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121 Ski Run Rd. Ruidoso, NM 88345

(575) 336-7079

RELEASE, WAIVER, AND ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

PLEASE BE ADVISED THAT BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS. ALSO, THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS.


WARNING – Winter and Summer tubing (using a rubber inner tube to slide down a hill, sometimes referred to herein as “Snow Play Hill”), riding the Screaming Eagle Mountain Coaster, and the Zipline (collectively referred to as the “ACTIVITIES”) at this facility are potentially dangerous activities, and involve inherent risks.

Engaging or participating in and of the ACTIVITIES is done at your own risk, and by your participation, you agree to accept these risks. Some of the dangers and risks associated with the ACTIVITIES include, among others, collisions with obstacles (both man-made and natural), collisions with other persons (including the other person on your tube), tubes, or going “off course” and landing in a non-ACTIVITIES area, all of which can cause a variety of personal harm and/or damage to you and/or your property.

BY SIGNING THIS RELEASE AND WAIVER, YOU ACKNOWLEDGE YOUR UNDERSTANDING AND AGREEMENT THAT:

1. ENGAGING IN THE ACTIVITIES IS POTENTIALLY DANGEROUS AND INVOLVES INHERENT RISKS, AND THAT YOU ASSUME THE RISK OF ANY INJURIES AND/OR DEATH WHICH MAY RESULT FROM SUCH PARTICIPATION. THIS APPLIES TO ALL PARTICIPANTS INCLUDING THOSE UNDER THE AGE OF 18 FOR WHOM A PARENT OR GUARDIAN HAS SIGNED THIS RELEASE AND WAIVER. SUCH INJURIES WHICH ARE ASSUMED, BUT IN NO WAY LIMITED TO: BROKEN BONES, CUTS, LACERATIONS, HEAD OR FACIAL INJURIES, SPINAL INJURIES, AND INJURIES TO APPENDAGES.

2. I HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS, LOSSES, INJURIES, OTHER DAMAGES, INCLUDING DEATH, THAT MAY OCCUR OR IN ANY WAY ARISE OUT OF, FROM, ARE RELATED TO, CAUSED BY OR RESULT FROM MY OR THE MINOR(S) PARTICIPATION IN ANY OF THE ACTIVITIES (COLLECTIVELY, THE CLAIMS) HOWEVER THE INJURY OCCURS, AND THAT I AGREE TO HOLD RUIDOSO SNOW PLAY AND ICE SKATING INC dba “RUIDOSO’S WINTER PARK”, AND THEIR AFFILIATES, SUPPLIERS, MANUFACTURERS, VENDORS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ASSIGNS, MEMBERS, MANAGERS, SUCCESSORS IN INTEREST, PARTNERS, REPRESENTATIVES, ASSIGNEES AND ANY OF THE OWNERS OF THE PROPERY UPON WHICH THE ACTIVITIES ARE OPERATED (HEREINAFTER “RELEASEES”) HARMLESS FROM AND AGAINST SUCH CLAIMS, REGARDLESS OF WHETHER SUCH INJURY, DAMAGE, OR DEATH WAS CAUSED BY THEIR NEGLIGENCE (TO ANY DEGREE), A BREACH OF WARRANTY, OR FROM ANY OTHER CAUSE. THE SCOPE OF THIS RELEASE SPECIFICALLY INCLUDES ANY MEDICAL TREATMENT PROVIDED, OR FAILED TO BE PROVIDED. SUCH RELEASE APPLIES TO THE PERSON SIGNING THIS DOCUMENT AND THE MINOR(S) LISTED BELOW. FURTHER, I AND THE MINOR(S) AGREE TO WAIVE ANY AND ALL CLAIMS RELATED TO ANY ISSUES RELATED TO STAFFING OF THE SNOW PLAY HILL, SUPERVISION OF DISPATCH DOWN SNOW PLAY HILL, AND/OR TRAINING AND SUPERVISING EMPLOYEES.

