fire Park and agree to wear a helmet while participating in the Activities. I FURTHER AGREE to follow and be bound by “YOUR RESPONSIBILITY CODE,” promulgated by the National Ski Areas Association and posted at Frost Fire Park.

PUBLICITY RIGHTS

I agreethat Frost Fire Park may take my photograph/video and use the photograph(s)/videos(s) in its promotional materials and publicity efforts, including but not limited to billboards, brochures, magazines, websites, social media, and any and all other promotional materials related to Frost Fire Park. I understand that Frost Fire Park will not reimburse me for use of such photograph(s)/video(s).

CONSENT TO MEDICAL TREATMENT

I authorizeFrost Fire Park to provide medical care that it deems, in its reasonable judgment, necessary or appropriate under the circumstances, and to call for emergency medical providers and/or an ambulance to provide care for me and/or transport me to a medical facility if, in its reasonable judgment, such care and/or transportation is needed. I further agree to pay all costs associated with such care and transportation and to indemnify and hold harmless Frost Fire Park from any costs incurred therein.

MISCELANEOUS PROVISIONS

If any term or provision of this Agreement is deemed invalid, illegal, or unenforceable, all other parts will be given full force and affect. All matters arising out of or relating to this Agreement or my participation in the Activities will be governed by the laws of the State of North Dakota, and exclusive jurisdiction thereof will be in the district court residing in and for Cavalier County, North Dakota.

 

PARTICIPANT ACKNOWLEDGMENT AND SIGNATURE

 

I HAVE CAREFULLY READ THIS AGREEMENT, HAD THE OPPORTUNITY TO ASK QUESTIONS ABOUT IT, AND UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP SUBSTNATIAL LEGAL RIGHTS, AND VOLUNTARILY SIGN WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.


 

PARENT OR LEGAL GUARDIAN ACKNOWLEDGMENT AND SIGNATURE

 

I AM THE PARENT OR LEGAL GAURDIAN OF THE MINOR NAMED ABOVE. I DESIRE FOR MY CHILD OR WARD TO PARTICIPATE IN THE ACTIVITIES AND BELIEVE IT IS IN HIS/HER/THEIR BEST INTEREST TO DO SO. I HAVE CAREFULLY READ THIS AGREEMENT, HAD THE OPPORTUNITY TO ASK QUESTIONS ABOUT IT, AND UNDERSTAND ITS CONTENTS. BY SIGNING BELOW, I GIVE MY CHILD OR WARD PERMISSION TO PARTICIPATE IN THE ACTIVITES WITH THE UNDERSTANDING THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE BINDING ON ME AND MY CHILD OR WARD .

 

[*] Please see a Frost Fire Park representative and DO NOT SIGN this Agreement if you would like to avail yourself of this option





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