Sundance Nordic Center - Waiver and Release
I, the undersigned, and if I am a person under 18 years of age, my parent or authorized adult (hereafter collectively “I”) understand that cross country skiing (Nordic skiing) in its various forms, snowshoeing and instruction thereon (hereafter “the Activity”), involves significant risk of serious personal injury, property damage, or even death and that there are inherent and other dangers and risks involved in the Activity, including without limitation: changing weather conditions, including avalanches and water hazards; existing and changing snow conditions; bare spots; rocks; stumps; trees; collisions with natural, or man-made objects, equipment including snowmobiles, snow-grooming equipment, vehicles and animals, other skiers/snowshoers; variations in terrain; and the failure of skiers to ski within their own abilities. I understand that cross country ski boot binding systems are designed as non-releasing systems, and will not ordinarily release during use, and are no guarantee of my safety. I voluntarily agree to expressly assume all risks of injury or death that may result from participation in the Activity, and/or which relate in any way to the use of equipment.
In consideration of the use of Sundance Mountain Resort’s (the “Resort”) facilities and instruction by the Resort, I agree to the following:
Release of Liability and Indemnity. To the fullest extent allowed by law, and as permitted pursuant to Utah Code Annotated 78B-4-405, I agree to fully release, hold harmless and indemnify, Sundance Mountain Resort, Storyteller Canyon Property Owner LP, Storyteller Canyon Operating Company, LLC, Sundance Partners, Ltd., Sundance Development Corporation and their respective owners, affiliates, insurance carriers, agents, employees, representatives, assignees, members, partners, officers, directors, and shareholders and the manufacturers and distributors of any equipment rented (collectively the “Released Parties”), for any and all claims, injuries, death, damages, expenses or loss arising from, related in any way to my use of the Resort facilities and services including from my cross country skiing, snowshoeing, use of any equipment rented, use of trails, surface transportation, parking, events, food services, instruction, lessons, lodges, product liability, the operation of the Resort, the negligence of the Released Parties or any falls regardless of whether or not the Released Parties were negligent (hereafter collectively the “Use of the Resort”). My obligations include paying all attorneys’ fees, costs, or judgments incurred by the Released Parties as a result of my obligations to indemnify or the breach of this agreement. I agree never to file a lawsuit against the Released Parties, and/or the manufacturers and distributors of any equipment rented, related to my “Use of the Resort” even if the Released Parties were negligent. However, I agree that any lawsuit filed against the Released Parties relating to my Use of the Resort shall be filed in the Fourth District Court in Utah County, Utah, or the Federal Court for the District of Utah and that I will not seek any “general damages” or “pain and suffering” damages in any lawsuit or claim.
I authorize the Resort to administer first-aid as they deem necessary. I authorize my transportation to a medical facility at my expense, if deemed necessary by the Resort, and waive any rights of subrogation against the Resort for any medical expense.
I agree that if any part of this agreement is determined to be unenforceable, then all other parts shall remain in effect and that Utah law shall apply. This agreement is binding upon my heirs and representatives.
If renting equipment I also agree to the following (if not renting equipment, disregard):
In consideration of the Sundance Nordic Center (“Nordic Center”) renting me this equipment: I accept for use AS IS the equipment rented, and accept full responsibility for the care of the equipment while it is in my possession. I will be responsible for the replacement at full retail value of any equipment that is not returned to the Nordic Center, and repair/replacement for any damage beyond normal wear and tear as determined by the Nordic Center. I agree to return all equipment by the agreed date in clean condition to avoid any additional charges. I have received instructions on the use of the equipment and fully understand its use and function. I have received satisfactory answers to any questions I may have regarding the equipment and I will stop using the equipment and have it inspected, repaired or readjusted by a rental technician if I feel that it is not functioning properly. If the equipment is damaged or involved in any kind of accident, I will immediately return it to the shop and report the accident or damage to the shop in writing. I have made no misrepresentations to the Nordic Center concerning height, weight, age, experience or skill, or other information requested. My signature on this form affirms that I have verified and agree with settings on the equipment provided to me.
I represent that I have read, agree, and understand the terms of this release. I am aware that this is a release of liability and an agreement between myself and the Released Parties and I sign it of my own free will.