MINOR LIABILITY RELEASEThe minor named below (“Minor”) is under the age of 18 and desires access to and the use of a system of huts (the “Hut System”) owned and operated by Summit Huts Association (“SHA” or “Owner”). The undersigned parent or legal guardian (“Parent/Guardian”, “I” or “me”), for and on behalf of Parent/Guardian and Minor, in consideration for being permitted by the Owner to access and use the Hut System for the limited purposes described herein and for the days, times and locations agreed to by the Owner, and in recognition of the Owner’s reliance hereon, I agree to all the terms and conditions set forth in this Waiver, Release of Liability and Assumption of Risk (the “Release”). I. Assumption of Risk. a. I acknowledge and agree that wilderness travel to, from, and in between the huts in the Hut System (the “Huts”) and use of high mountain huts is a potentially dangerous activity and involves inherent risks, hazards, and dangers that cannot be eliminated, particularly in a wilderness environment in mountainous terrain at, near, or above tree line. b. I understand and acknowledge that Minor must be accompanied by an adult at all times that Minor is accessing or using the Huts or Hut System. c. I acknowledge that it is my obligation to ensure that Minor selects the route that is appropriate for Minor to travel to, from and between the Huts, which may be across public or private property, including without limitation the choice to use suggested routes. d. I, for and on behalf of myself and Minor, understand and acknowledge that these risks, hazards, and dangers include without limitation: i. Risks arising from traveling in areas that are not patrolled, where terrain, property, and trail and weather conditions vary, are unpredictable and change, where objects are not marked and hazards may not be visible, and where slopes, roads and trails are not groomed, maintained, or controlled, where weather is changeable and unpredictable and where rockslides, snow slides, falling timber, avalanches, and other dangerous natural occurrences occur; ii. Risks involved in decision making and route finding in a wilderness environment in mountainous terrain and risks of getting lost and of not reaching a Hut; iii. Risks associated with dangerous ground conditions; uneven and/or unstable surface grades; variations in steepness, surface conditions, and consistency of terrain; iv. Risks arising from any activities, including without limitation, travel, and overnight stays, at altitudes ranging from 8,000 feet to 11,700 feet or more above sea level including without limitation, acute mountain sickness, high altitude cerebral edema, high altitude pulmonary edema, and other effects of altitude and altitude-related sickness; v. Risks arising from the use of remote, simple Huts with no communication systems to allow communication with search and rescue and which are located in a wilderness environment in mountainous terrain where the functionality of any user-owned or -operated communication technologies (including, without limitation, cell phones) is limited or nonexistent; vi. Risks related to the unpredictable behavior of other persons accessing the Hut System; vii. Risks arising from unpredictable, unsafe, or dangerous animals, including but not limited to mountain lions, bears, moose, coyotes, elk, deer, bighorn sheep, skunks, spiders, and snakes; viii. Risks inherent to the use and occupation of high mountain huts overnight without running water or electricity; and ix. Other risks, hazards and dangers that are integral to wilderness travel and outdoor activities, such as skiing, snowboarding, snowshoeing, hiking, horseback riding, bicycling, and motorized vehicle travel in a wilderness environment and mountainous terrain. e. I have read and understand, and I have advised Minor of, the information provided by SHA, whether directly or through the applicable group leader or other third party, concerning the use of the Hut System. I acknowledge that SHA has been available to further explain the risks, hazards, and dangers of travel to and from, and use of, the Huts. I understand that use of and travel to the Hut System in a wilderness environment in mountainous terrain and on routes chosen may require good physical conditioning and a degree of skill and knowledge. I, for and on behalf of myself and Minor, understand that Minor has responsibilities as a backcountry user and traveler. I ACKNOWLEDGE THAT I am VOLUNTARILY permitting Minor to USe AND ACCESS THE HUT SYSTEM WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS AND DANGERS INVOLVED AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS for myself and Minor OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, PROPERTY DAMAGE, FINANCIAL LOSS, AND/OR DEATH. I REPRESENT THAT I UNDERSTAND THESE RISKS AND THAT I Minor is QUALIFIED AND PROPERLY EQUIPPED TO USE THE HUT SYSTEM. I ACKNOWLEDGE AND UNDERSTAND THAT ANY INJURIES SUSTAINED MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF SHA. II. Waiver; Release; Indemnification. a. I, for and on behalf of myself, Minor, and each of our