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FRISCO NORDIC CENTER TERMS AND CONDITIONS

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT

IMPORTANT: BY SIGNING THIS AGREEMENT YOU AGREE TO GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR MAKE ANY CLAIM FOLLOWING AN ACCIDENT, PLEASE READ CAREFULLY!

The purpose of this release of liability, waiver of claims, assumption of risks, and indemnity agreement (“Agreement”) is to release to the fullest extent allowed by law the Town of Frisco, Colorado, or any of its successors, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, and officials (“Released Parties”) from any and all liability for property damage, personal injury and/or death, including, but not limited to the alleged negligence or premises liability of released parties and transfer the risk of loss from My participation in Activities or use of Facilities or Equipment to Me.

“I”, “Me”, “My” or “You” as used in this Agreement includes all participants signing this Agreement, and all participants on behalf of whom I am signing this Agreement, including without limitation, participant(s) under the age of 18 years old (“Minor”). By executing this Agreement, I declare that I do so voluntarily on My own behalf, and if acting on behalf of another person, I am acting as their authorized agent, parent, or legal guardian and My signature expressly confirms permission to sign on the other person’s behalf and this Agreement will be binding upon that person as if they signed the Agreement themself. If I sign on behalf of another without their express permission or legal authority, I understand and agreethat I am committing fraud against the Released Parties. 

In consideration for My use of the Facilities, Equipment, and/or participation in the Activities, I voluntarily agree:

1.      The “Activity” or “Activities” include any activities on the Released Parties’ properties, including but not limited to: snow tubing, downhill skiing, snowboarding, nordic skiing, snow shoeing, sledding; lessons, training, and activity instruction; special events, camps, competitions, races or runs; spectating and watching Activities; and any use of Equipment.

2.      The “Equipment” includes any equipment rented or provided to me by the Released Parties, including but not limited to nordic ski equipment, snowshoes, and sled[s].

3.    The “Facilities” include but are not limited to, Frisco Peninsula Recreation Area and Frisco Nordic Center, and Released Parties’ lifts; vehicles; retail, ticketing, food and beverage areas; land; tubing hill; sled hill; ski terrain; premises; properties; trails; buildings; accesses, ingress or egress routes; amenities; parking lots; sidewalks; equipment; terrain parks and terrain park features (including jumps, ramps, rails, boxes and other features); equipment used in the Activities; manmade and natural terrain features; and any locations upon or within which  Activities occur.

4.    ACKNOWLEDGMENT OF RISKS: I understand My participation in the Activities, use of Facilities, and/or Equipment involves risks which may result in property damage, injury and/or death. These risks, which may be above and beyond the inherent dangers and risks of the Activity, include, but are not limited to: slipping; falling; slick or uneven walking surfaces inside and outside of and on the Facilities; surface and subsurface conditions; moguls; jumps; snow conditions; slush; ice; changes or variations in terrain and snow conditions; cliffs; ravines; streams; design, construction and condition of man-made or natural features; waterbars; downed timber; forest growth; trees, tree wells and stumps; rocks and debris; marked, unmarked, padded and unpadded obstacles or structures; bare spots; collisions or impacts with other people, objects, or structures including manmade and/or natural features; terrain features; competition venues; the decision-making, conduct and instruction of the Released Parties, including, but not limited to, rescue operations and/or medical care, allowing use or access to terrain, an Activity or Equipment; the malfunction or misuse of Equipment or lifts; the failure of Equipment or any product to perform as intended or represented; collisions or encounters with snow making equipment, snowmobiles, snowcats, ATVs or other vehicles; lift loading, unloading, and riding; misloading, entanglements and falls from lifts; and changing and adverse weather. I understand that the description of the risks in this agreement is not complete and voluntarily choose to assume all risks and dangers of the activity and the possibility of personal injury, death, property damage and loss resulting therefrom, whether or not described here, known or unknown, inherent or otherwise.

5.    RELEASE AND WAIVER OF LIABILITY, AGREEMENT TO INDEMNIFY, AND COVENANT NOT TO SUE: I agree, to the fullest extent permitted by law, to (1) assume any and all risks of injury or death resulting from participation in any Activity, or use of the Facilities and/or Equipment; and (2) waive, release and not sue, or file any actions or claims against Released Parties that are based on, arise or result from, in whole or in part, participation in any Activities, or use of Facilities and/or Equipment. This release of liability, and covenant not to sue applies, without limitation, to any and all claims, including fornegligence, premises liability, breach of contract or warranty, or breach of any statutory or other duty of care. I understandthisrelease of liability and covenant not to sue is valid each time I participate in the Activities, visit the Facilities, or use the Equipment and that it is binding upon signing and will prevent Me or any heirs, agents, parents, guardians or representatives from filing suit or making any claim for damages in the event of property damage, injury, and/or death. I further release and waive any and all claims and rights that I may now have against any Released Party and understand this releases all claims, including those of which I am not aware, those not mentioned in this release and those resulting from anything which has happened up to now. Additionally, in the event that I, any legal representative, or other person acting on My behalf or for whom I signed this Agreement files a claim or a lawsuit arising from the Facilities, Equipment, or participation in the Activities, I agree to indemnify and hold harmless Released Parties for any damages, attorney’s fees or costs arising out of such claim or lawsuit and enforcing this Agreement. In the event that the I purchased products or services that encompass the Activity or Equipment, prior to being presented with this Agreement, if I do not agree to sign the Agreement, I will be offered a full refund of paid amounts for said services and will not be allowed to participate in the Activity, or use the Equipment or Facilities, and Released Parties shall not be liable for any incidental, consequential or any other damages. With full understanding of this Agreement, I enter it freely and voluntarily.

