SNOW PLAY AND TUBING TERMS OF USE Please read carefully and initial each section. 1.Proper wristband is to be worn for entry. 2.Children under 12 are required to have supervision at all times. 3.No snowball throwing. 4.No food or drink is permitted on tubes or sleds. 5.Show respect to other snow play area patrons, as well as Baldy Crew members, at all times. 6.Sleds and tubes are only permitted in designated areas. 7.Body sliding is permitted in designated areas only. 8.Only equipment provided by Mt Baldy is permitted in the Snow Play Park. 9.No two people taller than 52" can ride together on tubes or sleds. 10.Children tube riders between 40" - 51" must be accompanied by an adult. 11.All tubing riders must be assisted by a Baldy Crew member to ride a tube. 12. Obey all posted warnings and signs 13. Keep out of closed areas. 14. Riders must know the range of their ability and tube within their ability. 15. Riders must maintain control of the speed and direction of the tube or other device being used. 16. Riders must assess the difficulty of the terrain. 17. Riders must comply with any limits on the number, age, or weight of passengers. 18. Riders must yield to other individuals engaged in tubing who are ahead/downhill on the slope. 19. Riders must look uphill and yield to oncoming tubes at the end of a run. SKI LIFT TERMS OF USE (In addition to items listed under Snow Play and Tubing Terms of Use.) Please read carefully and initial each section. 1.Annual Pass, Ticket, or Wristband must be worn at all times on all lifts. 2.No more than two riders per chair. 3.All riders must remain seated at all times. No swinging or bouncing the chair. 4.Lap seating is not permitted. 5.No swinging, bouncing the chair, or horse play are permitted. 6.All passengers must be at least 40” tall. 7.Children less than 48” tall must ride with an adult. 8.All passengers must load and unload themselves. Lift does not stop (unless specifically requested to do so). 9.No drugs, alcohol or smoking on the lift. 10. Guests under the influence of any prescription drug, other drug, or alcohol that may affect alertness or consciousness may not ride the lift. 11. No animals of any kind are permitted on the lift 12. No unmanned aerial vehicles (drones) are permitted. 13. No sleds, strollers, ice chests, weapons, firearms, fireworks or other flammable items are permitted 14. Scenic riders are limited to one small bag that can be carried safely. 15. All packs and additional gear are subject to search. 16. When conditions allow, Alpine riders will be loaded with skis or snowboards only and must have functioning brakes or safety straps. 17. Only authorized personnel are permitted to carry ice axe, crampons, snowshoes or any other related item on the lifts. 18. Restraint bars provide a reference for your comfort only and do not hold guests in place. 19. Do not drop anything off the chair. Items CANNOT be retrieved. 20. Passengers shall be presumed to have sufficient ability, physical dexterity, and/or personal assistance to negotiate and to be evacuated from the aerial lift safely. 21. Passengers must be able to maintain seated posture for 30 min. 22. If you have heart or respiratory conditions, abnormal blood pressure, seizure disorders of any kind, or any medical condition that may be exacerbated by changes in the environment or altitude check with your physician before riding the chair lift. 23. Check with your physician, prior to riding the chair, if you have any condition that may alter your consciousness. 24. Check with your physician, prior to riding the chair, if you have back or neck disabilities or any injury or recent surgery. 25. Expectant mothers (pregnant) should check with your physician, prior to riding the chair. 26. The mountain climate and terrain present unique risks, including cliffs, ice, snow, falling objects, animals, insects, poisonous reptiles, scorpions. Weather can change from warm and calm to freezing rain and snow. Adequate clothing and gear appropriate for extreme conditions is the sole responsibility of the guest, participant, or passenger. 27. All persons are subject to California State Trespass Laws (602 PC). Obey all signs, ropes, restrictions & closures. 28. All guests must understand and follow staff instructions. 