GLACIER NORDIC CLUB, INC.

2024/2025 SKI SEASON TERMS AND CONDITIONS OF USE & EQUIPMENT RENTAL RELEASE OF LIABILITY

SKIER RESPONSIBILITY CODE

KNOW THE CODE. IT'S YOUR RESPONSIBILITY.

Skiing can be enjoyed in many ways. At ski areas you may see people using alpine, snowboard, telemark, cross country and other specialized ski equipment, such as that used by disabled or other skiers. Regardless of how you decide to enjoy the slopes, always show courtesy to others and be aware that there are elements of risk in skiing that common sense and personal awareness can help reduce. Observe the code listed below and share with other skiers the responsibility for a great skiing experience.

· Always stay in control and be able to stop or avoid other people or objects.

· People ahead of you have the right of way. It is your responsibility to avoid them.

· You must not stop where you obstruct a trail or are not visible from above.

· Whenever starting downhill or merging into a trail, look uphill and yield to others.

· Observe all posted signs and warnings. Keep off closed trails and out of closed areas. This is a partial list. Always be safety conscious. Officially endorsed by: NATIONAL SKI AREAS ASSOCIATION.

DUTIES OF SKIERS-MONTANA STATUTES

Montana statutes, particularly §§23-2-702 and 23-2-736, Montana Code Annotated, define and delineate your duties as a skier at Glacier Nordic Club, Inc.’s groomed ski areas (“GNC Ski Areas”). These statutes also identify the inherent risks of skiing and they control issues of responsibility for events that result from the inherent risks of skiing. While using any GNC Ski Area, you are expected to understand and obey these and all applicable statutes and laws. A copy of §23-2-736, Montana Code Annotated is posted for your review at the trailheads at: the Glacier Nordic Center at the Whitefish Lake Golf Course and Meadow Lake Nordic Trails at the Meadow Lake Golf Course. For activities other than skiing for which you use your Glacier Nordic Club membership pass or day pass (the “Pass”), and with regard to the release and waiver stated below, the Montana Recreation Responsibility Act, Title 27, Chapter 1, Part 7, applies to your activities.

2024-2025 SEASON MEMBERSHIP PASS AGREEMENT

ACKNOWLEDGMENT OF INHERENT DANGERS AND RISKS OF SKIING AND RELEASE OF NEGLIGENCE LIABILITY

I acknowledge that skiing, which includes any activity that involves sliding or jumping on snow or ice, involves inherent dangers and risks that are part of the sport, including: freestyle terrain including but not limited to jumps, obstacle courses and any other constructed feature; paint ball biathlon courses; changing weather conditions; snow conditions as they exist or may change including ice, hard pack, powder, wind pack, crust, slush, cut up snow and dirty snow; collisions with natural surface or subsurface conditions such as bare spots, forest growth, rocks, stumps, streambeds, trees and other natural objects; snow falling from trees; collisions with signs, posts, fences, closures, cart paths, tee boxes or other artificial structures and their components; variations in steepness and terrain; trail grooming equipment, and snowmobiles, whether or not the equipment is moving; collisions with other skiers and/or their equipment; the failure of a skier to ski within that skier’s ability; animals on the trail; skiing outside or off the designated trails and ski area boundary as shown on the ski area trail map.; and restricted visibility caused by snow, wind, fog, sun or darkness. I accept all legal responsibility for injury or damage of any kind to the extent that the injury or damage results from inherent dangers and risks of skiing.

I agree that I have a duty to ski at all times in a manner that avoids injury to me and others and to be aware of the inherent dangers and risks of skiing. The skier using the Pass shall: know the range of the skier’s ability and safely ski within the limits of that ability and the skier’s equipment so as to negotiate any section of terrain or ski slope and trail safely and without injury or damage; know that the skier’s ability may vary because of ski slope and trail changes caused by weather, grooming changes, or skier use; maintain control of speed and course so as to prevent injury to the skier or others; abide by the requirements of the skier responsibility code that is published by the national ski areas association; obey all posted or other warnings and instructions of the ski area operator; read the ski area trail map and be aware of its contents.

