1. The person(s) who is participating in the Activity (defined below) is referred to as “Participant.” I am either the Participant or, if the Participant is under 18 years of age, I am the Participant’s parent or legal guardian. I understand that participating in ski and snowboard school, skiing, snowboarding, ski and snowboard simulation, ski and snowboard conditioning and other fitness classes, training, other recreation, renting equipment and using the skis and snowboard, and other facilities, including the ski and snowboard slope simulator, jib bar, jib and/or trampoline board, and any and all related products and services, for any purpose (collectively, the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. 2. I understand there are inherent and unforeseen dangers and risks of the Activity and that the Participant ASSUMES ALL DANGERS AND RISKS of the Activity. 3. I expressly acknowledge and assume all additional risks and dangers that may result in property damage, physical injury, and/or death above and beyond the inherent dangers and risks of the Activity, including but not limited to: falling; slick or uneven surfaces; collisions; following the direction of an instructor; equipment malfunction, failure or damage; improper use or maintenance of equipment; loss of balance; the negligence of Participant, facility employees, instructors, other participants, or others; limited access to and/or delay of medical attention; Participant’s health condition; physical exertion; exhaustion; dehydration; altitude sickness; and/or mental distress from exposure to any of the above. I UNDERSTAND THAT THE DESCRIPTION OF THE RISKS IN THIS AGREEMENT IS NOT COMPLETE, AND I VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY, WHETHER OR NOT DESCRIBED HERE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE. 4. Participant assumes the responsibility of maintaining control at all times while engaging in the Activity and for reading, understanding and complying with all instructions. I understand that a minor Participant may use the ski and snowboard slope simulator, and related products and services without an adult present, and that falls and injuries occur and are common. 5. If Participant rents equipment, I agree to accept for use the equipment rented “AS IS”, accept responsibility for the care of the equipment during the rental period, and agree to be responsible for the full replacement value of any equipment not returned or returned in a damaged condition. I represent that no misrepresentations have been made in regards to the height, weight, age and/or ability level of the Participant and represent that Participant will be the only person using the equipment. I UNDERSTAND THAT THE BINDING SYSTEM AND OTHER EQUIPMENT SAFETY DEVICES CANNOT GUARANTEE THE USER’S SAFETY. The binding system will not release at all times or under all circumstances where release may prevent injury or death, nor is it possible to predict every situation in which it will release. Other equipment systems may not function appropriately at all times or under all circumstances where such function may prevent injury or death, nor is it possible to predict every situation in which such systems will function appropriately. I further understand that the downhill ski and snowboard binding system and other equipment devices DO NOT REDUCE THE RISK OF ANY TYPE OF INJURY TO PARTICIPANT. I understand that in skiing, snowboarding, and other sports utilizing equipment with non-release bindings, the binding system will not ordinarily release during use. I agree to assume and accept any and all known and unknown risks of injury to Participant while using this equipment. 6. The Company encourages and requests all guests who use or visit the Company’s facilities to follow the most current guidelines issued by the Centers for Disease Control and Prevention (“CDC”) for best practices to avoid influenza and respiratory illnesses such as COVID-19, as well as federal, state and local requirements. The CDC’s COVID-19 homepage, with links to guidelines, can be found here: https://www.cdc.gov/coronavirus/2019-ncov/index.html. Generally, the CDC’s recommendations include, but are not limited to, proper hygiene techniques, proper sanitation of equipment before and after use, social distancing, and submitting to temperature checks and screenings prior to access to the Company’s facilities. I hereby attest that the Participant has not experienced one or more severe symptoms associated with COVID-19 (including, without limitation: Cough; Shortness of Breath or Difficulty Breathing; Chills or Repeated Shaking with Chills; Runny Nose; Fatigue; Sore Throat; Muscle Pain; Headache; Loss of Taste or Smell.) within the last 14 days, or am still within a quarantine period as recommended by a healthcare provider. I understand and acknowledge that that the Participant will not be granted access to the Company’s facilities if the Participant records a temperature of 100.4 degrees or greater, and that by THE PARTICIPANT entering the Company’s facilities on each visit, I make an affirmative attestation to this statement. I hereby acknowledge that it is my duty to revoke IN WRITING any certification set forth herein as it relates to futures dates if I can no longer make the attestation contained herein. I also acknowledge that the Company has asked all guests to refrain from using the Company’s facilities if they are experiencing any signs of respiratory illness such as a fever, cough, shortness of breath or loss of smell or taste. Any