I, (the undersigned) am aware that by signing this agreement, I am waiving certain legal rights and agree unconditionally to all terms as outlined below:
I accept for use AS IS the equipment listed on this form and accept full financial responsibility for the care of the equipment listed on this form while it is in my possession. I will be responsible for the replacement at full value of any equipment rented under this form if not returned to the shop. I agree to return all rented equipment by the agreed date and to pay for any repairs for damage beyond normal wear and tear during my rental period.
I understand how this equipment works and have received instructions and satisfactory answers to any questions. I agree to check this equipment before each use (including the binding anti-friction device – Alpine only); and if at any time this equipment does not seem to be working properly, I will stop using it immediately and return it for inspection and possible repair or adjustment. I understand that proper bindings settings depend upon the accuracy of my statements about weight, height, age, and skier type on this form. I have confirmed that the binding release/retention settings on this equipment correspond to those stated on this form. If this equipment is to be used by someone other than me, I certify that I am acting as agent for the user and that I will provide this form and all pertinent warnings and information to the user.
I understand and agree that the sports of skiing, snowboarding and other winter activities (“snow sports”) are potentially hazardous activities that involve many risks and dangers, including but not limited to: injuries that can result from variations in terrain; snow or ice conditions; bare spots; rocks, trees and other forms of natural growth or debris; collisions with ski towers and their components, with other skiers/snowboarders, snowmaking or snow-grooming equipment. I also understand that injuries from various causes are an INHERENT RISK of participating in these activities, and that injuries to any and all parts of my body are a COMMON AND ORDINARY OCCURRENCE during these activities. I freely accept and voluntarily agree to expressly ASSUME ALL RISKS OF INJURY OR DEATH that may occur while engaged in snow sports or which relate in any way to the use of this equipment.
Alpine Systems: I understand that the Alpine ski/boot/binding system CANNOT RELEASE OR RETAIN in all situations where release or retention may prevent injury or death and therefore CANNOT GUARANTEE MY SAFETY.
Snowboard Systems: I understand that these systems normally will NOT RELEASE in falls and accidents and that they do NOT PROTECT against any type of injury.
Helmets: I understand that a helmet designed for snow sports use will help reduce the risk of some types of injuries to the user at slower speeds. I recognize that serious injury or death can result from both low and high energy impacts even when a helmet is worn and that no helmet can protect the users against every foreseeable impact and that snow sports present situations which surpass the limits of protection offered by a helmet. I understand that a helmet does not protect against trauma to any part of my body, including my face, neck, and spine. A helmet does not protect where it does not cover. I agree if the helmet is damaged or involved in any kind of accident, I will stop using it immediately, return it to the shop and report the accident or damage.
I WILL NOT SUE (RELEASE OF LIABILITY, HOLD HARMLESS AND INDEMNITY)
I agree to release from liability and to indemnify and hold harmless and defend Snow Snake Mountain, Inc. and all other manufacturers and distributors of any equipment (collectively “providers”) from all liability for injury, death, property loss and damage of any nature which results from the equipment users participation in snow sports or in any way relating to use of this equipment, including all liability which results from the NEGLIGENCE of PROVIDERS, breach of warranty, product defect or any other theory. I will defend and indemnify Snow Snake Mountain, Inc. and all providers for any loss or damage, including any attorney fees and costs without limitation that results from claims or lawsuits for personal injury, death and property loss and damage relating in any way to the use of this equipment. I agree not to sue Snow Snake Mountain, Inc.
THIS DOCUMENT IS A LEGALLY BINDING CONTRACT which supersedes any other agreements or representations by or between the parties. It shall be interpreted to provide as broad and inclusive release of liability as is legally possible as governed by the applicable law of this State. If any provision of this agreement is deemed to be unenforceable, all other provisions shall be given full force and effect, as this agreement is not intended to assert any claims or defenses which are prohibited by law. I will not transfer the equipment for use to any other person. If I do transfer the equipment in violation of this agreement, I will indemnify providers against any claim, demand, losses or damages arising out of the injury or property damage through use of this equipment. This agreement shall be binding and may be pled as a complete bar and defense against any claim, demand, action or causes of action by or on behalf of the undersigned by any user.
I have carefully read the agreement, release and indemnity agreement and understand it is a contract and understand the contractual responsibility I accept by signing this document.
Parent/Guardian: If equipment user is a minor, I verify that I am the parent or guardian, and I have the authority to enter into this agreement on behalf of the user. I agree to be bound by all terms and conditions of this agreement and to defend, hold harmless and indemnify providers from any claim or suit arising from said minor’s use of this equipment or participation in snow sports.