RELEASE OF LIABILITY AND INDEMNITY AGREEMENT I understand that the sports of skiing, snowboarding, snowshoeing, and other recreational activities (the “Sports and Activities”) associated with Uphill Access can be dangerous and involve the risk of injury and death. Despite the risk involved in the Sports and the Activities and in consideration of the right to participate in Uphill Access, I VOLUNTARILY AGREE ON BEHALF OF MYSELF AND ANY MINOR CHILD OR DEPENDENT IDENTIFIED HEREIN TO EXPRESSLY ASSUME ANY AND ALL RISK OF INJURY OR DEATH which might be associated with Uphill Access and with the Sports and the Activities at Crystal Mountain Ski Area. I understand this release is intended to cover all recreational, instructional, and related activities in which I/the minor may participate in connection with Uphill Access. I understand that participation in the Sport and the Activities involves risks which are too numerous to spell out, but include, without limitation, variations in terrain and snow conditions, surface and subsurface snow conditions, bare spots, bumps, erosion control devices, rocks, cliffs, avalanches and all other slope hazards and obstacles. I also understand that participation in the Sport and the Activities involves risks posed by loss of control, collisions with others and collisions with natural and man-made objects, including trees, rocks, fences, lift towers, snow making equipment, over-snow vehicles, and vehicles. Personnel may give inadequate warnings or instructions, and the equipment being used might malfunction. Other risks include the risks associated the presence of terrain parks, half pipes, rails and other features, using transportation, walking in lodges and parking lots, using the buildings and premises, traveling in the mountains and beyond the ski area boundary, and encountering people participating in lessons, races and special events (collectively, “Use of the Facilities”). Furthermore, to the fullest extent permissible under law, I AGREE NEVER TO SUE AND TO RELEASE FROM LIABILITY CRYSTAL MOUNTAIN SKI RESORT, ALTERRA MOUNTAIN COMPANY, THE UNITED STATES DEPARTMENT OF AGRICULTURE, UNITED STATES FOREST SERVICE, AND THEIR OWNERS, EMPLOYEES, AGENTS, LANDOWNERS, SPONSORS, AND AFFILIATED COMPANIES (hereafter “collectively referred to as “Crystal”) for any damage, injury or death to me (or, if signing on behalf of my minor child, my child) arising from participation in Uphill Access or the Use of the Facilities, regardless of cause, including Crystal’s actual and/or alleged NEGLIGENCE. I understand this is a RELEASE OF LIABILITY, which will prevent me or my heirs from filing suit or making any claim for damages in the event of injury or death to me/my minor child. Additionally, in the event I, my heirs, the user, or my legal representative files a lawsuit arising out of my/my minor child’s participation in Uphill Access or our Use of the Facilities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Crystal for any damages, attorneys’ fees or costs associated with or arising out of such a lawsuit. With the aforesaid fully understood, I nevertheless enter into this agreement freely and voluntarily and agree that it is binding upon me, my heirs, assigns and legal representatives. I also agree to indemnify Crystal for any and all claims brought by a third party which arise from the participant’s or my participation in the Sports, Activities, Uphill Access and the Use of the Facilities. If I am signing this Liability Release on behalf of a minor (less than 18 years of age): I represent and warrant that I am the parent and/or legal guardian of such Child and that the Child is in good health and there are no special problems associated with the care of the Child; I accept responsibility for all the Child’s medical expenses incurred in connection with Uphill Access and the Use of the Facilities; I agree to indemnify Crystal for any and all claims brought by the Child; and, I agree to indemnify Crystal for any and all claims brought by a third party arising in connection with the Child’s participation in Uphill Access and the Use of the Facilities. I further agree to follow all of the provisions of the Uphill Access User Agreement Set forth on the reverse of this Release Agreement. I understand and agree that this agreement is severable and that if any clause is found to be invalid the balance of this contract will remain in effect and will be valid and enforceable. I agree that any action will be brought in a court of competent jurisdiction. Any and all disputes will be subject to and determined under the laws of the State of Washington, Pierce County.
