ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT

Transcription

1 Guest #: For Office Use Only ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT Please print clearly: Participant s First Name: Last Name: Address: City, State: Zip: Current Age: Date of Birth: Home Phone: 1. In consideration for and in connection with obtaining a CALI4NIA PASS, CALI4NIA PREMIUM PASS, JUNE MOUNTAIN PASS, BEAR+SUMMIT ANYTIME PASS, BEAR+SUMMIT MIDWEEK PASS, TAMARACK PASS, MOUNTAIN BIKE PARK ACCESS PASS and/or other pass or ticket product (collectively referred to herein as a PASS ), I hereby execute this Assumption of Risk, Release of Liability and Indemnification Agreement (the AGREEMENT ) on behalf of myself and any children or dependents identified herein (collectively, the RELEASORS ). 2. WHEN I ENGAGE IN SNOW SEASON ACTIVITIES, I ACKNOWLEDGE THAT PARTICIPATION IN THE SPORTS OF SKIING AND SNOWBOARDING CAN BE DANGEROUS AND INVOLVE THE RISK OF INJURY AND DEATH. I understand Skiing (Alpine and Nordic) and Snowboarding involve numerous risks including, but not limited to, the risks posed by variations in terrain and snow conditions, surface and subsurface snow conditions, icy or firm snow, unmarked obstacles, thin snow cover, bare spots, bumps, moguls, stumps, forest growth and debris, erosion control devices, rocks, cliffs, steep terrain, deep snow, avalanches and other hazards. I also understand Skiing and Snowboarding involve risks posed by loss of balance, loss of control, falling, sliding, collisions with other skiers or snowboarders and collisions with natural and man-made objects, including trees, rocks, fences, posts, lift towers, snow making equipment, snowmobiles and other over-snow vehicles; and carelessness and misjudgments on the part of participants and staff, including failure to follow company policies and procedures. I acknowledge that it is up to me and/or my child or dependent to have the physical dexterity and knowledge to safely load, ride and unload a lift, and that my child and/or dependent may use lifts without an adult present. I further agree that all of these risks and dangers are necessary to the sports of Skiing and Snowboarding. 3. WHEN I ENGAGE IN SUMMER SEASON ACTIVITIES, INCLUDING WITHOUT LIMITATION USE OF MOUNTAIN BIKE TRAILS, CLIMBING WALL, ZIPLINE, BUNGEE TRAMPOLINE, HIKING TRAILS, AND OTHER OUTDOOR ACTIVIES (COLLECTIVELY THE OUTDOOR ACTIVITIES ), I UNDERSTAND THAT PARTICIPATION IN THE OUTDOOR ACTIVITIES CAN BE DANGEROUS AND INVOLVE THE RISK OF INJURY AND DEATH. Further I recognize that there are risks, inherent and other, including, but not limited to: steep and narrow trails and roads; impacting manmade and natural obstacles and objects, or being impacted by such obstacles or objects; jumps and other features; terrain variations; vehicles; varying and adverse weather conditions; drowning in ponds or lakes; use of belaying equipment operated by myself or others; equipment failure, misuse, or malfunction; falling, slipping, jolting, jarring or shaking; carelessness and misjudgments on the part of participants and staff, including failure to follow company policies and procedures; high elevation; anxieties and fears associated with heights; encounters with plants, insects or animals, contact with other participants or their personal property; dizziness, fatigue, breaks, sprains, strains, bruises and other contusions; and property damage. I acknowledge that it is up to me and/or my child or dependent to have the physical dexterity and knowledge to safely load, ride and unload a lift, and that my child and/or dependent may use lifts without an adult present. I further agree that all of these risks and dangers are necessary to the Outdoor Activities. 4. Despite the risks and dangers involved, and as consideration for being allowed to participate in Skiing, Snowboarding, and/or Outdoor Activities (collectively, the SPORTS ) through the purchase of a PASS, on behalf of all of the RELEASORS, I AGREE TO EXPRESSLY ASSUME ANY AND ALL RISK OF INJURY OR DEATH which might be associated with the RELEASORS participation in the SPORTS, and/or with the use of the facilities of Mammoth Mountain, June Mountain, Snow Summit, Bear Mountain, and/or Tamarack Cross Country Ski Center, including, but not limited to, the use of buildings and premises, terrain parks and features, chairlifts and other conveyances, rental equipment, instruction, racing, special events, search and/or rescue, and skiing, snowboarding, riding or otherwise traveling beyond the boundary (collectively the USE OF THE FACILITIES ). 5. I AGREE NEVER TO SUE, AND TO RELEASE FROM LIABILITY, Mammoth Mountain Ski Area, LLC, Snow Summit, LLC, the United States of America, Department of Agriculture, Forest Service, and all of their respective affiliates, subsidiaries, insurance companies, successors in interest, agents, employees, representatives, assignees, officers, directors and shareholders (collectively referred to as MAMMOTH ) for any property damage, injury or loss, including death, which arises in whole or in part out of my and/or my child or dependent s participation in the SPORTS or USE OF THE FACILITIES, including without limitation those claims based on MAMMOTH S alleged or actual NEGLIGENCE, BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED WARRANTY. 6. I acknowledge that this AGREEMENT will prevent the RELEASORS from filing suit or making any claim for damages in the event of injury or death arising from the RELEASORS participation in the SPORTS or USE OF THE FACILITIES. I UNDERSTAND THIS IS A RELEASE OF LIABILITY AND AGREE THAT IT IS VALID FOREVER, and will apply

