P.O. Box 161, Kirkwood, CA 95646 WARNING: THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING IT YOU ARE GIVING UP CERTAIN LEGAL CLAIMS, INCLUDING CLAIMS FOR ORDINARY NEGLIGENCE. READ IT CAREFULLY BEFORE SIGNING. 1. ACKNOWLEDGEMENT OF RISK I acknowledge and fully understand that participation in Kirkwood Ski Education Foundation (“KSEF”) activities, including but not limited to skiing, snowboarding, ski and snowboard racing, race training, on-snow and off-snow conditioning, hikes, walks, outdoor events, camps, clinics, travel to and from such activities, and all related athletic, social, and educational activities (collectively, the “Activities”), carries inherent and other risks of injury, illness, property damage, permanent disability, or even death. These risks include, but are not limited to: variable snow, ice, and terrain conditions; terrain features and man-made or natural obstacles; trees, rocks, cliffs, fences, lift towers, equipment, vehicles, and other fixed objects; changing weather and visibility; lift loading and unloading; collisions or contact with other participants, guests, or members of the public; falls, slips, and loss of control; altitude effects; wildlife and environmental conditions; remote or delayed access to medical care; equipment failure or misuse; decisions made by KSEF personnel and by me or others; and other hazards commonly associated with winter sports, outdoor activities, and athletic training. I understand that these and other risks may arise from my own actions or inactions, the actions or inactions of others, the condition of any premises or equipment, and the ordinary negligence of KSEF or any of the other Releasees (defined below). I voluntarily choose to participate in the Activities, and I accept full responsibility for any and all risks associated with the Activities, whether foreseen or unforeseen. I agree to follow all rules, instructions, and safety directions provided by KSEF and to use good judgment at all times for my own safety and the safety of others. 2. RELEASE, ASSUMPTION OF RISK, AND INDEMNITY In consideration for being permitted to participate in the Activities, I, for myself and for my heirs, executors, administrators, assigns, and anyone else who may claim on my behalf, agree as follows: (a) Assumption of Risk. In addition to the acknowledgment of risk above, I expressly and knowingly assume all risks of injury, illness, property damage, or death arising out of or related to my participation in the Activities, including risks arising from the ordinary negligence of KSEF, its officers, directors, employees, volunteers, contractors, agents, affiliates, sponsors, and related parties (collectively, the “Releasees”), to the fullest extent permitted by California law. (b) Release and Waiver of Liability. To the fullest extent permitted by California law, I hereby waive, release, and discharge the Releasees from any and all claims, demands, liabilities, actions, causes of action, damages, or losses of any kind (collectively, “Claims”) arising out of or related to any injury, death, or property damage that I may suffer in connection with the Activities, including Claims based on the ordinary negligence of any Releasee. This release is intended to be as broad and inclusive as permitted by California law. It does not apply to Claims based on gross negligence, reckless or willful misconduct, or intentional acts to the extent such Claims cannot be released under applicable law. (c) Indemnity and Hold Harmless. To the fullest extent permitted by law, I agree to indemnify, defend, and hold harmless the Releasees from and against any and all Claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) asserted by any third party arising out of or related to: (i) my acts or omissions in connection with the Activities; or
(ii) the acts or omissions of my minor child or ward (if applicable) in connection with the Activities; except to the extent such Claims are caused by the gross negligence or willful misconduct of a Releasee. 3. EQUIPMENT DAMAGE AND PERSONAL PROPERTY I understand that I am solely responsible for the care and security of my personal equipment and property (including, without limitation, skis, snowboards, boots, poles, helmets, clothing, electronic devices, and vehicles) during the Activities. I release and hold harmless the Releasees from any and all liability for loss, theft, or damage to my personal property or gear, regardless of cause, except to the extent caused by the gross negligence or willful misconduct of a Releasee. 4. MEDICAL TREATMENT I understand that KSEF does not provide medical or health insurance coverage for participants. I certify that I am physically able to participate in the Activities and that I have not been advised otherwise by a health care professional. In the event of a medical emergency, I authorize KSEF personnel or their designees to obtain or provide emergency medical treatment for me or my minor child/ward, including transport to a medical facility, and I consent to such treatment as may be deemed necessary in their reasonable judgment. I understand that no Releasee is obligated to provide medical care, and that any care provided may be by persons who are not medically trained. I understand and agree that I am solely responsible for all medical costs and expenses incurred as a result of any injury or illness arising out of or related to the Activities. 5. PHOTO, VIDEO, AND MEDIA RELEASE I grant KSEF and its representatives, agents, contractors, sponsors, successors, and assigns the irrevocable, worldwide, royalty-free right and license to photograph, film, record, or otherwise capture my (and, if applicable, my minor child’s/ward’s) name, image, likeness, voice, and appearance during the Activities, and to use, reproduce, modify, adapt, publish, display, distribute, and otherwise exploit such recordings or images, in whole or in part, in any and all media now known or hereafter developed, for any lawful purpose, including but not limited to promotion, marketing, education, and public relations. I waive any right to inspect or approve the finished product or any use of such media and waive any right to royalties or other compensation arising from or related to such use. 6. SEVERABILITY If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law. Any invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while most closely reflecting the parties’ original intent. 7. GOVERNING LAW AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-law rules. Any legal action or proceeding arising out of or relating to this Agreement or the Activities shall be brought exclusively in a state or federal court located in El Dorado County, California, and I hereby consent to the personal jurisdiction of such courts. 8. ENTIRE AGREEMENT; ELECTRONIC SIGNATURES This Agreement constitutes the entire understanding between me and KSEF regarding the subject matter described herein and supersedes any prior or contemporaneous agreements or representations, whether oral or written, relating to the Activities. This Agreement may not be modified or amended except in a writing signed by KSEF. A facsimile, scanned, or electronic signature shall be deemed to have the same effect as an original signature. I HAVE READ AND FULLY UNDERSTAND THIS AGREEMENT. I UNDERSTAND THAT BY SIGNING IT I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR ORDINARY NEGLIGENCE, TO THE FULLEST EXTENT PERMITTED BY LAW. I SIGN IT FREELY AND VOLUNTARILY. Date: October 12, 2027 |
