At Eagle Mount, we partner with several third party organizations to effectively deliver our programming. To streamline the registration process, we included all the required documents below. Please sign all of the following documents.
Move United Waiver & Release of Liability Agreement
Move United, and its affiliated Chapters (“Released Parties”) are non-commercial, not for profit activity providers. The purpose of this Move United Waiver & Release of Liability Agreement is to exempt, waive, and relieve Released Parties from any and all liability for any harm, wrongful death, personal injury, property damage, claim or cause of action, including, but not limited to liability arising from the negligence of Released Parties. “Released Parties” include Move United, Eagle Mount Bozeman, and their affiliates, successors, predecessors, parents, subsidiaries, owners, representatives, administrators, directors, officers, agents, coaches, employees, contractors, assigns, and volunteers; other participants, sponsoring agencies, sponsors, and advertisers; and, if applicable, the owners, operators, and lessors of premises on which the activities or events take place.
In consideration of the undersigned Participant being allowed to participate in any way in Move United and/or Eagle Mount Bozeman related events and activities, the Undersigned (“Undersigned” means the Participant or the Participant’s parent, legal guardian, or legal representative when the Participant is under the age of 18 or legally incapacitated) agrees and acknowledges as follows:
1. Risks of Activity. Participant will be taking part in activities that can be hazardous and involve the risk of physical injury and/or death. The activities are inherently dangerous and Undersigned fully realizes the dangers of participating in the activities. The dangers and risks of the activities include, but are not limited to the condition of the premises and equipment, and the acts, omissions, representations, carelessness, and negligence of the Released Parties. Recognizing the risks and dangers, the Undersigned voluntarily chooses for Participant to participate in the activities and expressly assumes all risks and dangers of the participation in the activity, whether or not described above, known or unknown, inherent, or otherwise.
2. Risks of Participation. The Undersigned recognizes and understands that while Released Parties have undertaken reasonable steps to lessen the risk of transmission of communicable diseases, including but not limited to, COVID-19, in connection with participation in the activities, the Released Parties are not responsible in any manner for any risks related to communicable diseases in connection with Participant’s participation in the activities. Specifically, the Undersigned understands that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death. The Undersigned is fully aware that participation in the activities carries with it certain inherent risks related to transmission of communicable diseases (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying a communicable disease; (2) the risk of transmitting or contracting a communicable disease, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from communicable diseases or the treatment thereof. Further, the Undersigned understands that the risks of all communicable diseases are not fully understood, and that contact with, or transmission of, a communicable disease may result in risks to the Participant including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks.
The Undersigned hereby voluntarily accepts and assumes all risk of loss, personal injury, sickness, death, damage, and expense for the Participant arising from such Inherent Risks. Furthermore, the Undersigned represents and warrants that Participant does not knowingly carry any communicable diseases that may be transmitted during participation in the activities.
3. Release and Indemnification. Undersigned (a) unconditionally releases, forever discharges, and agrees not to sue the Released Parties for any claims or causes of action for any liability or loss of any nature, including personal injury, death, and property damage, arising out of or relating to Participant’s participation in any Move United/Eagle Mount Bozeman events or activities or the Participant’s presence on or travel to the premises where such events or activities take place, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract the Undersigned may or will have against the Released Parties; and (b) agrees to indemnify, defend, and hold harmless the Released Parties from and against any liability or damage of any kind and from any suits, claims, or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in such events or activities or the Participant’s presence on or travel to the premises where such events or activities take place.
4. Helmet Use. Undersigned agrees that Participant shall use a helmet when participating in the following activities: Alpine skiing, cycling, equestrian, ice hockey, outdoor rock climbing, snowboarding, white water kayaking, white water river rafting, and any other activity when directed by Released Parties. Undersigned understands that a helmet is in no way a guarantee of safety and that no helmet can protect the wearer against all foreseeable impacts to the head, and that the activities can expose the Participant to forces that exceed the limits of protection provided by a helmet. Undersigned agrees to assume full responsibility for complying with this paragraph and that Released Parties shall not be liable for any injury or damages resulting from Participant’s failure to use a helmet.
