Participant's Agreement to Assume Risk of Injury and
Release of Liability
I have enrolled as a participant in the Jackson Hole
Ski & Snowboard Club's program and/or events voluntarily. I understand
that skiing, bicycling and boating involve risks of injury due to causes
including, but not limited to, loss of control or falling, contact with
unexpected or expected snow conditions, contact with objects or other
events or incidents usual to the sports of skiing, bicycling and boating.
With full knowledge and appreciation of the risks of injury, I nevertheless
desire to participate in the Jackson Hole Ski & Snowboard Club's program
and/or events and so expressly agree to assume the risk of be injured
while participating in the Jackson Hole Ski & Snowboard Club's program
and/or events. I release, individually (and/or as Club: Jackson Hole Mountain
Resort, Snake River Ranch, Teton County, WY, Town of Jackson, Wyoming
State Highway Department, Snake River Sporting Club, Bridger-Teton National
Forest, its agents, employees, members, officers and directors and all
owners and lessees of property where the programs or events are held -
collectively the "Releases") from any and all claims, demands, actions,
losses and liability whatsoever for harm, death, personal injury or damage
which might befall me or my child or other arising out of the participation
in the programs, events or activities of the Jackson Hole Ski & Snowboard
Club, and/or the Releases, from any actions and claims by me, my family,
estate, heirs or assigns. I herby agree to comply will all Pole Pedal
Paddle rules and accept responsibility for my personal possessions and
athletic equipment and hereby agree to be physically fit for this competition.
I (parents) if participant is a minor, give permission for emergency medical
treatment for illness or accident if I am unable to consent (or my parents
cannot first be contacted if I am a minor).
JACKSON HOLE MOUNTAIN RESORT
RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
In consideration for my participation in Pole Peddle Paddle and my use of
the Jackson Hole Mountain Resort, I understand, agree and acknowledge as follows:
1. I understand that skiing, snowboarding, or participating in any other activities at the Jackson Hole Mountain Resort ("JHMR") can be dangerous. I further understand that there are inherent risks associated with these activities, and expressly agree that the following risks, among others, are "inherent" within the meaning of the Wyoming Recreation Safety Act: Variations in terrain; existing and changing snow conditions; slick or uneven walking surfaces; surfaces covered with ice and snow; changing weather conditions; lightning; difficulty with route finding; high altitude; loading, riding and unloading ski lifts; mechanical and equipment failures; rocks; stumps; trees; cliffs; streams; closed areas; collisions with other users of JHMR, spectators and/or wildlife; avalanches and non-avalanche related snow immersion; collisions with natural and man-made objects and features which may not be marked; motor vehicles and roadway crossings; and those risks and dangers related to high speed skiing and snowboarding. Snowmaking and grooming activities and equipment, and snowmobiles may be encountered at any time. I recognize that falls and collisions occur and injuries are a common and expected element of my participation in programs at and use of JHMR. I understand that accidents, injury, illness, incapacity or death can arise in conjunction with participating in the above activities. In consideration for participating in any activities at JHMR, I hereby agree to accept and assume any and all risks in connection with such activities.
2. I ACKNOWLEDGE THAT IT IS MY RESPONSIBILITY TO INSPECT THE COURSE PRIOR TO ANY TRAINING RUNS AND PRIOR TO COMPETITION. I UNDERSTAND THAT HELMETS ARE REQUIRED WHILE DOWNHILL SKIING OR SNOWBOARDING IN THIS EVENT.
3. I understand that participation in programs and events at JHMR are subject to any and all rules, regulations and polices that are established from time to time by JHMR. If I am signing this agreement on behalf of a minor, I certify that I have explained the Rules and Regulations to them. I further understand that participation in the event provides me with the use of the facilities, ski area and ski lifts at JHMR and that this release is applicable to each and every day I participate in any activities at JHMR.
4. I further agree to forever release, discharge, waive, save and hold harmless, indemnify, and defend JHMR, the United States, and their respective subsidiaries and/or affiliates, representatives, assignees, officers, directors, shareholders, employees, agents, and insurance carriers (hereinafter "Releasees") from and against any and all claims, demands, causes of action, liabilities, actions, and any and all medical expenses or other related expenses, including damage to persons and property, asserted by others, by me, or on my behalf, my estate, executors, heirs, or assigns brought under any theory of legal liability, INCLUDING NEGLIGENCE, arising directly or indirectly out of my use of the facilities, ski area or ski lifts at JHMR, or my presence on JHMR premises. The above release includes, but is not limited to, any and all damages occasioned in the event of an incident, illness, or other incapacity, death, or damage to property, however caused. If I want financial protection against personal injuries, then I understand I must obtain my own life, liability and health insurance to protect my family members and myself.
5. I consent to the use by JHMR of any pictures for commercial purposes, or otherwise, of me in connection with the activities of JHMR.
6. I warrant that I am in good physical condition and know of no medical or health reasons why I should not participate in any of the above activities. I authorize Releasees and/or their authorized personnel to transport me or arrange for my transportation to a medical clinic or other medical facility should I become incapacitated and unable to make an informed decision. I agree that upon such transport, Releasees shall not have any further responsibility for me and I agree to indemnify and hold harmless Releasees from any costs incurred therein or any claims originating therefrom.
7. I understand that all terms of this agreement shall be binding upon my heirs, executors, administrators, and assigns and shall be governed by Wyoming law.
8. I further understand and agree that this agreement shall be binding to the fullest extent permitted by law and that if any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect.
9. I agree that any claims that I, or any representatives of any kind, for themselves or on my behalf, may bring against the Releasees shall be submitted solely to the jurisdiction of the state court in Wyoming, Teton County, and that no claims against the Releasees shall be brought in any other jurisdiction or venue.
10. I further state that I am of lawful age and legally competent and agree to abide by the terms and conditions set forth herein. I have carefully read this release, understand its contents, and understand that the terms of this document are contractual and not a mere recital. I am aware that I am releasing certain legal rights that I otherwise may have and I have signed this document of my own free act.
Participant Under 18 Years of Age: In signing this Release of Liability and Indemnity Agreement on behalf of a minor (less than 18 years of age) (the "Child"), I represent that I am the parent and/or legal guardian of such Child; as the parent or guardian signing this agreement for the Child, I acknowledge and agree that I have read the Release of Liability and Indemnity Agreement, and that by signing it on behalf of the Child, I and the Child agree to be bound by all its terms. I accept responsibility for all the Child's medical expenses incurred in connection with any participation in the season pass program or use of Jackson Hole Mountain Resort. I agree to indemnify the Releasees for any and all claims whatsoever brought by the Child; and I agree to indemnify the Releasees for any and all claims whatsoever brought by a third party arising in connection with the Child.
