2023-2024 Winter Activities Season Pass Agreement
Assumption of Risk, Release of Liability, and Indemnification
PLEASE READ CAREFULLY BEFORE SIGNING
This Agreement Effects Your Legal Rights
In consideration for purchasing a Season Pass and as a condition
of being permitted to use WILD MOUNTAIN INC, CASHMERE PROPERTIES LLC, CASHMERE
MOUNTAIN COMPANY INC (herein referred to as WILD MOUNTAIN) premises and
facilities for the 2023-2024 season, including for Alpine Skiing, Snowboarding,
Snow Skates, and Snow Scooters (the “Activities”), the individual(s) named
below (referred to as “I” or “me”) agree to all of the terms and conditions set
forth in this Agreement.
1) EXPRESS ASSUMPTION OF RISK:
I UNDERSTAND AND ACCEPT THAT THE ACTIVITIES ARE DANGEROUS and involve
certain risks that cannot be eliminated regardless of the care taken to avoid
injuries. The inherent risks associated with the Activities include, but are
not limited to: loss of control; collisions with other persons; collisions with
natural and man-made objects, whether padded or unpadded (including, without limitation, trees, rocks,
stumps, holes, forest growth, downed timber, fences, posts, padded and
non-padded barriers, lift equipment and towers, rope tows, light poles,
snowmaking equipment, signs, buildings, and paved, wooden, gravel and dirt
roads and walkways); collisions with over-snow vehicles (including, without
limitation, groomers, snowmobiles, and utility or all-terrain vehicles);
encountering marked and unmarked terrain features (including, without
limitation, snowmaking mounds, moguls, jumps, ramps, half-pipes, rails, boxes,
and other freestyle and terrain park features); encountering ice, bare spots,
and debris; changes and variation in terrain and slope; changes and variation
in weather, snow, surface, and lighting conditions; slips and falls on ice and
snow; errors in loading, riding, or unloading a lift (including, without
limitation, misloading, being struck by a chairlift, becoming entangled with
equipment, and falling from a chairlift); and possible equipment failure and/or
malfunction, including lift equipment and my own or rented or borrowed
equipment. I ACKNOWLEDGE AND ACCEPT that WILD MOUNTAIN has no duty to protect
me from the above risks or any other risks inherent to the Activities. I
UNDERSTAND AND ACCEPT that such risks may cause SERIOUS INJURY including
PERMANENT DISABILITY, OR DEATH, and EXPRESSLY AND VOLUNTARILY ASSUME all such
risks, accepting for myself FULL RESPONSIBILITY for any loss or damage I may
sustain.
2) RELEASE OF LIABILITY: I AGREE TO RELEASE WILD MOUNTAIN, including its owners, officers,
directors, managers, employees, agents, volunteers, successors, and assigns
(the “Releasees”), FROM LIABILITY FOR RELEASEES’ OWN NEGLIGENCE. I understand
that this means I am waiving my right to sue Releasees for any personal injury,
disability, death, or property damage I may sustain in relation to my use of
WILD MOUNTAIN’S premises and facilities or my participation in the Activities
caused by Releasees’ own negligent acts or omissions. I agree that this release
applies to and is binding on any minor for whom I sign. I further agree to pay
all costs and expenses, including attorneys’ fees, incurred by Releasees in
connection with any claim brought by or on behalf of me or any minor for whom I
sign, in violation of this release of liability.
3) INDEMNIFICATION: I
AGREE TO INDEMNIFY AND HOLD THE RELEASEES HARMLESS from liability for claims
for personal injury, disability, death, or property damage arising out of my
own negligence or the negligence of any minor for whom I sign, even if such
claim also arises from or is alleged to arise from Releasees’ own negligence.
This includes paying all judgments, interests, costs and expenses, including
attorneys’ fees, incurred by Releasees in connection with any claim arising out
of my own negligence or the negligence of any minor for whom I sign, even if
such claim also arises or is alleged to arise from Releasees’ own negligence.
4) MY RESPONSIBILITIES:
I AGREE to follow and be bound by “YOUR RESPONSIBILITY CODE,”
promulgated by the National Ski Areas Association and posted by WILD MOUNTAIN.
5) MISCELLANEOUS PROVISIONS:
If any term or provision of this Agreement is deemed invalid, illegal,
or unenforceable, all other parts will be given full force and affect. All
matters arising out of or relating to this Agreement or my participation in the
Activities will be governed by the laws of the State of Minnesota, and
exclusive jurisdiction thereof will be in the district court residing in and
for Chisago County, Minnesota.
PASS HOLDER ACKNOWLEDGMENT AND SIGNATURE
I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING MY RIGHT TO SUE THE RELEASEES FOR THEIR OWN NEGLIGENCE. I VOLUNTARILY SIGN WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
FOR PASS HOLDERS UNDER THE AGE OF 18
PARENT/AUTHORIZED ADULT ACKNOWLEDGMENT AND SIGNATURE
I AM THE PARENT OF THE MINOR NAMED ABOVE, OR AM AUTHORIZED TO SIGN ON BEHALF OF THE MINOR. I DESIRE FOR THE MINOR NAMED ABOVE TO PARTICIPATE IN THE ACTIVITIES AND BELIEVE IT IS IN HIS/HER/THEIR BEST INTEREST TO DO SO. I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. BY SIGNING BELOW, I GIVE THE MINOR NAMED ABOVE PERMISSION TO PARTICIPATE IN THE ACTIVITIES WITH THE UNDERSTANDING AND INTENTION THAT THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE BINDING ON ME AND THE MINOR ON WHOSE BEHALF I AM SIGNING, INCLUDING THE EXPRESS ASSUMPTION OF RISK, RELEASE OF LIABILITY FOR RELEASEES’ OWN NEGLIGENCE, AND INDEMNITY AGREEMENTS.
v.9.4.2023