5. Medical Treatment. Undersigned understands that the Released Parties do not have medical personnel available at the location of the activities. Undersigned hereby grants the Released Parties permission to administer first aid or to authorize emergency medical treatment, if necessary. Undersigned understands and agrees that any such action by the Released Parties shall be subject to the terms of this agreement and release, including any liability arising from the negligence of the Released Parties when administering first aid or authorizing others to do so. Undersigned understands and agrees that the Released Parties do not assume responsibility for any injury or damage which might arise out of or in connection with such authorized emergency medical treatment.
6. Miscellaneous. Undersigned agrees (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations, and ordinances; (b) this Agreement shall be governed by the laws of the State of Montana and the exclusive jurisdiction and venue for any claim shall be located in the state courts located in Gallatin County, MT; (c) this Agreement shall be binding upon the subrogors, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned; (d) this Agreement shall be construed as broadly as permitted by applicable law; and (e) that in the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not otherwise affect the remaining provisions of this Agreement.
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Expand each section by clicking on the â–¶ symbols to view the following documents.
BRIDGER BOWL ASSUMPTION OF RISK
Eagle Mount Ski Program Participant/Volunteer Warning, Notification of Risks 2022-2023 Season
PLEASE READ CAREFULLY BEFORE SIGNING.
I hereby voluntarily request to participate or to have my minor child or person with a disability for whom I act as guardian participate in the Eagle Mount Ski Program. I understand there are inherent dangers and risks of skiing that are part of the sport including: changing weather conditions; snow conditions as they exist or as they may change, including ice, hardpack, powder, packed powder, wind pack, corn snow, crust, slush, cut-up snow, and machine-made snow of any depth or accumulation, including but not limited to any depth or accumulation around or near trees or snowmaking equipment; avalanches, except on open, machine-groomed ski trails; collisions with natural surface or subsurface conditions, such as bare spots, forest growth, rocks, stumps, streambeds, cliffs, trees, and other natural objects; collisions with lift towers, signs, posts, fences, enclosures, hydrants, waterpipes, or other artificial structures and their components; variations in steepness or terrain, whether natural or the result of slope design, snowmaking, or snow grooming operations, including but not limited to roads, freestyle terrain, ski jumps, catwalks and other terrain modifications; collisions with clearly visible or plainly marked equipment, including but not limited to lift equipment, snowmaking equipment, snow grooming equipment, trail maintenance equipment, and snowmobiles, whether or not the equipment is moving; collisions with other skiers; the failure of a skier to ski within that skier’s ability; skiing in a closed area or skiing outside the ski area boundary as designated on the ski area trail map; and restricted visibility caused by snow, wind, fog, sun, or darkness. I am aware that natural and man-made obstacles exist. Fencing, equipment covers, signs, rope lines, and other marking devices may be in place and mark some, but not all of the potential obstacles or hazards. These markers will not prevent injury. I understand it is the participant’s/volunteer’s responsibility to stay away from marked areas. I acknowledge the existence of these risks and accept such risks on behalf of myself and/or my minor child or such person with a disability for whom I act as guardian, whether they are marked or unmarked. Warning, Risk of Avalanche: Avalanche hazard reduction measures within the ski area boundaries help reduce the risk of avalanches, but can not eliminate the possibility of an avalanche occurring in avalanche prone areas and runout zones open for skiing. I acknowledge the existence of this risk and accept such risk on behalf of myself and/or my minor child or such person with a disability for whom I act as guardian. I am aware that there are inherent and other risks or dangers for persons who are in the process of approaching, loading, riding, unloading and departing from chairlifts, tows and conveyors. I understand that all persons who use an chairlift, tow or conveyor shall be responsible for their own loading, riding and unloading and are presumed to have sufficient ability and physical dexterity or personal assistance to load, ride, unload and be evacuated from the chairlift safely.
