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Sierra Educational Foundation (SEF) Community Skier Cross / Boarder Cross

ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT


THIS IS A RELEASE OF LIABILITY — DO NOT SIGN IT UNLESS YOU AGREE TO BE BOUND BY ITS TERMS

The Sierra Educational Foundation requires the acceptance of this agreement by or on behalf of the above-named Participant(s) as a condition of and as consideration for participation in our March 16, 2024 Community Skier Cross / Boarder Cross at Sierra at Tahoe.

Definitions: “SEF” means the Sierra Educational Foundation, and its members, volunteers, employees, contractors, directors, officers and agents, and the members of its race and event organizing committees and event judges constituted from time to time for various events and competitions. “SAT” means the Sierra at Tahoe ski resort, and its employees, managers, officers and agents. “I,” “me” and “my” mean the above-named Participant(s) and any Parent/Guardian signing for Participant(s). “Event” means the SEF Community Skier Cross / Boarder Cross occurring at SAT on March 16, 2024. “Event Facilities” include, but is not limited to, any natural or manmade features created and used in SAT Terrain Parks and the Event course, including rails, boxes, pipes, and beams, as well as any, buildings, enclosures, gathering locations, and ski lifts operated by SAT. “Released Parties” means SEF and SAT, and their respective directors, trustees, officers, members, managers, owners, employees, agents, representatives, volunteers, and contractors and each of their respective heirs, successors and assigns. I understand that SEF operates the Event and other activities at SAT, under an agreement between SEF and SAT.

This agreement applies to all activities related to the Event. Please read carefully as this is a legally binding agreement.

Agreement:

1. I understand that my participation in the Event can be DANGEROUS AND INVOLVE THE RISKS OF INJURY AND DEATH. The Event includes, but is not limited to, skiing, snowboarding, ski skating, ski racing, snowboard racing, skier cross courses, boarder cross courses, terrain parks, terrain park features, including boxes, rails and pipes, balance, agility and other snow sport related activities.

2. I certify I am physically fit and have no medication conditions/allergies that affect my ability to participate in the Event.



3. I understand that I must wear a helmet at all times while practicing, training, and/or competing in the Event.



4. I understand that skiing, snowboarding, ski skating, ski racing, snowboard racing, skier cross, boarder cross and rail jams involve numerous risks including, but not limited to, the risks posed by changes in terrain and snow conditions; surface and subsurface snow conditions; icy, firm, or hard snow; unmarked hazards and obstacles; thin snow cover; bare spots; bumps; moguls; stumps; forest growth and debris; creeks and gullies; erosion control devices; rocks; cliffs; steep terrain; deep snow; avalanches and avalanche debris; and other hazards, whether the risks are obvious or not. I also understand that the Event involves risks posed by loss of balance; loss of control; falling; twisting; bending; sliding; and collisions with ground, trees, rocks, Page fences, rail jam features, skier cross / boarder cross course features, finish posts, timing equipment, terrain features (natural or man-made), other participants and/or spectators, lift towers, snowmaking or snow-grooming equipment and their components, snowmobiles and other over snow vehicles, and all manmade or natural obstacles (padded or not) whether they are obvious or not. I further agree that my equipment must be in good condition, but even so it poses risks to me if it develops problems during use. I understand that falls are common while participating in the Event and while using Event Facilities. Minor injuries can become life threatening when they occur far away from rescue personnel or when alone. I understand that it may take a significant amount of time for rescue personnel to locate and reach an injured person. In addition to the risks mentioned above, the inherent risks of skiing, snowboarding, ski skating, ski racing, snowboard racing, skier cross, boarder cross, and rail jams include those dangers and conditions which are an integral part of the sport of skiing, snowboarding, ski skating, ski racing, snowboard racing, skier cross, snowboarder cross, and rail jams, whether natural, man-made, or man-modified, including, but not limited to, changing weather conditions, natural and man-made terrain features, variation or steepness of terrain and race course design, collisions with other skiers and racers, collisions with lift towers, structures and other obstacles, collisions with ski racing courses, snowboard racing courses, rail jam course or skier cross / boarder cross course features such as fencing, ropes, barriers and racing gates, equipment malfunctions, and a competitor’s failure to participate within the competitor’s own ability. Such inherent risks can result in personal bodily injury, including death and/or property damage.

5. Despite the risks involved in skiing, snowboarding, ski skating, ski racing, snowboard racing, skier cross, snowboarder cross, and rail jams, and as consideration for being allowed to participate in the Event, I AGREE TO ASSUME ANY AND ALL RISKS OF INJURY OR DEATH that might be associated with my participation in the Event and my use of any Event Facilities, features or programs owned, operated or provided by SEF and SAT.

6. I AGREE TO FOREVER RELEASE FROM LIABILITY, DISCHARGE, INDEMIFY, DEFEND, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DAMAGES, INJURY, OR DEATH, AND SUITS ARISING FROM MY PARTICIPATION IN THE EVENT OR USE OF THE EVENT FACILITIES, REGARDLESS OF CAUSE, INCLUDING NEGLIGENCE. I UNDERSTAND THAT RELEASED PARTIES ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF THEIR OWN NEGLIGENCE, THAT IS, THEIR FAILURE TO USE REASONABLE CARE IN ANYWAY,

7. I AGREE TO NEVER SUE THE RELEASED PARTIES FOR ANY DAMAGES, INFURY OR DEATH to me arising from my participation in the Event or use of the Event facilities, regardless of cause, including negligence of the Released Parties.

8. If I, my child, or any legal representative files a claim or a lawsuit arising out of my participation in the SEF Community Rail Jam or use of the related facilities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS the Released Parties for any damages, attorney’s fees, and other costs arising out of such claim or lawsuit.

9. The Released Parties routinely collect images, content and data for commercial purposes and patrons may be readily identifiable in these images, content or data. I grant non-exclusive permission to the Released Parties to use my likeness and my content for the purpose of publicity, public relations, social media sharing or other commercial purposes without compensation and without restriction as to frequency, geographic area or duration.

10. By signing this agreement, I represent and warrant to the Released Parties that I am doing so only for myself and/or on behalf of persons for whom I have proper legal authority as parent or guardian. If I execute this agreement on behalf of another person, I am acting as the agent for that person, and my signature confirms my permission and authority to sign on the other person’s behalf, and that this agreement is binding on that person. If the other person brings a claim or lawsuit against any Released Parties, I agree to defend, indemnify and hold harmless the Released Parties.

11. I agree that this entire agreement is binding on me, my child, and my heirs, successors, assigns and legal representatives. I acknowledge that this agreement is severable and that if any clause is found to be invalid, the offending clause will be stricken and the balance of the agreement will remain in effect and will be enforceable. I agree that any lawsuit arising from or related to this agreement, the Event, or use of the Event facilities must be brought only in an appropriate court of competent jurisdiction located in El Dorado County, CA as venue, and I consent to the jurisdiction of said court or courts. This agreement is subject to and interpreted under the laws of the State of California.

I have read and understand the contents of this agreement, agree to its terms, and sign it of my own free will.

THIS IS A RELEASE OF LIABILTY – DO NOT SIGN IT UNLESS YOU AGREE TO BE BOUND BY ITS TERMS


Today's Date: May 19, 2024

First Participant's Name

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

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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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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.
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 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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