SKI AREA ACTIVITY, SEASON PASS, AND SKI SCHOOL
WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS.
1. The person who is participating in the Activities or purchasing a Season Ski Pass is “Participant.” I, the undersigned, am a Participant and/or, if the Participant under 18, I am the Participant’s parent or legal guardian. I agree that outdoor and indoor recreational activities, including skiing, snowboarding, ski school or instruction, racing, ski simulation, using freestyle or terrain park features, using rental recreational equipment, using any of the ski area facilities, including the lifts, for any purpose, and using any of the ancillary facilities (including the children’s center, nursery, and daycare facilities) (the “Activities”), can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. I acknowledge that the “Activities” also include family and adventure activities such as tubing, ice skating, sledding, zip-lining, challenge courses, rock climbing, alpine coasters and other four-season facilities.
2. I expressly ASSUME ALL RISKS associated with participation in the Activities, known or unknown, inherent or otherwise. I understand these risks include, but are not limited to: falling; slick or uneven surfaces; surface and subsurface snow conditions; avalanches; moguls, ice; variations in terrain; design and condition of man-made facilities, terrain features or race venues; instructions and terrain selection of an instructor; downed timber and other forest growth; tree stumps and wells; rocks and debris; marked and unmarked obstacles; collisions; equipment failure, malfunction or misuse; encounters with snowmobiles, snowcats and/or other motor vehicles; lift loading, unloading, and riding; exposure to adverse weather; limited access to and/or delay of medical attention; fatigue; dehydration; hypothermia; altitude sickness; and mental distress from exposure to any of the above.
3. Participant assumes the responsibility of maintaining control at all times while engaging in the Activities and is responsible for reading, understanding and complying with all signage and verbal instructions of ski area employees. Participant must have the physical dexterity and knowledge to safely load, ride and unload the lifts. I understand that a minor Participant may use the ski lifts without an adult present. Snowmobiles, snowcats, snowmaking, and/or snow-grooming equipment may be encountered at any time.
4. I understand that certain of the Activities involve additional unique risks or considerations as described below:
Equipment Rental: If Participant rents equipment through the Resort or one of its affiliates, I agree to accept the equipment rented “AS IS”, accept full responsibility for the care of the equipment during the rental period, and to be responsible for the replacement at full value of any equipment rented and not returned or returned in a damaged condition. I agree to accurately describe Participant’s height, weight, age and/or skiing/snowboarding ability level and that the person listed will be the only person using the equipment. I understand that in downhill skiing, the binding system will not release at all times or under all circumstances where release may prevent injury or death, nor is it possible to predict every situation in which it will release. I understand that the downhill ski binding system DOES NOT REDUCE THE RISK OF ANY TYPE OF INJURY TO PARTICIPANT. I understand that in snowboarding, cross-country skiing, snowshoeing and other sports utilizing equipment with non-release bindings, the binding system will not ordinarily release during use. I agree Participant has received and understands instructions regarding the use of the equipment and that the instructions are clear.
Childcare Facilities and Children’s Ski School: Parents entering their children into ski school, daycare, children’s centers or other child facilities agree and understand that risks also include, but are not limited to, risks associated with: interaction with other children also participating in the Activities, snow play, taking field trips by walking or by use of ski area or public transportation, and playing, eating and/or sleeping in a child care environment. I have been informed of and understand all rules and regulations of participation in the Activities.
Protective Helmets: Use of a protective helmet may be required for certain Activities. I understand that helmets do not guarantee safety and cannot prevent certain injuries. I recognize that helmets have limited capability as far as shock absorption and that serious injury or death can result from both low and high-energy impacts, even when a helmet is worn.
5. The description of the risks listed above is not complete and participating in the Activities may be dangerous and include risks which are inherent and/or which cannot be reasonably avoided without changing the nature of the Activities.
6. In further consideration for allowing the Participant to participate in the Activities, I AGREE TO HOLD HARMLESS, RELEASE, DEFEND AND INDEMNIFY Vail Resorts, Inc., The Vail Corporation d/b/a Vail Resorts Management Company (“VRMC”), Heavenly Valley, Limited Partnership, Trimont Land Company, Dundee Realty USA, LLC, VR CPC Holdings, Inc., VR US Holdings, Inc., their affiliated companies and subsidiaries, including but not limited to those that operate the Vail, Beaver Creek, Keystone, Breckenridge, Heavenly Mountain, Kirkwood, Northstar California, The Canyons, Park City, Afton Alps, Mt. Brighton and Arapahoe Basin ski resorts, the United States Forest Service, and all their respective insurance companies, successors in interest, commercial & corporate sponsors, affiliates, agents, employees, representatives, assignees, officers, directors, and shareholders (each a “Released Party”) for any property damage, injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activities, INCLUDING THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY. BY AGREEING NOT TO SUE, I AM RELEASING ANY RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST ANY RELEASED PARTY.
7. I agree to DEFEND AND INDEMNIFY each Released Party from any and all claims that I and/or a third party may bring, including attorneys’ fees, arising in whole or in part from Participant’s participation in the Activities or my obligations under this Agreement.
8. I AGREE THAT ANY AND ALL CLAIMS for loss, injury and/or death regarding an alleged incident SHALL BE GOVERNED BY THE LAW OF THE STATE WHERE THE ALLEGED INCIDENT OCCURRED and EXCLUSIVE JURISDICTION shall be in the state or federal court sitting in the district where the alleged incident occurred (except that all claims arising at Heavenly shall be governed by California law and exclusive jurisdiction shall be in a California court of competent jurisdiction).
9. I represent that Participant is in good health and that there are no special problems associated with Participant’s condition. I authorize a licensed physician or other medical care provider to carry out any emergency medical care for Participant which may be necessary and agree to be fully responsible for any costs associated with such care or transport to such care.
10. I acknowledge that I am signing this Agreement my own behalf and on behalf of the minor and that the minor will be bound by all the terms of this Agreement. By signing without a parent or legal guardian’s signature, I represent that I am at least 18 years of age. IF SIGNING ON BEHALF OF A MINOR, I REPRESENT THAT I AM THE LEGAL PARENT OR GUARDIAN OF THE PARTICIPANT. I AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, ARISING FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS AGREEMENT.
11. If you are buying a ski pass, the pass IS NOT TRANSFERABLE AND MAY NOT BE RESOLD. The pass may be confiscated and not re-issued if, in the sole judgment of the ski area operator, the pass holder: 1) acts in any manner that could endangers the safety of any person; 2) violates the law; 3) provides ski lessons or related services for compensation; or 4) engages in fraud, misconduct or creates a nuisance. Re-issued passes may be subject to a replacement fee. I agree to immediately notify the ski area operator and appropriate authorities if the holder’s pass is lost or stolen. Failure to notify the ski area of a stolen or lost pass may result in loss of skiing privileges.
12. This Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms remain enforceable. It is my intent that this Agreement is binding on my assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives. If the holder chooses to take part in any renewal or auto-renewal program, this Agreement will remain in effect for so long as the holder participates in such program.
13. Ski Passes are enabled with Radio Frequency (RF) Technology. RF Technology allows us to read RF passes at short range through jackets and clothing for convenience and ease of use. We use RF readers to authenticate lift passes and to determine customer presence at ski lift boarding zones.