For Participants: I am aware and understand that Eagle Mount and I, as parent or guardian of the participant have the responsibility of determining if the participant is physically and/or mentally able to participate in the Eagle Mount Ski Program and use chairlifts, tows, conveyors and ski slopes. I understand that Eagle Mount is responsible for the participant's safety while using the ski slopes, chairlifts, tows, and conveyors; using any chairlift evacuation apparatus and placing the participant in or on any chairlift evacuation apparatus.
For Volunteers: I am aware and understand that as an Eagle Mount volunteer I am acting as a personal assistant for the Eagle Mount participant in order to comply with the ANSI B-77.1-2022 general requirements for chairlift, tow and conveyor use, and to provide assistance and guidance while using the ski slopes and facilities. I understand I am responsible for providing sound judgement on behalf of the participant and assisting the participant with: approaching, loading, riding, unloading, and departing from chairlifts, tows or conveyors; performing evacuation procedures including using any evacuation apparatus, attaching any evacuation apparatus to the evacuation rope, placing the participant in or on any evacuation apparatus; and the safe use of the slopes and facilities.
I AM AWARE THAT SKIING AND USING CHAIRLIFTS, TOWS OR CONVEYORS MAY RESULT IN LOSS, DAMAGE EXPENSE OR INJURY (INCLUDING DEATH) FROM THE RISKS DESCRIBED HEREIN AND I VOLUNTARILY ACCEPT SUCH RISKS ON BEHALF OF MYSELF AND/OR MY MINOR CHILD OR PERSON WITH A DISABILITY FOR WHOM I ACT AS GUARDIAN.
By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the providers ordinary negligence that are the result of the provider's failure to exercise reasonable care.
IF I AM SIGNING ON BEHALF OF A MINOR, OR A PERSON WITH A DISABILITY FOR WHOM I ACT AS GUARDIAN, I ACCEPT FULL RESPONSIBILITY FOR ALL MEDICAL EXPENSES OR LIABILITY INCURRED AS A RESULT OF SUCH PERSON'S ACTIONS OR PARTICIPATION IN THIS PROGRAM AND AGREE TO RELEASE, HOLD HARMLESS AND INDEMNIFY BRIDGER BOWL, INC., ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS FOR ANY SUCH EXPENSES. I AGREE TO EXPLAIN THE RISKS AND SAFETY ITEMS OUTLINED IN THIS DOCUMENT TO MY MINOR CHILD, OR A PERSON WITH A DISABILITY FOR WHOM I ACT AS GUARDIAN.
CROSSCUT ASSUMPTION OF RISK
CROSSCUT
WINTER NOTIFICATION OF RISK and WAIVER
Crosscut Mountain Sports Center, Inc. (“Crosscut”) is a 501(c)(3) non-profit corporation operating various sports, events, and activities including, but not limited to, Nordic skiing, fat biking, snowshoeing, and winter hiking (hereafter "Winter Sports"). In consideration of being allowed to participate in Winter Sports offered by Crosscut, I state and acknowledge as follows:
Acknowledgment of Inherent Dangers and Risks of Winter Sports. I voluntarily request the right to participate in Winter Sports and understand and acknowledge the “inherent dangers and risks” of Winter Sports that are part of Winter Sports and cannot be eliminated, including, without limitation: (a) changing weather conditions; (b) snow and trail conditions as they exist or as they may change, including ice, hardpack, powder, packed powder, wind pack, corn snow, crust, slush, cut-up snow, and machine-made snow of any depth or accumulation, including but not limited to any depth or accumulation around or near trees or snowmaking equipment; (c) tree wells and snow immersion suffocation; (d) avalanches; (e) collisions with natural surface or subsurface conditions, such as bare spots, forest growth, rocks, stumps, streambeds, cliffs, trees, and other natural objects; (f) collisions with signs, posts, fences, enclosures, hydrants, water pipes, or other artificial structures and their components; (g) variations in steepness or terrain, whether natural or the result of slope design, snowmaking, or snow grooming operations, including but not limited to roads and other terrain modifications; (h) collisions with clearly visible or plainly marked equipment, including but not limited to snowmaking equipment, snow grooming equipment, trail maintenance equipment, and snowmobiles, whether or not the equipment is