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RELEASE OF LIABILITY AND ASSUMPTION OF RISK

Stanley Winterfest Activities

The individual named below (referred to as "I" or "me") desires to participate in the Activity (defined below). In consideration of, without limitation, the intangible value that I will gain by participating in the Activity and in recognition of the Released Parties’ (defined below) reliance hereon, I agree to all the terms and conditions set forth in this instrument (this "Release"). 

  1. Certain Definitions. “Activity” means participating in those certain activities (including, without limitation, raft ride, tube ride, dancing, consuming food and beverage(s), outhouse race, three legged race, drag race, turkey bowl, sledding, racing, snowshoeing, biking, snowmobiling, and traveling to and from activity sites) or otherwise utilizing the Property, facilities and/or equipment provided as part of or in connection with the Stanley Winterfest to be held on February 14th and 15th, 2025, on or about the Property. “Property” means all real property and associated improvements on which any part of the Activity takes place. “Released Party(ies)” means, each of and collectively, Russell and Mandy Clark, Sawtooth Summit Operations, Inc., an Idaho corporation (dba Mountain Village Resort), Sawtooth Summit Food & Beverage, Inc., an Idaho corporation (dba Mountain Village resort), B & C Property Holdings, LLC, an Idaho limited liability company, Winterfest Inc, an Idaho non-profit corporation, and the City of Stanley, a political subdivision of the State of Idaho, and each of their respective officers, directors, shareholders, members, managers, employees, volunteers, agents, insurers, affiliates, successors and/or assigns. 
  2. Assumption of Risk. I DESIRE TO PARTICIPATE IN THE ACTIVITY. I ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE ACTIVITY IS A DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE RISKS/DANGERS INCLUDE, WITHOUT LIMITATION, EXTREME PHYSICAL ACTIVITY, ADVERSE WEATHER CONDITIONS (INCLUDING COLD, SNOW, AND ICE), OBSTACLES (INCLUDING VISIBLE AND HIDDEN), UNEVEN, SLIPPERY, STEEP, AND/OR UNSTABLE TERRAIN, THIRD PARTIES (INCLUDING OTHER PARTICIPANTS AND ANIMALS), AND ASSOCIATED EQUIPMENT USED IN CONNECTION WITH THE ACTIVITY. I ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT ANY INJURIES I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF ANY OF THE RELEASED PARTIES, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF ANY RELEASED PARTY OR OTHERWISE. THERE MAY BE OTHER RISKS NOT KNOWN OR REASONABLY FORESEEABLE AT THIS TIME. I UNDERSTAND AND I HAVE CONSIDERED THE RISKS, AND I VOLUNTARILY AND FREELY CHOOSE TO ASSUME THESE RISKS.
  3. Release of Liability. I hereby expressly waive, discharge, and release any and all claims, now known or hereafter known or arising, against any Released Party, on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Released Parties or otherwise. I covenant not to make or bring any such claim against any Released Party, and forever release and discharge each of the Released Parties from all civil liability under such claims. 
  4. Indemnification. I shall defend, indemnify, and hold harmless each of the Released Parties 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 and costs, other fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, incurred by or awarded against any Released Parties arising out of or resulting from any claim of a third party related to my participation in the Activity, including any claim related to my own negligence or the ordinary negligence of any Released Parties.
  5. Representations & Covenants. I hereby represent, warrant, and agree as follows: (i) I am in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Activity and use all related equipment; and (ii) if at any time I believe conditions to be unsafe or that I am no longer in proper physical condition to participate in the Activity, I will immediately discontinue further participation in the Activity. I understand and agree that this Release will apply whenever I use or am present on the Property and shall remain in effect and apply for each and every day I use the Property without requiring me to sign an additional release until a new release is executed on my behalf, or I revoke it in writing and that writing is duly accepted by the applicable Released Party in writing. 
  6. Medical Treatment. I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless each of the Released Parties from all claims based on such treatment or other medical services (including the lack or delay thereof). 
  7. Publicity. I hereby grant each Released Party the worldwide perpetual right and permission to use at any time and in any media my feedback, name, likeness, voice and statements as recorded or otherwise provided by me (“Materials”) for any lawful purpose. I waive any right to inspect or approve such use of the Materials. Each of the Released Parties may edit, reproduce, create derivative works from, publish, display, transmit, or otherwise make available to others the Materials or any portion of the Materials in any form. I understand that I may be identified in any use of the Materials. I waive any right, claim or interest I or any of my heirs, executors, personal representatives, or assigns may have in the Materials and release each of the Released Parties from all liability arising out of or related to use of the Materials.
  8. Miscellaneous. This Release constitutes the sole and entire agreement with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of each Released Party and me and their/my respective successors, heirs, and assigns. The terms of this Release continue in perpetuity without expiration. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Idaho without giving effect to any choice or conflict of law provision or rule. Any claim or cause of action arising under this Release may be brought only in the applicable federal and state courts located in the State of Idaho, and I hereby consent to the exclusive jurisdiction of such courts.

I, ON BEHALF OF MYSELF, MY MINOR/WARD, AND MY HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS, HAVE READ THIS RELEASE, FULLY UNDERSTAND AND AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS. I AGREE THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING BELOW, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES AND HAVE SIGNED THIS RELEASE FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE, OR GUARANTEE OF ANY NATURE. 

Today's date: January 21, 2025

First Participant's Name

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Second Participant's Name

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Third Participant's Name

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Fifth Participant's Name

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Sixth Participant's Name

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Seventh Participant's Name

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Eighth Participant's Name

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Ninth Participant's Name

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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.
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 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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