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Warning/Liability Release & Agreement Not to Sue

As a condition of being permitted access to Frost Fire Park’s premises and facilities, including for Mountain Biking (the “Activities”), and in consideration for purchasing a day pass and/or lift ticket and the concomitant privileges to participate in the Activities, 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 and bikers; collisions with natural and man-made objects (including, without limitation, trees, rocks, stumps, holes, potholes, forest growth, downed timber, fences, posts, padded and non-padded barriers, lift equipment and towers, rope tows, light poles, signs, jumps, buildings, and paved, wooden, gravel and dirt roads and walkways);encountering marked and unmarked terrain features; changes and variation in terrain and slope; changes and variation in weather, surface, and lighting conditions; 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 $25.00, 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.[1]

HELMETS REQUIRED

I UNDERSTAND AND ACCCEPT THAT HELMETS ARE REQUIRED at Frost Fire Park and agree to wear a helmet while participating in the Activities. Beware that helmets may not prevent all injuries. 

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. 

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

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.

 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 .



Today's date: September 20, 2024

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information

Age:

Height:

Weight:

Shoe Size:
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

Age:

Height:

Weight:

Shoe Size:
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

Age:

Height:

Weight:

Shoe Size:
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

Age:

Height:

Weight:

Shoe Size:
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

Age:

Height:

Weight:

Shoe Size:
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

Age:

Height:

Weight:

Shoe Size:
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

Age:

Height:

Weight:

Shoe Size:
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information

Age:

Height:

Weight:

Shoe Size:
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information

Age:

Height:

Weight:

Shoe Size:
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

Age:

Height:

Weight:

Shoe Size:
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.


By signing below the parent or court-appointed legal guardian agrees that they are also 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 Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information

Age:

Height:

Weight:

Shoe Size:
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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