moving; (i) collisions with other trail users; (j) the failure of a trail user to recreate within that trail user's abilities; (k) travelling in a closed area or travelling outside the trail area boundary as designated either on the area trail map or by signage; (l) restricted visibility caused by snow, wind, fog, sun, or darkness, (m) all matters associated with trail building or maintenance, including, but not limited to, equipment or tool use and falling or thrown debris; (m) falling, slipping, sliding, or tripping from steep, inconsistent, slippery, or wet trails; (n) unmarked trails; (o) falling objects including trees and rocks; (p) adverse weather conditions including wind, snow, ice, hail, lightning, and extreme temperatures; (q) malfunction of equipment; (r) catching clothing or body parts in moving equipment; (s) injury while getting on and off of platforms, or in and out of vehicles; (t) animal dangers including being bitten, trampled, mauled, or stung; (u) disorientation dangers including falling or getting lost; (v) physical exertion, stress, or emotional trauma; (w) remote location dangers including distance from and inaccessibility to immediate medical assistance; (x) all dangers and risks associated with the use of live ammunition during the biathlon training and biathlon competitions being conducted on Crosscut’s property, including without limitation the risk of over shot, rifle shot wounds causing injury or death, property damage from rifle shots, rifle malfunction, rifle misfire, rifle misuse, rifle related accidents, and emotional trauma or distress related to rifle use, and (y) personal and/or property injury as well as death. I am also aware that exceeding or failing to recognize the limits of my abilities will exacerbate these inherent risks. I accept all legal responsibility for injury or damage of any kind to the extent that the injury or damage results from inherent dangers and risks of Winter Sports.
Assumption of the Inherent Dangers and Risks of Winter Sports. Even with such understanding and appreciation of the inherent dangers and risks of Winter Sports, I still desire to participate and/or have my minor children participate in Winter Sports, and I do fully and irrevocably release and forever discharge Crosscut, it’s officers, directors, employees, agents, members, and owners from all legal claims, demands, actions, losses, and legal liability of any kind resulting from such activities. I hereby personally assume all risks which may be associated with Winter Sports.
Duty of Participant. I agree that I have a duty to participate in Winter Sports at all times in a manner that avoids injury to myself and others and to be aware of the inherent dangers and risks of Winter Sports. I agree that I shall: (a) know the range of my ability and act within the limits of that ability and my equipment so as to negotiate any section of terrain and trail safely and without injury or damage; (b) have the knowledge and ability to safely use my equipment; (c) know that my and other’s ability may vary because of ski slope and trail changes caused by weather, grooming changes, or Winter Sport participant use; (d) maintain control of speed and course and be able to stop so as to prevent injury to myself and others; (e) abide by the requirements of the skier responsibility code; (f) obey all posted signs or other warnings and instructions; (g) read the trail map and be aware of its contents; (h) always show courtesy to others and be aware that there are elements of risk in winter recreation that common sense and personal awareness can help reduce; (i) not stop where I obstruct a trail or am not visible from above; (j) whenever starting downhill or merging into a trail, look uphill and yield to others; (k) keep off closed trails and out of closed areas; and (l) take reasonable safety precautions such as appropriate protective equipment, travelling with a companion, letting others know my travel plan and return time, and carrying extra water, food, clothing, animal repellant, a map, and a cell phone. I acknowledge that the above actions will not guarantee my safety or eliminate the inherent dangers and risks of Winter Sports.