29. This chairlift does not use any restraint device. Persons with disabilities may face unique risks. Please check with your doctor before attempting to ride the lift. Please ask one of our team members prior to arrival at Mt Baldy Ski Lifts to confirm we may be able to accommodate persons with unique needs. EXPRESS ASSUMPTION OF RISK, RELEASE OF LIABILITY, INDEMNIFICATION AND COVENANT NOT TO SUE AGREEMENT In consideration for receipt of a Mt Baldy Ski Lifts Inc. Wristband, Ticket or Annual/Seasonal Pass and permission to participate in Activities at the Resort, I, on behalf of myself and/or as a parent or guardian of the minor child/children listed below, and our heirs and assigns, understand and agree to all of the definitions, terms and conditions in the Agreement: DEFINITIONS “Activities” means snow play, tubing, sledding, skiing, snowboarding, snow sliding, snowshoeing, the use of any snow sport devices, classes, lessons, races or competitions, hiking, biking, special events and the use of any Resort property or facilities, including, but not limited to, chairlifts and other conveyances, buildings and premises, food, beverage and retail locations, rental equipment, vehicles, sidewalks, stairways, trails and parking lots. “Agreement” means this “Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnification Agreement” and all definitions, terms and conditions in this Agreement. “Resort” means Mt Baldy Ski Lifts Inc. and its permit area. “Releasors” means the person signing this Agreement, as well as all persons on behalf of whom the person below is signing this Agreement. Any references to “I,” me,” “my,” or “myself” in this Agreement shall include all Releasors. “Releasees” means Mt Baldy Ski Lifts, Inc., the United States Department of Agriculture Forest Service, and any of their owners, parents, subsidiaries, successors, affiliates, officers, directors, shareholders, agents, employees, insurers, volunteers and representatives. 1. ASSUMPTION OF RISK. On behalf of myself and all Releasors, I understand, accept and agree that participation in the Activities at the Resort involves numerous HAZARDS AND RISKS, inherent and otherwise, including, but not limited to, slips, falls, ejections, variations in snow and terrain, ice and icy conditions, avalanches, moguls, rocks, trees, tree wells, extreme terrain/cliffs, forms of forest growth or debris, surface and subsurface conditions, extreme cold, high elevation, wildlife and animal encounters, falling trees and limbs, bare spots, lift towers, cables, utility lines, freestyle terrain park features, snowmaking and snow removal equipment and component parts, marked and unmarked natural and man-made features and obstacles, slick or uneven walking surfaces, collisions with other snow tubes, sleds, snow play equipment, man-made obstacles and equipment, natural objects, as well as with other riders, skiers, snowboarders, and/or other participants in Activities at the Resort, the use of chairlifts which may involve entanglement with equipment, objects or other persons, errors in loading and unloading and equipment malfunction or breakdown. With full knowledge of the risks involved, on behalf of myself and all Releasors, I AGREE TO VOLUNTARILY ACCEPT AND ASSUME ANY AND ALL RISKS arising from or related to participation in the Activities at the Resort, including, but not limited to, any and all RISKS OF PROPERTY DAMAGE, INJURY OR DEATH. 2. WAIVER OF CLAIMS, COVENANT NOT TO SUE AND INDEMNIFICATION. I AGREE on behalf of myself and all Releasors to forever WAIVE, RELEASE AND NEVER SUE the Releasees for any claims arising from or related to participation in Activities at the Resort, including, but not limited to, claims involving the alleged or actual NEGLIGENCE OF THE RELEASEES. I FURTHER AGREE, on behalf of myself and all Releasors, to forever INDEMNIFY, DEFEND AND HOLD THE RELEASEES HARMLESS from any and all claims, demands, actions, causes of action losses or liabilities arising from or related to participation in the Activities, including, without limitation, any losses, damages, injuries or death that may be sustained by me or the Releasors. I understand and agree that if any claim or lawsuit is brought on behalf of myself or the Releasors as a result of participation in the Activities, I shall be responsible for paying Releasees for all losses, attorney’s fees and costs incurred as a result of defending against such claim or lawsuit. 