3. I AGREE TO IDEMNIFY RELEASEES AND HOLD THEM HARMLESS FROM ANY AND ALL CLAIMS, ACTIONS, SUITS, LIABILITIES, EXPENSES, INCLUDING ATTORNEY’S FEES, WHICH MAY BE BROUGHT BY ANY PARTICIPANT, OR ANYONE ON THE PARTICIPANT’S BEHALF (INCLUDING HEIRS), AS A RESULT OF ANY INJURY OR DEATH RELATED TO THE PARTICIPATION IN THE ACTIVITIES ADDRESSED HEREIN. SUCH INDEMNITY INCLUDES ANY LAWSUIT BROUGHT BY THE MINOR THROUGH A GUARDIAN AD LITEM; AND, SPECIFICALLY INCLUDES ATTORNEY’S FEES AND COSTS INCURRED BY RELEASEES.

4. I HAVE READ AND UNDERSTAND THE POSTED RULES, REGULATIONS, AND PROCEDURES REGARDING THE PARTICIPATION IN ANY OF THE ACTIVITIES AND THAT I AGREE TO ABIDE BY AND FOLLOW THOSE REGULATIONS AT ALL TIMES, INCLUDING THE RULES THAT REQUIRE YOU TO REMAIN SEATED IN THE MOUNTAIN COASTER CART AND TO OPERATE THE BRAKE IN THE CART SO AS TO MAINTAIN A SAFE SPEED AND AN APPROPRIATELY SAFE DISTANCE BETWEEN YOU AND OTHERS AND TO KEEP YOUR ARMS AND LEGS INSIDE THE CART DURING THE OPERATION TO MINIMIZE THE RISK OF INJURY. I FURTHER READ AND UNDERSTAND THE RIDE OPERATION, SAFETY RULES, AND SIGNS POSTED AT THE FACILITY AND AGREE TO FOLLOW THEM.

5. NO PERSON UNDER THE AGE OF 18 IS PERMITTED TO PARTICIPATE IN ANY OF THE ACTIVITIES UNLESS AND UNTIL THE PARENT OR GUARDIAN OF THAT PERSON HAS SIGNED THIS RELEASE, WAIVER, AND ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT. THE PARENT OR GUARDIAN OF SUCH MINOR SHALL BE SOLEY RESPONSIBLE FOR THAT MINOR; AND

6. I SPECIFICALLY ACKNOWLEDGE THAT MY SIGNATURE ON/AT/IN THE ELECTRONIC SIGNATURE KEYPAD CONSTITUTES AN ORIGINAL SIGNATURE TO THIS RELEASE, WAIVER, AND ASSUMPTION OF RISK, AND IDEMNITY AGREEMENT AND THAT A REPRODUCED VERSION, COPY, OR OTHER FACSIMILE OF MY SIGNATURE MAY BE USED AS AN ORIGINAL OF MY SIGNATURE, WHETHER SIGNED BY ME ON MY OWN BEHALF OR BY ME AS THE PARENT OR GUARDIAN OF A MINOR.

7. BY SIGNING THIS AGREEMENT, I AGREE THAT RELEASEES ARE PROVIDING RECREATIONAL SERVICES, AND NOT SELLING OR LEASING A PRODUCT, HENCE, RELEASEES SHALL NOT BE SUBJECT TO CLAIMS UNDER PRODUCTS LIABILITY OR WARRANY CAUSES OF ACTION.


PLEASE CONDUCT YOURSELF IN A RESPONSIBLE AND SAFE MANNER AND BE CONSIDERATE OF OTHERS WHILE PARTICIPATING IN THE ACTIVITIES.


PHOTO RELEASE: MANY AREAS OF THE FACILITY ARE FILMED VIA CCTV VIDEO, AND/OR PHOTOS ARE PERIODICALLY TAKEN OF THE OPERATIONS THROUGHOUT THE DAY. BY SIGNING THIS DOCUMENT, I, AND ON BEHALF OF THE MINOR(S) BELOW, CONSENT TO THE SAME, AND AUTHORIZE THEIR USE BY RELEASEES.






First Participant's Name

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Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

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Last Name*
Second Participant's Date of Birth*
Third Participant's Name

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Third Participant's Date of Birth*
Fourth Participant's Name

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Fourth Participant's Date of Birth*
Fifth Participant's Name

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Fifth Participant's Date of Birth*
Sixth Participant's Name

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Sixth Participant's Date of Birth*
Seventh Participant's Name

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Seventh Participant's Date of Birth*
Eighth Participant's Name

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Eighth Participant's Date of Birth*
Ninth Participant's Name

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Ninth Participant's Date of Birth*
Tenth Participant's Name

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Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

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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.
Parent or Guardian's Name

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Last Name*

Phone*
Parent or Guardian's Date of Birth*
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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