Please read carefully, this is a Release of Liability & Waiver
of Legal Rights
1. I understand and accept that alpine skiing and snowboarding in its various
forms is a HAZARDOUS SPORT that has many dangers and risks. I realize that
injuries are a common and ordinary occurrence of this sport and that severe
injury, including death, is an inherent risk of skiing/snowboarding. I
expressly assume all risk associated with skiing and/or snowboarding including
without limitation, the risks and inherent dangers associated with
skiing/snowboarding and riding the lifts. These risks include, but are not
limited to, changes in terrain, weather and snow surfaces, changes in lighting
conditions, ice, moguls, bare spots, debris, fences, posts, trees, lift
equipment and towers, rope tows, light poles, signs, buildings, roads and
walkways, ramps, half-pipes, padded and non-padded barriers, jumps, rails,
boxes, and other terrain features, grooming equipment, snowmobiles, utility or
all-terrain vehicles, loading, riding and unloading lifts, collisions with
other persons, and other natural and man-made hazards and slips and falls on
ice and snow. I agree to follow, and be bound by, Your Responsibility Code.
2. In consideration of being allowed to use the area facilities and premises at
Wild Mountain, and specifically in exchange for the opportunity to participate
in the Snowsports School at Wild Mountain, I
agree to release Wild Mountain, and its agents, employees,
directors, officers and shareholders from
any and all liability for personal injury, death or property damage which
results in any way from negligence, conditions on or about the premises and
facilities, the operations, actions or omissions of employees or agents of the
area, or my participation in skiing, snowboarding or other activities at the
area, accepting myself the full responsibility for any and all such damage or
injury of any kind which may result.
3. In
the event that I am signing as a parent (or legal guardian) of a minor, I
represent that I have full authority to do so, realizing that this Release is
binding upon the minor as well as myself.
4. To the extent I am signing on behalf of a minor, I hereby release Wild Mountain from any
and all liability for personal injury, death or property damage sustained
by the minor which results in any way from negligence, conditions on or about
the premises and facilities, the operations, actions or omissions of employees
or agents of the area, or the minors participation in skiing, snowboarding or
other activities at the area, accepting myself the full responsibility for any
and all such damage or injury of any kind which may result.
5. I further agree to defend,
indemnify and hold harmless Wild Mountain from any and all
claims, demands, losses, damages and liabilities, contribution or otherwise
with respect to personal injury, death or property damage arising from my or a
minor on whose behalf I signed, participation in skiing, snowboarding or other
activities at Wild Mountain. I promise not to sue the Wild Mountain and further
agree that if anyone is physically injured or property is damaged while I am
engaged in any activity at Wild Mountain I will have no right to make a claim
or file a lawsuit against the Wild Mountain. I agree to defend and indemnify
the Wild Mountain for any and all claims, including subrogation and/or
derivative claims brought by any third party or insurer, which I may cause.
6. This Release of Liability is governed by the Laws of the State of Minnesota
and is intended to be interpreted as broadly as possible. If any part of this agreement
is determined to be unenforceable, all other parts shall be given full force
and effect.
I HAVE CAREFULLY READ THIS RELEASE OF
LIABILITY AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE
OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.
Parent/Guardian: If the
passholder is a minor, I verify that I have the authority to enter into this
agreement on behalf of the minor and I agree to be bound by all terms and
conditions of this agreement.
ACKNOWLEDGMENTS
AND AGREEMENTS OF PARENT/LEGAL GUARDIAN, CHAPERONE AND/OR AUTHORIZED AGENT
To the extent the undersigned is purchasing a pass on behalf of
one or more third-party participant(s), he/she represents that he/she is the
parent/legal guardian, chaperone, and or authorized agent, of all such
participant(s). The undersigned further agrees and acknowledges that he/she has
reviewed and explained this Agreement with and to all such third-party
participant(s).
Parent/
Legal Guardian: The undersigned understands the
entirety of this Agreement and permits the minor(s) for whom he/she is the
parent/legal guardian to participate with the intent that all terms and
conditions of this Agreement will be binding on the minor participant(s) and
that the terms of the Agreement apply to any claim or lawsuit arising out of
the participation by the minor(s) for whom he/she is the parent/legal guardian. The undersigned agrees to defend, indemnify, and
hold harmless Wild Mountain from any claim or lawsuit brought by or on behalf
of the minor(s) for whom he/she is the parent/legal guardian. Furthermore,
the undersigned agrees to release, indemnify, and hold harmless Wild Mountain
in a manner consistent with the terms and conditions set forth in this
Agreement.
Chaperone: The
undersigned agrees and acknowledges that he/she has discussed all of the terms
of this Agreement with the parent(s)/legal guardian(s) of the minor
participant(s) and has received express authority from the parent(s)/legal
guardian(s) to (a) review and explain this Agreement with and to the minor
participant(s); (b) sign this Agreement on behalf of the parent(s)/legal
guardian(s); and (c) bind the parent(s)/legal guardian(s) to defend and indemnify Wild Mountain from any
claim or lawsuit brought by or on behalf of the minor participant(s) and/or any
claim or lawsuit arising out of the minor's participation. The
undersigned also agrees that the parent(s)/legal guardian(s) of the minor
participant(s) has expressly agreed to release,
indemnify, and hold harmless Wild Mountain in a manner
consistent with the terms and conditions set forth in this Agreement.
The undersigned further agrees that if a claim or lawsuit is
brought by or on behalf of the minor participant(s) and/or arising out of the
minor's participation, and the minor's parent(s)/legal guardian(s) denies that
he/she/they gave the undersigned the express authority and/or made the
agreements identified in the previous paragraph, the undersigned agrees to defend and indemnify Wild Mountain in
the claim and/or lawsuit and to reimburse Wild Mountain for its legal costs and
fees, including reasonable attorneys' fees, in responding to or defending
against such claim and/or lawsuit.
Authorized
Agent: The undersigned agrees and acknowledges that he/she has
discussed all of the terms of this Agreement with the adult participant(s) and
has received express authority to sign this Agreement on the adult
participant's behalf and to bind the adult participant(s) to defend and indemnify Wild Mountain from
any claim or lawsuit brought by or on the adult participant's behalf. The
undersigned also agrees that the adult participant(s) has expressly agreed to release, indemnify, and hold harmless Wild
Mountain in a manner consistent with the terms and conditions
set forth in this Agreement.
The undersigned further agrees that if a claim or lawsuit is
brought by or on behalf of the adult participant(s) and/or arising out of the
adult's participation and the adult participant(s) denies that he/she/they gave
the undersigned the express authority and/or made agreements identified in the
previous paragraph, the undersigned agrees to
defend and indemnify Wild Mountain in the claim and/or lawsuit
and to reimburse Wild Mountain for its legal costs and fees, including
reasonable attorneys' fees, in responding to or defending against such claim
and/or lawsuit.
10/6/2021