2 whenever the RELEASORS participate in the SPORTS or engage in USE OF THE FACILITIES. I understand and agree that each time I use my PASS, or anyone for whom I have executed this agreement uses his or her PASS, that use will constitute a renewal and reaffirmation of my and the user s acceptance of this AGREEMENT. FURTHER, I UNDERSTAND AND AGREE THAT IF I RENEW OR PURCHASE A PASS FOR MYSELF OR FOR MY CHILD AT ANY POINT IN THE FUTURE, THIS SIGNED AGREEMENT WILL BE VALID AND BINDING UPON ME AND/OR MY CHILD. 7. In the event any of the RELEASORS or any of their legal representatives file a claim or a lawsuit arising out of any of the RELEASOR S participation in the SPORTS or the USE OF THE FACILITIES, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MAMMOTH from and against any damages, attorney s fees or costs arising out of such a claim or a lawsuit. Additionally, I AGREE that this AGREEMENT will be immediately admissible into evidence in response to any claim or lawsuit filed by RELEASORS or on RELEASORS behalf. 8. I AGREE that if MAMMOTH Management believes that my behavior or conduct is inappropriate or unsafe, they have the right to suspend or revoke my PASS without my having any right of refund or reimbursement. 9. I AGREE that the PASS is non-assignable, non-refundable and cannot be transferred to another person or time period beyond the terms of the PASS. There are no exceptions, other than those available if Pass Protection is separately purchased. Use of my PASS by anyone other than me shall constitute fraud and will result in the immediate loss of all related privileges without compensation and may result in criminal prosecution. 10. I AGREE that if I travel beyond a resort boundary, I assume all risks associated with backcountry travel, including the risk of avalanches. I AGREE that I may be charged for any rescue, if available, beyond a resort boundary. 11. I AGREE to read and follow each and every rule stated in Your Responsibility Code, Cross Country Responsibility Code, Freestyle Terrain Users Responsibilities, and sections 602(r) and 653i of the California Penal Code, as applicable. 12. I AGREE to grant to MAMMOTH and its advertising and promotion agencies the right to use and publish worldwide and in perpetuity, in any and all forms of media now known or hereafter devised, including without limitation online and in social media, without approval or compensation, my image and/or performance captured at any MAMMOTH-operated location. I further AGREE that personal information submitted to MAMMOTH, including name, mailing address, phone number, and address, may be collected, processed, stored and used by MAMMOTH for the purposes of marketing MAMMOTH s products and services to me, including contacting me by and/or by telephone, including via automated pre-recorded message, to the extent permitted by law. All personal information collected is subject to MAMMOTH S Privacy Policy, available at which includes opt-out procedures. 13. In executing this AGREEMENT, I declare under penalty of perjury under the laws of the State of California that I am doing so only for myself and/or on behalf of persons for whom I have authority to execute. In the event that I execute this AGREEMENT on behalf of another person, and in the event that the other person brings a claim against MAMMOTH, I AGREE to defend, indemnify and hold harmless MAMMOTH as fully set forth in Paragraph 7 above. 14. I ACKNOWLEDGE that this AGREEMENT is binding upon me and/or any person on behalf of whom I am executing, my heirs, 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 action arising under this AGREEMENT will be brought in the Superior Court of Mono County, State of California. This AGREEMENT will be subject to and interpreted under the laws of the State of California. THIS IS A BINDING AGREEMENT DO NOT SIGN IT UNLESS YOU AGREE TO BE BOUND BY ITS TERMS Signature of Participant Participants under the age of 18 years are required to have at least one parent or legal guardian read and sign. Date Print Name of Parent/Legal Guardian Signature of Parent or Legal Guardian Relation Date