6.       EQUIPMENT:

(a)     I accept the Equipment as is and without any warranties. I accept full responsibility for the care of the Equipment. I agree to return all rental Equipment by the determined rental period on the agreed date, or I will be responsible for any additional days’ rental charge, without refund. I am responsible for the replacement at full retail value of any Equipment that is not returned to it’s respective rental location on a timely basis or is damaged beyond repair. I agree to return the Equipment in clean and good condition to avoid any additional charges. I understand that equipment damage insurance, if purchased, only covers damage incurred during intended use of the Equipment and does not cover loss, theft or damages resulting from the intentional or negligent misuse of Equipment.

(b)    I understand that I will be charged for Equipment rental while it is in My possession, even if it is unused. Returns for any reason, including inclement weather, will not be an exception. Rental Equipment is nontransferable, and I agreetoINDEMNIFY Released Parties for any damages related to any transfer, including but not limited to injury to the user of the Equipment.

7.       MEDICAL RELEASE AND PERMISSION TO TREAT: In the event of a medical emergency to Me or Minors, I hereby give consent to Released Parties to provide any emergency first aid treatment and/or refer treatment to emergency personnel and other medical care providers under whatever conditions are deemed necessary at the time to preserve the life, limb or well-being of Me or Minor. I agree to pay all costs associated with such treatment and related transportation for Me or Minors, and to indemnify and hold harmless Released Parties for all related costs. I agree to fully release Released Parties from any and all claims associated with My treatment, including claims alleging negligent medical treatment.

8.       DIGITAL MEDIA AND DATA USE: I acknowledge and agree that Released Parties, and any third party authorized by Released Parties, shall have the irrevocable right to film, videotape, photograph, and record Me or Minors’ likeness and voice in perpetuity, and to use, display, and alter such media, including any media to be used in promotional products, licensed products, and all affiliated relationships, without compensation or restriction.

9.       Passes and tickets are not transferrable, may not be resold and are non-refundable: Passes and tickets are not refundable or transferrable, and may not be resold. Passes and tickets may be permanently confiscated without compensation if, in the sole judgment of the Released Parties, You: a) act in a manner that endangers someone’s safety; b) violate the law; c) provide lessons or services for compensation without permission; d) allow someone else to use Your pass or ticket; or e) engage in fraud, misconduct or create a nuisance. Re-issued passes may be subject to a replacement fee. I agree to immediately notify the ski area operator and authorities if the pass or ticket is lost or stolen and that failure to do so may result in loss of skiing privileges. I understand that passes and tickets do not guarantee access and Released Parties cannot guarantee conditions or the number of usable days and that refunds or credits will be at the sole discretion of the Released Parties. Released parties reserve the right to refuse or deny entry or participation in the activities at their sole discretion for health, safety or other reasons.

10.    DUTIES OF PARTICIPANTS, CLOSED AREAS AND COMPLIANCE WITH STATUTES CODES AND RULES: I will keep out of all areas marked “Closed,” or “Closed Area.” I agree to abide by all applicable laws and while participating in the Activity. I will maintain control at all times while engaging in the Activity, and will read all signage and comply with all instructions, including instructions on use of lifts and the tubing hill.  

11.    ONE AGREEMENT: This Agreement will apply for every day I use the Facilities, any Equipment and/or engage in any Activity until a new or similar Agreement is executed, or I revoke it in writing and that writing is accepted in writing and signed by the Released Parties’ authorized representative. This Agreement shall be binding to the fullest extent permitted by law, upon My assignees, subrogors, distributors, heirs, next of kin, executors, parents, guardians and personal representatives, and if any portion is determined to be unenforceable by a court/tribunal all other parts shall remain in full force and effect.

12.    VENUE AND ENFORCEABILITY: This Agreement applies to My or Minor’s participation in the Activity and use of the Facilities/Equipment, including any activity/facility/equipment not specifically identified in this Agreement. This Agreement and all claims arising from the Activities and/or use of the Facilities/Equipment, including for property damage, injuryand/ordeath, shall be governed by the law of the State of Colorado, and the exclusive jurisdiction for such claims shall be in state court in Summit County, Colorado.

13.    MINOR PARTICIPANTS: Minors are required to have a parent or legal guardian read and sign, verifying that the parent or legal guardian has read and understands this Agreement and agrees to be bound by its terms.

I CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS, AND BY SIGNING BELOW AND/OR BY USING THE EQUIPMENT, FACILITIES OR PARTICIPATING IN THE ACTIVITIES, I ACCEPT IT ON BEHALF OF ME AND/OR MINOR PARTICIPANT(S) WITH FULL KNOWLEDGE OF ITS LEGAL SIGNIFICANCE.

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
Information
What type of ticket is this waiver for?*
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
What type of ticket is this waiver for?*
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
What type of ticket is this waiver for?*
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
What type of ticket is this waiver for?*
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
What type of ticket is this waiver for?*
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
What type of ticket is this waiver for?*
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
What type of ticket is this waiver for?*
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
What type of ticket is this waiver for?*
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
What type of ticket is this waiver for?*
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
What type of ticket is this waiver for?*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address
Email*
Confirm Email*
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
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*
Relationship*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Information
What type of ticket is this waiver for?*
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.


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