Waiver Terms & Conditions
MINOR WAIVER AND RELEASE, EXPRESS ASSUMPTION OF THE RISK, AND INDEMNITY
AND HOLD HARMLESS, AND VOLUNTARY CONSENT AGREEMENT (hereinafter this “Agreement”)
1. THIS AGREEMENT MUST BE CAREFULLY READ AND SIGNED IN CONSIDERATION OF my and my minor child’s ability to participate in the skiing, snowboarding, snow sports, and other sport and athletic activities, events, and training organized by Shredder Ski Holdings Corporation (hereinafter “Shredder”) including, without limitation, playing, training, managing, learning, practicing, exercising, competing, observing and spectating, or for any other purpose (hereinafter collectively “EVENTS”) and/or IN CONSIDERATION OF my ability to enter into or upon the premises, locations, and facilities where said EVENTS are or will be taking place (hereinafter the “LOCATION”). I enter into this Agreement, on behalf of myself and on behalf of my minor child and our personal legal representatives, assigns, heirs, and next of kin (hereinafter collectively “UNDERSIGNED”). The UNDERSIGNED hereby:
2. WAIVER AND RELEASE. RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE Shredder, the operators, franchisers, organizers, sponsors, and hosts of the EVENTS, officials, rescue personnel, the facility and location owners, lessors, leasees, inspectors, surveyors, insurers, underwriters, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the facility and location, and each of their affiliated owners, subsidiaries, shareholders, officers, directors, managing agents, employees, independent contractors, members, agents, attorneys, investors, assigns, and all other persons or entities involved in the EVENTS (hereinafter collectively “RELEASEES”), FROM ALL LIABILITY to the UNDERSIGNED for any and all loss or damage and any claim or demands on account of INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH of the UNDERSIGNED arising out of or related to the UNDESIGNED’s participation in any way in the EVENTS and/or the UNDERSIGNED’s presence in or upon the LOCATION, even that caused by the ordinary NEGLIGENCE of the RELEASEES (hereinafter “LIABILITY”). The LIABILITY encompasses, but is not limited to, active or passive conduct, premises liability, ordinary NEGLIGENT RESCUE EFFORTS, and ordinary NEGLIGENT enforcement of (or the failure to enact or enforce) rules, regulations and guidelines. It also encompasses, without limitation, LIABILITY concerning ordinary NEGLIGENT selection, use, operation, design and/or maintenance of any equipment, facility, LOCATION, or service related to the EVENTS, including training and/or instruction.
3. MEDICAL CONSENT AND RELEASE: AUTHORIZES AND CONSENTS TO RELEASEES providing and/or arranging for MEDICAL CARE OR TREATMENT OR EMERGENCY MEDICAL SERVICES OR RESCUE EFFORTS to UNDERSIGNED in the event of an emergency or in the event of an injury or medical condition that develops or occurs during participation in the EVENTS or during the UNDERSIGNED’s presence in or upon the LOCATION. UNDERSIGNED expressly WAIVES AND RELEASES AND AGREES TO HOLD RELEASEES HARMLESS from and against any and all LIABILITY arising therefrom.
4. EXPRESS ASSUMPTION OF THE RISK. Acknowledges that the EVENTS can be VERY DANGEROUS and involve the RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. This Agreement also constitutes an express and contractual ASSUMPTION OF ALL RISKS AND DANGERS associated with the EVENTS, which include, but are not limited to, exposure to the elements; dehydration and exhaustion; sun stroke; the risk of pulling muscles; breaking bones; suffering a disability or permanent injury; collisions between UNDERSIGNED with other persons and/or stationary, natural, or manmade object; being struck by objects or equipment; tripping and falling; encountering imperfect and changing a varied course, property, and weather conditions and circumstances, including with regard to the availability and proximity of fluids and refreshments, or the lack thereof; the unavailability or proximity of emergency medical care; and/or the improper acts or conduct of other persons. The EVENTS will include participants of all skill and experience levels (including both professional and amateur persons) and varying levels and types of equipment, and UNDERSIGNED expressly assumes the risks associated with mixed and varying skill levels and types of equipment. UNDERSIGNED also acknowledges that there may be undefined and presently unknown risks and dangers associated with the EVENTS, and that there may be risks and dangers that may result from the ordinary NEGLIGENCE of the RELEASEES. This includes the potential ordinary NEGLIGENCE in the implementation or enforcement of any rules, regulation or guidelines related to the EVENTS and/or the potential ordinary NEGLIGENCE in the selection, use, operation, design, or maintenance of any equipment, competition, LOCATION, course, facility or service related to the EVENTS, including training and/or instruction. UNDERSIGNED hereby expressly assumes all such risks and dangers whether presently known or unknown and acknowledges that injuries may be compounded or increased by ordinary NEGLIGENT RESCUE OPERATIONS OR PROCEDURES. I agree to instruct my minor child prior to his or her participation about the dangerous nature of the EVENTS and his or her participation, along with the potential risks involved therein.