I further agree to waive and release any and all claims, actions or causes of action for damages or injuries resulting from Glacier Nordic Club Inc.’s ordinary negligence or for risks inherent in the sport or recreational opportunity. I understand that by signing this document I may be waiving my legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages I may suffer due to the provider’s ordinary negligence that are the result of the provider’s failure to exercise reasonable care.

I agree that this Acknowledgment of Risk and Release of Liability shall be governed by and interpreted solely in accordance with Montana law, and no other jurisdiction. Any litigation involving the parties to this Acknowledgment of Risk and Release of Liability must be brought solely within the Montana State or Federal Courts, which shall have the exclusive jurisdiction over any such cause.

I agree that the transaction addressed by this document/agreement may be conducted by electronic means. My electronic signature on this document/agreement shall have the same effect and shall be as binding as an original wet-ink signature.

Also, I hereby irrevocably consent to the use, by Glacier Nordic Club, Inc.’s advertisers, customers, successors and assigns, of my picture or likeness for advertising purposes or purposes of trade, and I waive the right to inspect or approve such completed portraits, pictures, or advertising matter used in connection therewith. I hereby waive any right that I may have to monetary compensation, royalties or other consideration and agree that no additional remuneration, financial or otherwise will be transacted.

If I am less than 18 years of age, my parents or legal guardian has read and agreed to the terms of this Agreement as indicated by their signatures below. The parent or legal representative signing below on behalf of a minor or incompetent person agrees and verifies that he/she has the legal authority to sign as the parent or legal representative of the minor or incompetent person. The parent or legal representative also agrees that (1) Glacier Nordic Club, Inc. or its representatives has permission and authority to treat and address medical conditions and emergencies as they deem appropriate; (2) the signing parent or legal guardian also agrees to pay any charges for such medical treatment and will indemnify Glacier Nordic Club, Inc., or its representative for the same. I have made no misrepresentations regarding my name or age.

EQUIPMENT RENTAL RELEASE OF LIABILITY

THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS, READ IT CAREFULLY

I understand that there are INHERENT AND OTHER RISKS involved in the activities for which this equipment is to be used. I freely and voluntarily assume those risks, including the risk of serious injury or death.

To the fullest extent allowed by law, I agree to RELEASE, HOLD HARMLESS AND INDEMNIFY Glacier Nordic Club (“GNC”), also known as, Glacier Nordic Shop, Glacier Nordic Ski Team, Glacier Mountain Athlete, Comp Team, Prep Team, Teen Adventure, Junior Adventure, Junior Jets and Chet Hope Youth Ski League, Masters Nordic, the manufacturers and distributors of this equipment, and their owners, agents and employees from any and all liability for injuries or damages to the user of this equipment or to any other person or property resulting from the use of this equipment. I agree NOT TO SUE or make a claim against GNC or the manufacturers of this equipment for injuries or damages relating to the use of this equipment.

I agree that it is my responsibility to know how to properly use and operate the equipment and obtain necessary instruction. I understand the function of the equipment and will not misuse or abuse the equipment. If I feel the equipment is not functioning properly, I will stop using it and have it inspected, repaired, or adjusted by a qualified technician.

I am voluntarily participating in the activity or activities with an understanding of the risks and despite the existence of the risks. I choose to participate in the activity or activities even though I know they are risky. I acknowledge my personal responsibility to advise myself of the risks of the activity or activities and to act reasonably under the particular circumstances of my participation. I acknowledge the application of the Montana Recreation Responsibility Act, Title 27, Chapter 1, Part 7, MCA.

I accept this equipment AS IS and without any warranties, express or otherwise. I accept full responsibility for the care of this equipment and will replace at full retail value any equipment rented under this agreement but not returned to GNC and will reimburse GNC for any loss or damage to this equipment other than reasonable wear and tear. I agree to return all rented equipment by the agreed date and time to avoid any additional charges.

I further agree to waive and release any and all claims, actions or causes of action for damages or injuries resulting from GNC’s ordinary negligence or for risks inherent in the sport or recreational opportunity.

I have carefully read this Agreement and fully understand its contents. This is a binding contract that supersedes any other agreements or representations and is intended to provide a comprehensive release of liability. If any part of this contract is deemed unenforceable, all other parts shall be given full force and effect. I sign it of my own free will.

By signing this document, you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care.

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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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.

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