guest who experiences these symptoms while at the Company’s premises is instructed to leave immediately, inform the Company manager on duty, contact their healthcare provider and follow guidelines established by the CDC. While I understand that the Company has taken what it, in its sole discretion, deems to be commercially reasonable steps to attempt to prevent its employees or guests from contracting the virus at the Company, the Participant is electing to enter the Company and participate in the Activity at his or her own risk and notwithstanding any actions or inactions taken by the Company. Further still, I understand and acknowledge that the Company, by taking any steps that it deems reasonable, is not assuming any duties to the Participant or anyone related to the Participant. I understand that COVID-19 is a contagious respiratory illness and that the United States, Colorado, and this County have declared emergencies at various times related to COVID-19. The Participant has elected to leave his or her home and come to the Company’s facilities, is under no obligation to come to the Company’s facility and does so at his or her own election. I hereby acknowledge and assume the risk of THE PARTICIPANT becoming infected by COVID-19 by being at the Company’S FACILITIES and assume all economic risks including, but not limited to, paying for medical bills, the risk that THE PARTICIPANT may lose income or be incapable of fulfilling THE PARTICIPANT’S job responsibilities should THE PARTICIPANT become infected. 7. I acknowledge and agree that the Participant may be required to a temperature check and screening (collectively the “Screening”) voluntarily in order to visit and/or utilize the Company’s facilities on each visit. I understand that the Screening is not diagnostic, and it only seeks to determine whether the Participant has symptoms currently associated with COVID-19. I acknowledge that the Screening does not create a patient/healthcare provider relationship with the Company, and that I should seek medical advice if I have any questions or concerns regarding the Participant’s health or the outcome of the Screening. If applicable, I hereby authorize the Company to take the Participant’s temperature reading and ask questions regarding my potential exposure to, and symptoms associated with, respiratory illnesses such as COVID-19. The Company will maintain any related documentation in a confidential manner. I acknowledge that an elevated temperature reading or exhibiting symptoms of respiratory illness does not mean that the Participant has COVID-19. Conversely, I acknowledge that the lack of an elevated temperature reading or symptoms does not mean that the Participant does not have COVID-19. 8. Additionally, in consideration for allowing the Participant to participate in the Activity, I AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND NOT TO SUE Revolution Snowsports, Inc., Electric Snow, and all of their affiliated companies and subsidiaries, and their respective insurance companies, successors in interest, commercial & corporate sponsors, affiliates, agents, employees, representatives, assignees, officers, directors, and shareholders (each a “Released Party”) FOR ANY PROPERTY DAMAGE, INJURY, OR LOSS TO OR CAUSED BY PARTICIPANT, INCLUDING DEATH, WHICH PARTICIPANT MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY. 9. I represent that Participant is in good health and that there are no special problems associated with Participant’s physical or mental condition. I authorize a licensed physician or other medical care provider to carry out any emergency medical care for Participant which may be necessary and agree to be fully responsible for any costs associated with such care or transport to such care. 10. I grant the Released Parties the right of publicity, to own, use, and publish any image or video collected of Participant while participating in the Activity. 11. I agree that any and all claims for loss, injury and/or death arising from the Participant’s participation in the Activity shall be GOVERNED BY CALIFORNIA LAW, without regard to conflicts of law principles, and that EXCLUSIVE JURISDICTION AND VENUE shall be in the District Court residing where the alleged incident occurred or in Federal Court for the District of Colorado. I VOLUNTARILY AND IRREVOCABLY WAIVE ANY OBJECTION TO SUCH LAW, JURISDICTION, AND VENUE. 12. BY SIGNING ON BEHALF OF A MINOR (OR OTHER PARTICIPANT), I REPRESENT THAT I AM THE LEGAL PARENT OR GUARDIAN OF THE PARTICIPANT and acknowledge that the Participant is bound by all the terms of this Agreement. I understand that the minor Participant would not be permitted to take part in any of the Activities unless I agree to the terms of this Agreement. By signing this Agreement without a parent or legal guardian’s signature, I represent, under penalty of fraud, that I am at least 18 years old. 13. I AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, ARISING FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS AGREEMENT. 14. I understand that this Agreement is a contract and, to the fullest extent permitted by law, shall be binding on me and my assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives. To the extent that a court of competent jurisdiction finds that one or more provisions of this Agreement are unenforceable, in whole or in part, such provision(s) shall be judicially reformed to best represent the intent of the provision(s), while still being enforceable.
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