respective successors, executors and subrogors, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS SHA and its directors, officers, managers, agents, employees, volunteers, members, affiliates, Property Owners (defined below), successors, and assigns (collectively, the “Releasees”) from and against any and all claims, actions, causes of action, liabilities, suits, demands, costs and expenses (including reasonable attorneys’ fees) (collectively, “Claims”), whether foreseen or unforeseen, on account of injury, disability, death, property damage, or financial loss arising out of, relating to, or attributable to Minor’s traveling to, from or between Huts in the Hut System or use of the Hut System, or the use of SHA’s information services, regardless of whether arising out of the ordinary negligence of SHA or any other Releasees or otherwise. This release is intended to be a comprehensive release of liability but is not intended to assert defenses that are prohibited by law. b. I, for and on behalf of myself, Minor, and each of our respective personal representatives, heirs, next-of-kin, spouse, successors, assigns, executors, and subrogors, further agree not to sue SHA or any Releasee as a result of any injury, disability, property damage, financial loss, and/or death arising out of, relating to, or attributable to Minor’s use of the Hut System or the traveling and skiing to, from, and between the Huts, whether arising out of the ordinary negligence SHA or any other Releasees or otherwise. I acknowledge that access through and across private property has been granted by permission of the owners of all property used, by easement or otherwise, to access and/or use the Hut System (the “Property Owners”) consistent with the Colorado Recreational Use Statute, C.R.S. §§ 33-41-101, et seq., as it may be amended from time to time. III. This Release may not be amended or supplemented except by written agreement of both SHA and Parent/Guardian. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction). A signature provided by facsimile or other electronic means shall be binding and effective to the same extent as an original signature. TERMS & CONDITIONSCancellation Policy Reservations cancelled 31 days or more prior to arrival date will receive an 80% refund to the original form of payment. Reservations cancelled between 30 days and 11 days prior to arrival date will receive a 50% refund to the original form of payment. Reservations cancelled 10 days or fewer prior to arrival date are not eligible for a refund. You may cancel individual beds in your reservation by calling our office. For example, if you have 10 beds reserved you can call and cancel just two beds and retain eight. Check In / Check Out The check in time is 2:00pm on your day of arrival. Check out is 11:00am on the day of your departure. Guests must remove all of their items from the cabin, decks and hut area (200ft) by 11:00am. For example, do not leave packs and gear on the deck to go ski after you have checked out. Please leave those items in the woods away from the cabin. Multi-Party Occupancy Our cabins may be booked by multiple parties. You may be sharing the cabin, kitchen, bathrooms, sauna and bedrooms with other groups. Guests work out sleeping configurations - beds are not assigned. Each cabin has separate Hutmasters Quarters that may also be occupied. Even if you have booked the entire cabin a Hutmaster may be onsite.
Registered Guests Cabin occupancy is for registered guests only. Maximum occupancy cannot be exceeded. Every person in the cabin must book a bed including infants and children, regardless of age. Children ages 15 and under receive a 50% discount and do not pay the Vail Pass Winter Recreation Area Fee (Janet’s Cabin). Please contact our office for information.
Dogs and Other Animals Dogs and other animals are not permitted within 200’ of the cabin. Service animals are evaluated on a case by case basis and must follow our strict guidelines. You must contact Summit Huts directly for authorization to bring a service animal and we will provide you the required paperwork. Quiet Hours To respect other guests, quiet hours are from 10:00pm to 6:00am.
Outside Fires Outside fires are not permitted at any cabin in any season. Fires may only be burned in the cabin wood stoves and sauna wood stoves. No exceptions.
Snow Forts and Structures The building of snow forts, structures, and sculptures is permitted. Anything built must be deconstructed before check out. It is your responsibility and you are required to take these down.
Trash and Other Items Guests must pack out all of their trash and any other items brought in. Do not leave condiments, food, games or any other items you brought in. If you brought it in, you need to take it out. Parking Overnight parking is specifically defined for each cabin. Parking outside of the designated areas is not permitted. Summit Huts is not responsible for damage or theft of vehicles.
Emergencies In case of an emergency, please call 911. Help will be dispatched to Summit County Rescue Group and/or Summit County Sheriff’s Office. |