3. REVOCATION AND DURATION. I agree on behalf of myself and all Releasors that this Agreement CANNOT BE MODIFIED and shall remain in effect WITHOUT EXPIRATION unless revoked in writing by me AND an authorized signatory of Mt Baldy Ski Lifts, Inc., and that this Agreement SHALL APPLY FOREVER including each and every occasion that myself or any Releasor participates in Activities at the Resort in the future. 4. GOVERNING LAW. I agree on behalf of myself and Releasors that this Agreement is governed by California law, without regard to conflict of law principles, that this Agreement is intended to be as broad and inclusive as is permitted by California law, and that if any portion is held invalid, pursuant to California law, the balance shall continue in full legal force and effect.
5. JURISDICTION. I agree on behalf of myself and Releasors that any claims or lawsuits against Releasees, including, but not limited to, those arising from participation in Activities at the Resort and/or this Agreement, shall be filed in the exclusive jurisdiction of the Superior Court of the State of California for the County of San Bernardino. 6. AUTHORIZATION. I understand and agree that by executing this Agreement on behalf of any person other than myself, I am representing and warranting that I am legally authorized to execute this Agreement as the parent or legal guardian of that person and/or minor, or, that I have been given the express authority from that other person to execute this Agreement on his/her behalf. I understand and agree that if any person on whose behalf I have executed this Agreement refuses to accept or perform as required by this Agreement, that I shall be required to personally indemnify, defend and hold the Releasees harmless from any claims or lawsuits brought by or on behalf of such persons. 7. MISCELLANEOUS. MEDIA. I agree on behalf of myself and any Releasors to grant Mt Baldy Ski Lifts, Inc. and their agents and employees the right to use and publish the images and/or performances in connection with participation in activities at the Resort in perpetuity in any and all forms of media including without limitation online and social media. BOUNDARIES. I will observe and obey posted signs. I will keep out of all “Closed Areas”. If I participate in Activities out of the ski area boundary, I assume all risks inherent in backcountry hiking/biking/skiing/boarding, including cost of Search and Rescue. I understand that violating any safety rule, will result in the immediate loss of all privileges and use of the facilities of Mt Baldy Ski Lifts (without compensation), and may also result in my violation of California Penal Code Section 602, and will thereby subject me not only to possible penalties of a $500 fine and 6 months in jail, but also any cost of Search and Rescue which may arise. I further understand that any person involved in a skiing/boarding accident who leaves the accident scene may be subject to a $1000 fine (P.C. Section 653(i) WRISTBANDS, TICKETS AND PASSES. I agree to present my Wristband, Ticket or Pass (collectively “Pass” or “Passes”) upon request. I agree to surrender my Pass if asked by any Mt Baldy Ski Lifts employee in uniform. I understand that Mt Baldy Ski Lifts Inc reserves the right to open/close lifts/terrain at its sole discretion for any reason and I am not entitled to any refund/consideration related to such closures. I agree that Passes are NON-TRANSFERABLE, and that fraudulent use or violation of any Mt Baldy Ski Lifts Inc policy, terms of use or any federal, state or local ordinances while on Mt Baldy Ski Lifts Inc leased property may result in Pass cancellation without refund and/or criminal or civil penalties. In the event my Pass is lost or stolen, I must immediately report it to the Ticket Office. Mt Baldy Ski Lifts Passes are not refundable under any circumstances, including but not limited to: no snow, didn’t like the snow we got, never used the Pass, injury, surgery, planned or unplanned pregnancy, broken bones, financial hardship, moving out of state, moving out of country, traveling, going to school, changed my mind, incarceration, better offer came along, sudden dislike for Mt Baldy Ski Lifts Inc or their staff, sickness, terminal illness, mental breakdown, divorce/break-up, death, or weather. | 