Model Release. I grant permission to Crosscut to use my and/or my child(ren's) image(s) for purpose of publicity, public relations, editorial, or other advertising purposes.
Forum Selection. I agree that any claim or suit against Crosscut shall be filed in Eighteenth Judicial District Court, Gallatin County, Montana or a Federal Court in the state of Montana and no other jurisdiction, and shall be governed by the laws of the State of Montana.
Severability. I agree that if any portion of this Agreement is determined to be unenforceable, all other parts of this Agreement shall remain in full force and effect.
Parental Indemnification. As a parent/guardian signing this Agreement for a minor, I have read this Agreement and agree with its contents. I agree to indemnify and hold harmless Crosscut for any claim or suit, including legal fees and expenses, settlements or awards, related to my minor child’s presence on Crosscut premises.
Electronic Consent. If I am agreeing to the terms of this Agreement over an electronic device such as a computer, tablet, or phone, then I agree to conduct this transaction electronically.
By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care.
I understand and acknowledge that (i) this is a legal and binding contract, (ii) I have read and fully understand the risks, terms, and releases contained herein, and (iii) I am signing this Agreement of my own free will and accord. If I am signing on the behalf of a minor, I verify that I am the parent or guardian of the minor and have the authority to enter this agreement for the minor.
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ROUNDHOUSE ASSUMPTION OF RISK
Round House Ski & Sports Center
Alpine Ski and Snowboard Equipment Rental
Acknowledgement of Personal Information & Equipment Instruction
I have accurately represented the above listed information and it is true and correct. I will not use any of the equipment to be provided to me during this transaction until I have received instruction on its use and I fully understand its use and function. I agree to verify that the visual indicator settings to be recorded on this form for downhill ski equipment agree with the number appearing in the visual indicator windows of the equipment to be listed on this form.
EQUIPMENT RENTAL & LIABILITY RELEASE AGREEMENT
I accept for use AS IS the equipment listed on this form, and accept full financial responsibility for the care of the equipment while it is in my possession. I will be responsible for the replacement at full value of any equipment rented under this form, but not returned to the rental facility. I agree to return all rental equipment by the agreed date.
I understand that the binding system cannot guarantee the user’s safety. In downhill skiing, the binding system will not release at all times or under all circumstances where release may prevent injury or death, nor is it possible to predict every situation in which it will release. In snowboarding, cross-country skiing, skiboarding, snowshoeing, and other sports utilizing equipment with non-release bindings, the binding system will not ordinarily release during use; these bindings are not designed to release as a result of forces generated during ordinary operation.
I understand that the sports of skiing, snowboard, skiboarding, snowshoeing and other sports (collectively “RECREATIONAL SNOW SPORTS”) involve inherent and other risks of INJURY and DEATH. I voluntarily agree to expressly assume all risks of injury or death that may result from these RECREATIONAL SNOW SPORTS, or which relate in any way to the use of this equipment.
I understand that a helmet designed for RECREATIONAL SNOWSPORTS use will help reduce the risk of some types of injuries to the user at slower speeds. I recognize that serious injury or death can result from both low and high energy impacts, even when a helmet is worn.
I AGREE TO RELEASE AND HOLD HARMLESS the equipment rental facility, its employees, owners, affiliates, agents, officers, directors, and the equipment manufacturers and distributors and their successors in interest (collectively “PROVIDERS”), from all liability for injury, death, property loss and damage which results from the equipment user’s participation in the RECREATIONAL SNOWSPORTS for which the equipment is provided, or which related in any way to the use of this equipment, including all liability which results from the NEGLIGENCE of PROVIDERS, or any other person or cause.
I further agree to defend and indemnify PROVIDERS for any loss or damage, including any that results from claims or lawsuits for personal injury, death, and property loss and damage related in any way to the use of this equipment.
This agreement is governed by the applicable law of this state or province. If any provision of this agreement is determined to be unenforceable, all other provisions shall be given full force and effect.