5. INDEMNITY AND HOLD HARMLESS: Agrees that if, despite this Agreement, claim is filed on my behalf or on behalf of my minor child, I will DEFEND, INDEMNIFY, AND SAVE AND HOLD HARMLESS the RELEASEES and each of them from any loss, liability, damage or cost they may incur (including attorneys’ fees and court costs) arising out of or related to the UNDERSIGNED’s participation in the EVENTS in any way or related to UNDERSIGNED’s presence in or upon the LOCATION, even if cause by the ordinary NEGLIGENCE of the RELEASEES. UNDERSIGNED also hereby agrees to DEFEND, INDEMNIFY, AND SAVE AND HOLD HARMLESS the RELEASEES from any loss, liability, damage or cost (including attorneys’ fees and court costs) caused by or arising out of any action or failure to act by UNDERSIGNED during or in connection with UNDERSIGNED’s participation in the EVENTS in any way, and/or arising out or UNDERSIGNED’s improper, tortious, and/or criminal conduct. UNDERSIGNED also agrees to pay RELEASEES for any and all damage to the LOCATION caused by UNDERSIGNED.
6. VOLUNTARY PARTICIPATION AND INFORMED CONSENT. Acknowledges that there are inherent dangers related to the EVENTS. I agree that neither I, nor my minor child, will participate in the EVENTS or utilize the facilities if either is under the influence of drugs or alcohol, is pregnant, or if there is any other physical condition that may impair our ability to understand instructions or to participate without creating risk to others or ourselves. I acknowledge that he/she has been informed that NEITHER MY PERSONAL SAFETY, NOR THE SAFETY OF MY MINOR CHILD CAN BE GUARANTEED.
It is the my responsibility to: (1) fully disclose any health issues or medications that are relevant to my or my minor child’s participation in the EVENTS; (2) inform the Shredder or its employees if there are any activities or aspects of the program about which I or my minor child do not feel comfortable; (3) cease my or my minor child’s participation and promptly report to Shredder or its employees any unusual feelings or physical discomfort; and (4) clear our participation with our physicians. I bear the responsibility to obtain, review, and follow all rules, regulations and instructions associated with the EVENTS, and to inform my child about them. Both my minor child and I know the nature of skiing, snowboarding, snow sports, and similar sporting activities and the EVENTS and our experience and capabilities. I believe that I and/or my minor child are qualified to participate in the EVENTS. My minor child and I agree to inspect the facility and equipment to be used by us and with which we may come into contact.
7. I warrant that I am the parent or legal guardian of the minor child, and I represent and warrant that I have the full, complete and unrestricted legal right, power and authority to sign this Agreement on behalf of the child. I sign this Agreement on my own behalf and on behalf of my minor child, and it shall be binding as to my minor child, whether signed by one or more parents or guardians. This Agreement is intended to be as broad and inclusive as is permitted by law, and it is intended to be fully severable. If any portion of this Agreement is held invalid, it is agreed that the balance the Agreement shall continue in full legal force and effect. That shall include modifying the Agreement to allow the remainder of claims to be waived, released, and indemnified against in the event that the inclusion of any particular type of claim is found to be invalid or contrary to public policy. This Agreement is to be interpreted and enforced under the laws of the State of Colorado, and any dispute regarding the enforceability of this Agreement shall be filed in the state or federal courts of Colorado, and shall not be transferred to any other
8. UNDERSIGNED HAS READ THIS AGREEMENT FULLY, UNDERSTANDS ITS TERMS, UNDERSTANDS THAT HE/SHE HAS GIVEN UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND HAS SIGNED IT FREELY AND VOLUNTARILY AND WITHOUT INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO HIM/HER and he/she intends his/her signature to be a complete, continuing and uncontrolled release of all liability to the greatest extent allowed by law. UNDERSIGNED acknowledge that he/she was given ample opportunity to read the Agreement and/or have it reviewed by legal counsel of his/her choice. He/she also acknowledges that he/she was offered a copy of this Agreement.
9. Marketing/Social Media: For good and valuable consideration, herein acknowledged as received, and by signing this Release, Undersigned gives Shredder permission to take and use photographs, video recordings, or movies of Participant taken during an Activity for any purpose in promoting Shredder activities in print, brochures, advertisements, films or videos and on broadcast presentations of any sort.