3 SNOW SUMMIT RACE TEAM Release of Liability and Indemnity Agreement Please Print Athlete s First and Last Name: Age: I acknowledge that my child s participation in the Snow Summit Race Team (the SSRT ) will include a number of activities, both recreational and instructive, that can be HAZARDOUS, including activities both on snow and off snow. These activities are too numerous to list, but include, without limitations, the activities listed on the reverse of this page (collectively, the Sports and Activities ). I have made a voluntary choice for my child to participate in the Sports and the Activities despite the risks presented. In consideration for my child being permitted to join the SSRT or participate in any program it conducts, I agree on behalf of my child and on my own behalf to ASSUME ANY AND ALL RISKS OF INJURY OR DEATH which might be associated with or result from his/her participation in the Sports and the Activities at Snow Summit Ski Resort, Bear Mountain Ski Resort, or any other place where racing, instruction, or related activities may occur. I understand this release is intended to cover all recreational, instructional, and related activities in which my child may participate as a member of SSRT. I understand that participation in the Sport and the Activities involves on-snow risks which are too numerous to spell out, but include, without limitation, variations in terrain and snow conditions, surface and subsurface snow conditions, bare spots, bumps, forest growth, erosion control devices, rocks, cliffs, avalanches and all other slope hazards and obstacles. I also understand that participation in the Sport and the Activities involves off-snow risks which are too numerous to spell out, but include, without limitation, variations in road surfaces, vehicles, pedestrians, other athletes, equipment failure, drowning, etc.. I also understand that participation in the Sport and the Activities involves risks posed by loss of control, collisions with others and collisions with natural and man-made objects, including trees, rocks, fences, lift towers, snow making equipment, over-snow vehicles, and vehicles. Other risks include the risks associated with loading, riding, and unloading ski lifts and using terrain parks, half pipes, rails and other features, using mountain transportation, walking in lodges and parking lots, traveling in the mountains and beyond the ski area boundary, and participating in lessons, races and special events (collectively, Use of the Facilities ). I also understand that no helmet or protective gear can protect the user from all impacts or injury. I understand that my child may engage in inverted maneuvers both on and off-snow. I understand that my child, other members of SSRT, and/or other ski teams will be doing a lot of free skiing and other activities during their lunch, after their release time, during races, and at many other times. During ANY TIME that my child is not with the SSRT coaches, I understand and agree that he/she is no longer under SSRT s direct supervision and becomes independent from the SSRT. During such times, he/she is still under the rules and regulations of the Ski Area and this Agreement, and is reminded to act in a safe and controlled manner. In consideration for my child receiving a complimentary lift pass and for being permitted to participate with SSRT in the Sport and the Activities, I AGREE TO RELEASE FROM ANY LEGAL LIABILITY AND AGREE NEVER TO SUE Snow Summit, LLC, Big Bear Ski Educational Foundation, the United States of America, Department of Agriculture, United States Forest Service, special event organizers, sponsors, and all of their successors, heirs, assigns, directors, officers, partners, investors, shareholders, members, agents, employees, owners, landowners, parent and subsidiary companies, affiliated companies, and any other ski areas or participating facilities where events take place (collectively, Summit ) for any damage, injury or death to my child or to any other person or property, for injury or death resulting from my child s participation in the Sport and the Activities or Use of the Facilities, regardless of the cause, including the alleged NEGLIGENCE of Summit. I further AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Summit for any claims, lawsuits, damages, attorney fees, costs, or judgments arising out of my child s participation in the Sport and the Activities or Use of the Facilities. I UNDERSTAND THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER, and will apply whenever my child participates in the Sport and the Activities associated with SSRT. I understand that this RELEASE OF LIABILITY will prevent me, my child, or my heirs from filing suit or making any claim for damages in the event of injury or death to my child. Additionally, in the event I file or my child or my legal representative files a claim or a lawsuit related to my child s participation with SSRT, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Summit for any damages, attorney s fees, and costs arising out of such a claim or