2023 Summer Activities Season Pass Agreement
Assumption of Risk, Release of Liability, and Indemnification
PLEASE READ CAREFULLY BEFORE SIGNING
This Agreement Affects Your Legal Rights
As a condition of being permitted access to WILD MOUNTAIN
INC, CASHMERE PROPERTIES LLC, CASHMERE MOUNTAIN COMPANY INC (herein referred to
as WILD MOUNTAIN) premises and facilities for the 2023 season, including the
Waterpark, Waterslides, Lazy River, Dry Rides, Alpine Slide, Go-Karts, and
FreeFall XP (the “Activities”), and in consideration for purchasing a season
pass and/or lift ticket, and the concomitant privileges to participate in the
Activities throughout the 2023 season, 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 risks associated with the Activities include, but are not limited to: drowning or near drowning; slips, trips or falls, including on uneven, wet, or slippery surfaces; insect bites and stings; ingestion of waterborne bacteria, viruses, or other contaminants; contact with chemical water treatments; stepping or landing on submerged objects; ejection or falls from slides, rides, or platforms; collisions with other persons; collisions and encounters with natural and man-made objects (including, without limitation, trees, rocks, stumps, holes, forest growth, debris, walls, fences, posts, poles, railings, padded and non-padded barriers, signs, buildings, and paved, wooden, gravel and dirt roads and walkways); collisions with alpine sleds or go-karts; lightning, heavy winds, excessive heat, and other hazardous weather conditions; falling tree limbs; debris on track(s); changes and variation in weather, surface, ground, track, and lighting conditions; errors in loading, riding, or unloading the slides, rides, or lifts; loss of control; excessive speed; rollovers of alpine sleds or go-karts; ejection of the alpine sled from the sled track; missing or landing awkwardly on the FreeFall XP landing pad; and possible equipment failure and/or malfunction, including 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 thereby.
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) 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.
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