AVALANCHE BEACON RENTAL
AVALANCHE SIGNAL BEACON RENTAL, ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS.
1. The person who is using the avalanche signal beacon rental (hereinafter referred to “beacon”) rented from Round House Ski & Sports Center shall be referred to hereinafter as “Renter”. The “Undersigned” means only the Renter when the Renter is age 18 or older OR it means both the Renter and the Renter’s parents or legal guardians when the Renter is under the age of 18. The Undersigned agree and understand that using beacons, as well as skiing, snowboarding, or using ski area facilities or backcountry for any purpose (hereinafter the “Activity”) can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH.
2. The Undersigned agree to accept for use the avalanche signal beacon “AS IS” and WITH NO WARRANTIES, express or implied. The Undersigned agree that they have had a full and fair opportunity to completely inspect the beacon. The Undersigned agree that the person listed on this form will be the only person using the beacon. If the Undersigned feel the beacon is not in proper working order and/or or is not functioning properly, Renter will stop using it immediately and return it for inspection, possible repair, adjustment and/or replacement. Round House Ski & Sports Center is providing a new, unopened package of batteries for use in the beacon.
3. The Undersigned accept full responsibility for the care of the beacon during the rental period and will be responsible for the return, replacement and/or repair at full retail value as determined by the shop of any beacon not returned or returned in a damaged condition. In addition, if the beacon is not returned at the agreed upon date and time, the Undersigned shall also be held responsible for late fees. The Undersigned agree that Round House Ski & Sports Center is authorized and shall have the right to charge the Undersigned’s credit card for repair and/or replacement cost and for late fees at the full rental value of any additional time and/or days.
4. The Undersigned further understand and agree that a beacon is in no way a guarantee of safety and that no beacon can eliminate risks of injuries resulting from avalanches, and that skiing and snowboarding within the bounds of a ski area or in the backcountry and other related activities can expose the user to risks of injury or death that cannot be prevented by use of a beacon. This includes but is not limited to: falling; avalanches; cornices; suffocation; crevasses; tree wells, equipment failure; equipment malfunction; equipment damage; Renter’s improper use of equipment; Renter’s use of his/her own personal equipment; Renter’s failure to maintain or otherwise upkeep his/her own personal equipment; slick or uneven surfaces; slipping; tripping; loss of balance; rugged mountainous terrain; bumps; tree wells; downed timber; rocks of various sizes; holes; debris; marked and unmarked obstacles; drainage channels; varying visibility; unmaintained trails; path and/or trail obstructions; unmarked roads and/or trails; Renter or another acting in a negligent manner that may cause and/or contribute to injury to Renter or others, such as selecting terrain that exceeds his/her ability and not acting within such ability; Renter’s failure to comply with signage; collisions with natural or man-made objects or collisions with other people; falling objects; encounters with snowmobiles and/or other motor vehicles; becoming lost or separated; lack of shelter; lift loading, unloading, and riding; storms, lightning, hail, snow and other adverse weather; limited access to and/or delay of medical attention; Renter’s health condition; strenuous activity; fatigue; exhaustion; dehydration; hypothermia; high elevation; altitude sickness; frostbite; slopes; cliffs; gullies; streambeds; thick forests; mine shafts; and other natural hazards; & mental distress from exposure to any of the above.
5. The Undersigned acknowledge and understand that the description of the risks listed above are not complete and that participation in the Activity, whether or not described, may be dangerous and may also include risks which are inherent and/or which cannot be reasonably avoided without changing the nature of the activities. By signing this document, the Undersigned recognize that property loss, injury, serious injury and death are all possible while participating in the Activity. RECOGNIZING THE RISKS, THE UNDERSIGNED VOLUNTARILY AND EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH RENTER’S RENTAL AND PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
6. Additionally, in consideration for use of the beacon, THE UNDERSIGNED HEREBY AGREE NOT TO SUE Round House Ski & Sports Center, the equipment manufacturers or distributors, or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “Released Party””). Also, The UNDERSIGNED AGREE TO HOLD HARMLESS AND RELEASE ANY RELEASED PARTY FROM ANY AND ALL liability and/or claims for injury or death to persons or damage to property arising from Renter’s participation in the Activity, including, but not limited to, those claims based on any Released Party’s alleged or actual NEGLIGENCE or BREACH of any CONTRACT and/or express or implied WARRANTY.