lawsuit. With a full understanding of this Agreement, I nevertheless enter into it freely and voluntarily and agree that it is binding upon me, my child, my heirs, assigns and legal representatives. I understand and agree that this Agreement is severable and that if any clause is found to be invalid, the balance of the contract will remain in effect and will be valid and enforceable. I agree that any action related to this Agreement will be brought in the County of Mono, State of California, or alternatively, in a court of competent jurisdiction in the State of California. Any disputes will be subject to and determined under the laws of the State of California. SIGNATURE OF PARTICIPANT: DATE: Parent/Guardian: Participants under the age of 18 years are required to have a parent or legal guardian read and sign. I represent and warrant that I am the parent and/or legal guardian of the minor(s) listed above. PRINT NAME OF PARENT/LEGAL GUARDIAN: RELATION: SIGNATURE: DATE: THIS IS A RELEASE OF LIABILITY DO NOT SIGN UNLESS YOU AGREE TO BE BOUND BY ITS TERMS rev. 07/16

4 Snow Summit Race Team Release of Liability and Indemnity Agreement EXAMPLES OF SSRT SPORTS AND ACTIVITIES (This list contains examples and is provided by way of example and without limitation) On-Snow Sports and Activities: Alpine Skiing Nordic Skiing Snowboarding Sledding / Tobogganing / Tubing High Speed Skiing Jumping (natural and man-made features) Steep Terrain Off-piste Terrain Gate Training One Ski Skiing Telemark Skiing Being Towed by Snowmobiles Snowcat Skiing Off-Snow Sports and Activities: Trampoline Training Roller Skiing Roller Blading or Skateboarding Running, including Trail Running Road and Mountain Biking Plyometrics Water Activities (including swimming, rafting, canoeing, kayaking, and paddle boarding) Camping, Hiking and Backpacking Equestrian Activities Exercise Classes and use of Exercise Equipment Weightlifting Yoga Stretching Trail Work (Forest Stewardship) Competitive Events Rock Climbing and Bouldering Foam Pits Airbags Ziplines and Bungee Trampolines Rope Climbing THIS IS A RELEASE OF LIABILITY DO NOT SIGN UNLESS YOU AGREE TO BE BOUND BY ITS TERMS rev. 07/16

5 BIG BEAR SKI EDUCATIONAL FOUNDATION SSRT Multi-Purpose Release Voluntary Release, Waiver and Indemnity Agreement for team members, family members, volunteers, sponsors, and non-team member participants The purpose of this Release is to have all signers release both Snow Summit, LLC and the Foundation from any liabilities or claims that may arise from your racer s participation in Foundation activities. For that reason, all racers and their family members need to understand and sign this Agreement. As everyone knows, skiing, ski racing, and all associated outdoor activities are inherently dangerous. Knowing this, the undersigned still agree to sign this Release in exchange for being allowed to participate in Foundation activities and to enter upon Snow Summit Resort properties. The undersigned also agree to exercise their best judgment and attention to the safety of themselves and others around them (including being responsible to observe and maintain safe conditions of all equipment) to prevent injuries and property damage to the best of their abilities, given the extreme alpine conditions that are frequently encountered during Foundation activities. Application is hereby made for the undersigned, all family members, and the minor children, volunteers, sponsors and participants (including team members and non-team members) designated below ( Releasors ) to participate in the activities of Big Bear Ski Educational Foundation, a California Non-Profit Corporation ( Foundation ), including but not limited to fund raising, family race work as credit for work-off requirements, on-site and off-site area preparation, transportation, team travel, conducting ski races, all practice and site clean-up, and all other activities, such as physical conditioning, hiking, mountain biking, in-line skating, etc., involving the Foundation. This Release will also apply when the undersigned act as volunteers, sponsors, spectators, and supporters, of all Foundation activities, including on-site and off-site at any location, such as Foundation members homes, restaurants, other meeting places, and specifically Big Bear Mountain and Snow Summit Mountain Resorts, owned by Snow Summit, L.L.C. ( SS ). The Foundation and SS are together hereinafter referred to as Releasees. In consideration of and as an express condition of being permitted to participate in any or all of the Foundation s activities, with other parents, volunteers, SS employees, and supporters of the Foundation assisting in the activities of the Foundation and allowing the use of their respective premises, facilities and vehicles in furtherance of the Foundation s activities, Releasors, on their behalf and on behalf of each of the designated minor children herein, as well as on behalf of each