Loading...

2026 Summer Activities Day Pass Agreement

Assumption of Risk, Release of Liability, Indemnification,

Consent to Medical Treatment, and Right of Publicity

FROSTFIRE

PARK.

PLEASE READ CAREFULLY BEFORE SIGNING

This Agreement Affects Your Legal Rights

As a condition of being permitted access to Pembina Gorge Foundation dba 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 Pembina Gorge Foundation dba 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 Pembina Gorge Foundation dba Frost Fire Park, including

its owners, officers, directors, managers, employees, agents, volunteers, successors, and assigns (collectively,

"Pembina Gorge Foundation dba Frost Fire Park"), for any personal injury, disability, death, or property damage I may sustain

in relation to my access to Pembina Gorge Foundation dba Frost Fire Park's premises and facilities or my participation in the

Activities, resulting or arising from ANY NEGLIGENT ACT OR OMISSION of Pembina Gorge Foundation dba Frost Fire Park. I

promise not to make or bring any such claim against Pembina Gorge Foundation dba Frost Fire Park and FOREVER RELEASE

AND DISCHARGE Pembina Gorge Foundation dba Frost Fire Park from liability under any such claims.

I AGREE TO DEFEND, INDEMNIFY, AND HOLD Pembina Gorge Foundation dba 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 Pembina Gorge

Foundation dba Frost Fire Park, arising out or resulting from any claim brought by or on behalf of myself as well

as any third-party claim related to my access to Pembina Gorge Foundation dba Frost Fire Park's premises and facilities or my

participation in the Activities, including any claim related to my or Pembina Gorge Foundation dba 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 Pembina Gorge Foundation dba Frost Fire Park 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 Pembina Gorge Foundation

dba Frost Fire Park, arising out or resulting from any claim brought by or on behalf of the minor as well as any third-party

claim related to the minor's

access to Pembina Gorge Foundation dba Frost Fire Park's premises and facilities or the minor's participation in the

Activities, including any claim related to the minor's or Pembina Gorge Foundation dba Frost Fire Park's negligence.

I UNDERSTAND THAT, FOR AN ADDITIONAL FEE OF $25.00, Pembina Gorge Foundation dba 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 SIGNING THIS AGREEMENT, VOLUNTARILY CHOSE NOT TO EXERCISE IT.

* Please see a Pembina Gorge Foundation dba Frost Fire Park representative and DO NOT SIGN this Agreement if you would like to

avail vourself of this option.

Page 1 here

HELMETS REQUIRED

I UNDERSTAND AND ACCEPT THAT HELMETS ARE REQUIRED at Pembina Gorge Foundation dba Frost Fire Park and

agree to wear a helmet while participating in the Activities. I understand that the wearing of an mountain bike-approved helmet may

reduce but will not eliminate the risk of any injuries or death from head or neck injuries, even at slow speeds.

PUBLICITY RIGHTS

I agree that Pembina Gorge Foundation dba Frost Fire Park may take my photograph/video and use the photographs) /

videos)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 Pemhia Gorge Fomdaton dba Frost Fire

Park. I understand that Pembia Gorge Foundation dba Frost Fire Park will not reimburse me for use of such

photographs)/video(s).

CONSENT TO MEDICAL TREATMENT

I authorize Pembina Gorge Foundation dba Frost 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 pa all costs associated with such care and transportation and to indemnify

and hold harmless Pembina Gorge Foundation dba Frost Fire Park from any costs incurred therein.

MISCELLANEOUS 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 SUBSTANTIAL LEGAL RIGHTS, AND VOLUNTARILY SIGN WITH FULL KNOWLEDGE OF ITS

SIGNIFICANCE.

PARENT OR LEGAL GUARDIAN ACKNOWLEDGMENT AND SIGNATURE

I AM THE PARENT OR LEGAL GUARDIAN 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 ACTIVITIES WITH THE UNDERSTANDING THAT THE TERMS AND

CONDITIONS OF THIS AGREEMENT ARE BINDING ON ME AND MY CHILD OR WARD.

ADDITIONAL ACKNOWLEDGMENT

I have carefully read the above agreement, release and indemnity agreement and understand that it is a contract which applies to all events and outdoor activities in general during the mountain biking season and I acknowledge all of its implications and the contractual responsibility I accept by signing this contract. I also understand and acknowledge that this is an ongoing and continuing release. 

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
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*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
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.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!