I understand that my participation in the sports poses numerous inherent and other risks of INJURY and DEATH to me, including, but not limited to, the risks posed by changes in terrain and snow conditions; surface and subsurface snow conditions; icy, firm, or hard snow; unmarked obstacles; thin snow cover; bare spots; bumps; moguls; stumps; forest growth and debris; erosion control devices; rocks; cliffs; steep terrain; deep snow; and avalanches and avalanche debris. I also understand that the sports involve risks posed by loss of balance; loss of control; falling; sliding; and collisions with trees, rocks, fences, racing and timing equipment, terrain features (natural or man-made), other participants and/or spectators, snowmaking or snow grooming equipment and their components, snowmobiles and other over snow vehicles, and all manmade or natural obstacles (padded or not) whether they are obvious or not. Other risks include those associated with loading, riding, and unloading lifts; using terrain parks, half pipes, rails and other park features; using mountain transportation; walking on the premises; traveling in the mountains; going beyond the ski area boundary; participating in lessons, races and special events; and any risks associated with interacting or sharing space with other people, such as transmittable illnesses and diseases (collectively, “use of the facilities”). Despite the foregoing risks and all other risks associated with the sports and use of the facilities, and TO THE FULLEST EXTENT ALLOWED BY LAW, I AGREE TO EXPRESSLY ASSUME ALL RISKS OF INJURY OR DEATH that might be associated with or arise out of my participation in the sports or use of the facilities.
In consideration for being permitted to participate in the sports and to use the facilities with my Pass, I AGREE TO RELEASE FROM ANY LEGAL LIABILITY AND AGREE NEVER TO SUE the participating resorts listed above, the California Ski Industry Association (aka Ski California), the United States of America, Department of Agriculture, United States Forest Service, event organizers, sponsors, and all of their successors, heirs, assigns, directors, officers, partners, investors, shareholders, members, agents, employees, owners, landowners, parent and subsidiary companies, and affiliated companies and ski resorts (collectively herein, “Participating Resorts”) for injury or death resulting from my participation in the sports or use of the facilities, regardless of the cause, including the alleged NEGLIGENCE of the Participating Resorts. I further AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS the Participating Resorts for any claims, lawsuits, damages, attorney fees, costs, or judgments arising out of my participation in the sport or use of the facilities.
I understand that this Agreement applies whenever I participate in the sports or use the facilities at the Participating Resorts. 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 from participation in the sports or use of the facilities.
I AGREE TO INFORM AND DISCUSS WITH ANY USER OF THIS PASS THAT SUCH USER IS BOUND BY ALL TERMS OF THIS AGREEMENT. By signing this agreement, I declare that I am doing so for myself and/or on behalf of persons who use the Pass. I agree that by signing this Agreement and providing the Pass to other users, I am acting as the agent for any Pass user, and that this Agreement is binding on that person. If the other person brings a claim or lawsuit against one or more Participating Resorts, I agree to defend, indemnify and hold harmless the Participating Resorts as described in the next paragraph.
In the event that I or any legal representative files a claim or a lawsuit arising out of my participation in the sports or the use of the facilities at the Participating Resorts, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS the Participating Resorts for any damages, attorney’s fees, or costs arising out of such a claim or a 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, my legal representatives, and the Pass users.
If any provision of this Agreement is held invalid or unenforceable, I agree that the remainder of the Agreement will be held in full force and effect, valid, and enforceable. I agree that any action arising from or related to this Agreement must be brought only in a court of competent jurisdiction in the Participating Resort’s county (state court) or district (federal court) where the Pass was used that resulted in the dispute. Any disputes must be subject to and determined under the laws of the State of California.