and every respective representative, heir, and assign hereby FOREVER RELEASE AND DISCHARGE the Foundation, SS, and their respective employees, officers, directors, members, agents, vendors, sub-contractors, and affiliated entities, all other Foundation members and the volunteers and supporters who assist the Foundation in its various activities ( Releasees ) from any and all liabilities, claims, demands, losses, or causes of action that Releasors or said designated minor children may have for ANY INJURIES OR DAMAGES arising out of or occurring in connection with activities, participation, transportation, lodging, to any Foundation activities, INCLUDING BUT NOT LIMITED TO LOSSES CAUSED BY THE NEGLIGENCE OF RELEASEES. Releasors and said designated minor children understand and acknowledge that the Foundation s racing and training programs and related activities in general, and particularly athletic competition and training, have dangers and risks that no amount of care, caution, instruction or expertise can eliminate. RELEASORS AND SAID DESIGNATED MINOR CHILDREN EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH, PERSONAL INJURY OR PROPERTY DAMAGE SUSTAINED WHILE PARTICIPATING IN THE SKI TEAM PROGRAM AND RELATED ACTIVITIES OF ANY TYPE, OR BEING TRANSPORTED BY ANY FOUNDATION MEMBER, VOLUNTEER OR SUPPORTER, TO ANY FOUNDATION PROGRAM OR ACTIVITIES OF ANY TYPE AND HOWSOEVER ANY INJURY, LOSS OR DAMAGE MAY BE CAUSED, INCLUDING BUT NOT LIMITED TO LOSSES CAUSED BY THE NEGLIGENCE OF RELEASEES.

6 As a further express condition of being permitted to participate in the Foundation ski team program, Releasors hereby agree for themselves and said designated minors, and for all respective heirs, assigns and representatives NOT TO SUE RELEASEES, and not to initiate or assist the prosecution of any claim for damages or cause of action which Releasors or all respective heirs, assigns or representatives may have by reason of suffering any personal injury, death or damage or destruction of personal property arising from the activities contemplated herein. Releasors agree for themselves and said designated minor children and for said respective heirs, representatives and assigns to INDEMNIFY AND HOLD RELEASEES HARMLESS from any and all losses, claims, actions, causes of action, or proceedings of any kind which may be initiated by or on behalf of Releasors or by any other person or organization, including demands for damages, judgments, costs, loss of services, or expenses arising from the activities contemplated by this Agreement, including but not limited to reasonable attorney fees incurred by the Releasees herein. RELEASORS HAVE DETERMINED that all equipment used by the people listed below in the Foundation programs or related activities is adequate, safe, and appropriate for use in all Foundation programs and activities. The people listed below also understand and agree that Releasees are not responsible for evaluating the appropriateness, condition, or safety of any equipment or portion thereof. As an EXPRESS CONDITION of permission to participate in the Foundation s competition and training programs, the people listed below represent that there are NO MEDICAL CONDITONS which would prevent said people from participating in those or other physical activities. On behalf of the person(s) named below who are minors, the undersigned parental guardians agree for said minor(s) and for themselves to be bound by all terms and conditions of the foregoing Agreement, including to INDEMNIFY, AND HOLD RELEASEES HARMLESS as set forth above. Releasors understand and agree that this Agreement is intended to be as broad and inclusive as is permitted by law. If any portion or paragraph is held invalid, the balance shall continue in full legal force and effect. Signature of Participant: Signature of Parent/Legal Guardian if Participant is a minor: Relation: Date:

7 PARENT CONSENT FOR TREATMENT OF MINOR We, the undersigned, parents of, a minor, do hereby consent to any X-ray examination, anesthetic, medical or surgical diagnosis, or treatment, and hospital service that may be rendered to said minor, under the general, specific or special instructions of any physician, whether such diagnosis or treatment is rendered at the office of said physician, or at a hospital licensed by the state. It is understood that this consent is given in advance of any specific diagnosis or treatment being required, but it is given to encourage those persons who have temporary custody of my child or children and said physician to exercise their best judgment as to the requirements of such diagnosis or medical or surgical treatment. This consent shall remain effective through October 30, I further agree to be responsible for payment of medical expense incurred under this consent. Insurance carried by: Policy number: Group number: Authorization phone number: Parent Signatures: Father or Legal Guardian Mother or Legal Guardian