UPHILL ACCESS USER AGREEMENT Crystal Mountain Resort (“Crystal”) encourages the use of public lands and seeks to provide guests with opportunities for Uphill Access while retaining appropriate consideration for safety and operations. This Agreement is designed to enable Crystal to maintain safe, uninterrupted operations and to provide clear, understandable rules for Uphill Users. Setting expectations is a key component of this Agreement. All Uphill Users must sign this Agreement and the attached Release of Liability before engaging in Uphill Access. Procedures: 1) Definitions: a) An “Uphill Route” is a designated groomed route within the Crystal ski area boundary that is open to Uphill Users. All Uphill Routes are non-exclusive – they are used by downhill skiers and riders at the same time. b) “Approved Equipment” includes skis, split boards, or snow shoes. Skis or split boards must have skins or climbing scales, and must have retention devices and/or standard binding brakes. All Uphill Users must be using Approved Equipment to access Uphill Routes. Uphill Users are not permitted to “boot pack” on Uphill Routes. All Nordic skis must be fitted with retention devices. c) An “Uphill User” is any skier, snowboarder or snowshoer who obtains an Uphill Pass and who is utilizing Approved Equipment on an Uphill Route. d) “Uphill Access” is any use of an Uphill Route by an Uphill User using Approved Equipment. e) “Uphill Pass” is a pass provided to Uphill Users. Obtaining an Uphill Pass is mandatory to engage in Uphill Access. Uphill Users must display an Uphill Pass while engaged in Uphill Access. · Uphill Passes may be obtained at Guest Services. · Uphill Users must execute a Release of Liability Agreement in order to obtain an Uphill Pass. · Uphill Users must execute an “Uphill Use Agreement” acknowledging this Policy and Procedure in order to obtain an Uphill Pass. · Uphill Access does not include minor, occasional, traditional “boot pack” access by downhill skiers and riders, such as accessing the Throne, Silver King or other in-bounds runs that may require minor uphill travel. Such use is permitted without an Uphill Pass. 2) Uphill Access is prohibited when the indicator lights throughout the base area are blinking. 3) Uphill Access is only permitted on open, designated, Uphill Routes. 4) All Uphill Users at Crystal are required to use and adhere to the rules set out in this Policy and Procedure and in the Uphill Use Agreement. Violations of this Policy and Procedure or the Uphill Use Agreement will result in termination of Uphill Access privileges. 5) Uphill Routes may be closed to Uphill Access at any time for numerous reasons, including but not limited to, avalanche hazard, avalanche control, trail grooming, snowmaking, race training, special events or other special activities. Decisions to open, close, or otherwise limit Uphill Routes are within the sole and absolute discretion of Crystal management. 6) Chairlift riders must have a valid lift ticket to ride chair lifts. Violators will lose their Uphill Access privileges, and may be prosecuted for violation. 7) Ski Patrol is responsible for opening, closing, and communicating the status of the Uphill Routes. a) Uphill Route status will be communicated through the Crystal Mountain Web site, permanent trail maps and blinking uphill travel lights. b) Ski Patrol will update the Crystal Mountain Web site with current Uphill Route status. Prohibited Practices: 1) Switchbacking is prohibited on all Uphill Routes. Uphill Users are not permitted to traverse across any Uphill Route or ski run. Uphill Users must stay within a ski length of the groomed and un-groomed edge of the ski trail. 2) Uphill Access outside of the ski area’s normal operating hours is restricted to the Quicksilver Uphill Route if the blinking lights are not on. Uphill Access is prohibited on any run that is not a designated Uphill Route. 3) For all groups larger than two people, groups must maintain a minimum of 200 foot spacing between each group using the same Uphill Route. For groups of two or fewer people, Uphill Users should maintain appropriate spacing between groups above and below them. 4) Dogs present a hazard to the safety of the skiing public and to the safety of the dogs and are prohibited on Uphill Routes. An exception is made for service animals that can be carried while traveling on an Uphill Route within the ski area boundary. 5) Fat Tired bikes are not Approved Equipment and are not permitted. 6) Sledding, tubing and other methods of sliding that are not Approved Equipment are not permitted. Uphill Use Rules: 1) Uphill Users must stay on the side of the trail and always remain visible. 2) Uphill Users must be aware of downhill traffic and plan their routes to avoid blind spots. 3) Uphill Users must be on guard for snowmobiles, snow cats and other vehicular traffic. Headphones should be avoided or turned down to enable hearing auditory alarms on vehicles. 4) Uphill Users must never cross any snowmaking hose or power cable. Uphill Users who encounter a snowmaking hose or power cable must turn around. Uphill Users who damage snowmaking hoses or power cables will be held financially responsible for replacement of damaged equipment. 5) Uphill Users must obey all on-mountain signage, including adherence to closed runs and rope lines. Entering closed terrain is prohibited. Uphill Users who enter closed runs or who cross rope lines will have all skiing privileges suspended, and may be prosecuted for violation of RCW 79A.45.070 (skiing in an area or trail closed to the public—penalty). It is the Uphill User’s responsibility to obtain sufficient information to know what is open or closed prior to accessing Uphill Routes, and to adhere to closures that occur while the Uphill User is on an Uphill Route. A run is considered closed if a downhill skier cannot access it. Crystal is a dynamic mountain. The trails can open and close during normal operating hours based on a number of conditions. 6) Uphill Use must terminate when an Uphill Route is closed during normal operating hours. Uphill Users must turn around and ride down to the bottom of the mountain, whether or not they are asked to do so. | 