In consideration for being permitted to participate in Activities at Mt. Baldy Ski Lifts, Inc., on behalf of myself and/or as a parent or guardian of the minor child/children listed below, and our heirs and assigns, understand and agree to all of the definitions, terms and conditions in the Agreement: DEFINITIONS
“Activities” means Ski School, lessons, instructions, classes, coaching, races or competitions, skiing, snowboarding, tubing, snow sliding, snowshoeing, the use of any snow sport devices, hiking, biking, special events and the use of any Resort property or facilities, including, but not limited to, chairlifts and other conveyances, buildings and premises, food, beverage and retail locations, rental equipment, vehicles, sidewalks, stairways, trails and parking lots. “Agreement” means this “PARTICIPANT TERMS OF USE, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT” and all definitions, terms and conditions in this Agreement.
“Resort” means Mt Baldy Ski Lifts Inc. and its permit area.
“Releasors” means the person signing this Agreement, as well as all persons on behalf of whom the person below is signing this Agreement. Any references to “I,” me,” “my,” or “myself” in this Agreement shall include all Releasors.
“Releasees” means Mt Baldy Ski Lifts, Inc., the United States Department of Agriculture Forest Service, and any of their owners, parents, subsidiaries, successors, affiliates, officers, directors, shareholders, agents, employees, insurers, volunteers and representatives.
ACTIVITY PARTICIPANT TERMS OF USE
Please read carefully and initial each section. 1. On behalf of myself and all Releasors, I understand, accept and agree that the Participant assumes the responsibility for maintaining control at all times while participating in the Activities, as well as the responsibility for reading, understanding and complying with all signage, directions and instructions, including, but not limited to, regarding the use of the lifts.
2. On behalf of myself and all Releasors, I understand and agree that the participant must have the physical dexterity and knowledge to safely load, ride and unload the lifts, and that the participant assumes all risks and dangers of loading, riding and unloading the lifts and engaging in Activities accessible from lifts.
3. On behalf of myself and all Releasors, I understand, accept and agree that the participant assumes all risks and dangers of participating in the Activities that may result in personal injury or death, including, but not limited to: the participants failure to act within his/her ability; and the participants failure to comply with signage, directions and instructions.
4. On behalf of myself and all Releasors, I represent that the participant is in good health and there are no special problems associated with his/her care. On behalf of myself and all Releasors, I authorize the Releasees and/or their authorized personnel to call for medical care for the participant and to transport the participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. On behalf of myself and all Releasors, I agree to pay all costs associated with such medical care and related transportation provided to the participant and to defend, indemnify and hold Releasees harmless from any expenses incurred therefrom. 5. On behalf of myself and all Releasors, I agree to grant the Resort and its agents and employees the right to own, use and publish the images and/or recorded performances of the participant in connection with participation in Activities at the Resort in perpetuity in any and all forms of media including, without limitation, online and social media.
ASSUMPTION OF RISK On behalf of myself and all Releasors, I understand, accept and agree that participation in the Activities at the Resort involves numerous HAZARDS AND RISKS, inherent and otherwise, including, but not limited to, the participants failure to maintain control, the participants failure to act within his/her ability, the participants failure to comply with signage, directions and instructions, falls, variations in snow and terrain, ice and icy conditions, avalanches, moguls, rocks, trees, tree wells, extreme terrain/cliffs, forms of forest growth or debris, surface and subsurface conditions, extreme cold, high elevation, wildlife and animal encounters, falling trees and limbs, bare spots, lift towers, cables, utility lines, freestyle terrain park features, courses, snowmaking and snow removal equipment and component parts, marked and unmarked natural and man-made features and obstacles, slick or uneven walking surfaces, collisions with man-made obstacles, equipment, and natural objects, as well as with other skiers, snowboarders, and/or other participants in Activities at the Resort, the use of chairlifts which may involve entanglement with equipment, objects or other persons, errors in loading, riding and unloading and equipment malfunction or breakdown. With full knowledge of the risks involved, I AGREE, on behalf of myself and all Releasors, TO VOLUNTARILY ACCEPT AND ASSUME ANY AND ALL RISKS arising from or related to participation in the Activities at the Resort, including, but not limited to, any and all RISKS OF PROPERTY DAMAGE, INJURY OR DEATH.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, COVENANT NOT TO SUE AND INDEMNIFICATION
On behalf of myself and all Releasors, I AGREE to FOREVER WAIVE, RELEASE AND NEVER SUE the Releasees for any claims arising from or related to participation in Activities at the Resort, including, but not limited to, claims involving the alleged or actual NEGLIGENCE OF THE RELEASEES. I FURTHER AGREE, on behalf of myself and all Releasors, to forever INDEMNIFY, DEFEND AND HOLD THE RELEASEES HARMLESS from any and all claims, demands, actions, causes of action losses or liabilities arising from or related to participation in the Activities, including, without limitation, any losses, damages, injuries or death that may be sustained by me or the Releasors. I understand and agree that if any claim or lawsuit is brought on behalf of myself or the Releasors arising from or related to participation in the Activities, I shall be responsible for paying Releasees for all losses, attorney’s fees and costs incurred as a result of defending against such claim or lawsuit.
REVOCATION AND DURATION
I agree on behalf of myself and all Releasors that this Agreement CANNOT BE MODIFIED and shall remain in effect WITHOUT EXPIRATION unless revoked in writing by me AND an authorized signatory of Mt Baldy Ski Lifts, Inc., and that this entire Agreement SHALL APPLY FOREVER including each and every occasion that myself or any Student/Releasor on whose behalf this Agreement has been signed participates in Activities at the Resort in the future.
GOVERNING LAW
I agree on behalf of myself and Releasors that this Agreement is governed by California law, without regard to conflict of law principles, that this Agreement is intended to be as broad and inclusive as is permitted by California law, and that if any portion is held invalid, pursuant to California law, the balance shall continue in full legal force and effect.
JURISDICTION
I agree on behalf of myself and Releasors that any claims or lawsuits against Releasees, including, but not limited to, those arising from participation in Activities at the Resort and/or this Agreement, shall be filed in the exclusive jurisdiction of the Superior Court of the State of California for the County of San Bernardino.
AUTHORIZATION
I understand and agree that by executing this Agreement on behalf of any person other than myself, I am representing and warranting that I am legally authorized to execute this Agreement as the parent or legal guardian of that person and/or minor, or, that I have been given the express authority from that other person to execute this Agreement on his/her behalf. I understand and agree that if any person on whose behalf I have executed this Agreement refuses to accept or perform as required by this Agreement, that I shall be required to personally indemnify, defend and hold the Releasees harmless from any claims or lawsuits brought by or on behalf of such persons.
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