7. The Undersigned take full responsibility for any property damage (including but not limited to equipment damage), injury or loss to Renter including death, which Renter may suffer, arising in whole or in part out of Renter’s participation in the Activity. By signing this Agreement, THE UNDERSIGNED AGREE NOT TO SUE any Released Party and agree Undersigned are releasing any right to make a claim or file a lawsuit against any Released Party.
8. By execution of this Agreement, the Undersigned also AGREE TO DEFEND AND INDEMNIFY/REIMBURSE each Released Party from any and all claims of the Undersigned and/or a third party arising in whole or in part from Renter’s use of the beacon.
9. In consideration for the rental and use of the beacon, the Undersigned agree that any and all claims for injury and/or death arising from the Renter’s use of this beacon shall be governed by montana law and exclusive jurisdiction of any claim shall be the District Court or in the Federal Court for the State of Montana.
10. In the case of a minor Renter, the undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Renter, the parent or legal guardian understands that he/she is also waiving certain rights on behalf of the minor that the minor otherwise may have. The undersigned parent or legal guardian agrees that but for the foregoing, the minor Renter would not be permitted to use or rent a beacon from Round House Ski & Sports Center.
11. By signing this Agreement without a parent or legal guardian’s signature, Renter, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Renter, signing adults represent that they are a legal parent or guardian of the minor Renter.
12. The Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the Undersigned’s intent that this Agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.
I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT OTHERWISE MAY EXIST.
I THE UNDERSIGNED, HAVE READ AND UNDERSTAND THIS EQUIPMENT RENTAL & LIABILITY RELEASE AGREEMENT.
CROSS COUNTRY SKI & SNOWSHOE RENTAL
Acknowledgement of Personal Information & Equipment Instruction
I have accurately represented the above listed information and it is true and correct. I will not use any of the equipment to be provided to be during this transaction until I have received instruction on its use and I fully understand its use and function.
EQUIPMENT RENTAL & LIABILITY RELEASE AGREEMENT
I accept for use AS IS the equipment listed on this form, and accept full financial responsibility for the care of the equipment while it is in my possession. I will be responsible for the replacement at full value of any equipment rented under this form, but not returned to the rental facility. I agree to return all rental equipment by the agreed date.
I understand that the binding system cannot guarantee the user’s safety. In cross-country skiing, snowshoeing and other sports utilizing equipment with non-release bindings, the binding system will not ordinarily release during use; these bindings are not designed to release as a result of forces generated during ordinary operation.
I understand that the sport of cross-country skiing and snowshoeing (collectively “RECREATIONAL SNOW SPORTS”) involve inherent and other risks of INJURY and DEATH. I voluntarily agree to expressly assume all risks of injury or death that may result from these RECREATIONAL SNOW SPORTS, or which relate in any way to the use of this equipment.
I AGREE TO RELEASE AND HOLD HARMLESS the equipment rental facility, its employees, owners, affiliates, agents, officers, directors and the equipment manufacturers and distributors and their successors in interest (collectively “PROVIDERS”), from all liability for injury, death, property loss and damage which results from the equipment user’s participation in the RECREATIONAL SNOW SPORTS for which the equipment is provided, or which is related in any way to the use of this equipment, including all liability which results from the NEGLIGENCE of PROVIDERS, or any other person or cause.
I further agree to defend and indemnify PROVIDERS for any loss or damage, including any that results from claims or lawsuits for personal injury, death, and property loss and damage related in any way to the use of this equipment.
This agreement is governed by the applicable law of this state or province. If any provision of this agreement is determined to be unenforceable, all other provisions shall be given full force and effect.
I THE UNDERSIGNED, HAVE READ AND UNDERSTAND THIS EQUIPMENT RENTAL & LIABILITY RELEASE AGREEMENT.
Junior Ski & Snowboard Season Lease Agreement & Release of Liability
Please read carefully before signing.
1. I accept for use “as is” the equipment listed on this form (the “equipment”), and accept full responsibility for the care of the equipment while it is in my possession.
2. I will be responsible for the replacement at full retail value of any equipment rented under this form, but not returned to the shop.
3. I agree to return all equipment by 6:00 pm on the agreed return date in clean condition to avoid any additional charges. Damaged equipment will be assessed on an individual basis, and additional fees up to full replacement value will be charged. Round House Ski & Sports Center reserves the right to charge user’s credit card for the full replacement value of all equipment not returned within thirty (30) days after the return date.
4. If I do not know how to use the equipment, I will ask a shop employee.
5. I have made no misrepresentations concerning my height, weight, age or skier type.
6. I verify that the visual indicator settings recorded on this form agree with the numbers appearing in the visual indicator windows of the ALPINE SKI equipment listed on this form.
7. I agree to hold harmless and indemnify Round House Ski & Sports Center and its owners, agents and employees, as well as the equipment manufacturers and distributors for any loss or damage, including any that results from claims for personal injury, death, or property damage related to the use of the equipment.
8. I understand that there are inherent and other risks involved in the sports of snow skiing and snowboarding, for which this equipment is to be used, that injuries are a common and ordinary occurrence of the sport, and I freely and voluntarily agree to expressly assume all risks of injury or death that may result from skiing and snowboarding or which relate in any way to the use of the equipment.
9. ALPINE SKI: I understand that a ski-binding-boot system will not release at all times or under all circumstances where release may prevent injury or death, nor is it possible to predict every situation in which it will release, and it is, therefore, no guarantee of my safety.
10. SNOWBOARD: I understand that the snowboarding equipment being furnished utilizes a snowboard/boot/binding system which is a NON RELEASE system and its use cannot guarantee the user’s safety and that this snowboard/ boot/binding system DOES NOT REDUCE THE RISK of injuries to any part of the user’s body.
11. This agreement is governed by the applicable laws of the state of Maine. If any provision of this agreement is determined to be unenforceable, all other provisions shall be given full force and effect.
12. I further agree that any claim or suit that I may bring for any reason against Round House Ski & Sports Center shall be brought only in the state or federal courts of Maine and that I must give Round House Ski & Sports Center, by certified mail, return receipt requested, to the address indicated above, written notice of any claim within sixty (60) days after the event giving rise to the claim.
13. I hereby release Round House Ski & Sports Center, and its owners, agents and employees, as well as the manufacturers and distributors of the equipment, from any and all liability for claims, whether sounding in negligence, misrepresentation, breach of express or implied warranty, breach of contract, products liability or other legal theory, for loss or damages for bodily injury, including death, to myself or any other person, or for loss or damages to my property or the property of any other person,; resulting from the selection, installation, maintenance, adjustment or use of the equipment.
14. I hereby assume the full risk and responsibility for any and all loss or damages, including claims for personal injury, including death, to myself or others, and claims for the damage to or destruction of property, whether belonging to me or to others, in any way arising from the use of the equipment.
I, THE UNDERSIGNED, HAVE READ AND UNDERSTAND THE EQUIPMENT RENTAL AND LIABILITY RELEASE AGREEMENT LOCATED ON THE FIRST PAGE OF THIS FORM. I AGREE TO ALL CONDITIONS SET FORTH. THE INFORMATION PROVIDED ON BOTH PAGES OF THIS FORM IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.
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