ASSUMPTION OF RISK, WAIVER OF CLAIMS, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT
WARNING: PLEASE READ CAREFULLY BEFORE SIGNING! THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
I understand that participation in skiing, ski racing, race training, snowboarding and snowboarding or skiing clinics, instructions, and education (“the Event”) involves RISKS, DANGERS and HAZARDS. These risks, dangers and hazards include, but are not limited to, changing and unpredictable weather conditions, collision with other participants, failure or improper use of equipment, slipping or falling, collision with natural or man-made obstacles and structures, equipment failure, and exceeding one's own abilities.
I UNDERSTAND THAT SKIING, SNOWBOARDING, SKI/RIDE INSTRUCTION, SKIING WITH A HIRED SKI BUDDY, RACING/COMPETING, AND/OR USING ANY OF THE SKI AREA FACILITIES, including but not limited to use of the parking lots, walkways, lodges, restaurants, lifts, over-snow vehicles, terrain parks/features and race courses, for any purpose (the “Activity”), CAN BE HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY OR DEATH. I AGREE THAT “SKI AREA FACILITIES” AND “ACTIVITY” ALSO INCLUDE TUBING, ICE SKATING, SLEDDING, ZIP-LINING, ROPES COURSES, ROCK CLIMBING, ALPINE COASTERS AND ANY OTHER FAMILY OR ADVENTURE ACTIVITY AVAILABLE AT OR THROUGH THE SKI AREA. I understand that risks related to the Activity include but are not limited to: falling or loss of balance; icy, slick or uneven surfaces; avalanches, cornices and crevasses; collisions with natural or man-made objects, other people, snowmobiles and/or other motor or over-snow vehicles; bumps; moguls; tree wells and stumps; downed timber and other forest growth; rocks, drainage channels, streams, creeks, holes, debris, and other rugged mountainous terrain; marked and unmarked obstacles; unmaintained or unmarked trails/roads or trail obstructions; the negligence or failure of the participant, Ski Area employees, or other guest to act safely (including an instructor’s selection of terrain that exceeds the participant’s ability) or within their own ability including failure to stay within designated areas and comply with signage; falling snow or ice from natural or man-made sources; equipment malfunction, failure or damage; improper use or maintenance of equipment; misloading, entanglements, or falls from ski lifts; varying visibility, storms, lightning, hail, snow and other adverse weather; becoming lost or separated; lack of shelter; limited access to and/or delay of medical attention; the participant’s health condition, physical exertion, exhaustion, dehydration, hypothermia, altitude sickness, or frostbite; and/ or mental distress from exposure to any of the above.
I understand that INJURIES OF ALL TYPES ARE A COMMON AND ORDINARY OCCURRENCE of the Event and Activity. I know that the risk of SEVERE INJURY and even DEATH could occur. I also know that personal ski guide, ski buddy, training, coaching, instruction, supervision and enforcement of rules provided by the PAOLO SPORTS TRAVEL LLC dba PAULSKI, its subsidiaries, affiliates, officers, directors, volunteers, employees, coaches, contractors and representatives, local ski clubs, competition organizers and sponsors, and ski and snowboard facility operators (hereinafter the term “PAULSKI” shall be used to refer to all such persons and entities collectively) do not and cannot guarantee my safety.
With full knowledge and understanding of the RISK OF SEVERE INJURY AND DEATH involved participating in the Event and Activity, I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I MAY SUFFER TEMPORARY, PERMANENT OR EVEN FATAL INJURIES while participating in the Event and Activity, even if I follow the instructions or advice of PAULSKI.
In consideration of PAULSKI’ permitting me to participate in the Event and Activity, and in spite of the risk of severe or permanent injury, or even death, the undersigned (hereinafter “Participant”) agrees to comply with and be bound by the following terms at all times, whether training or practicing for competition or the show, or in competition or during the show:
Participant, by and through his/her undersigned parent or legal guardian hereby unconditionally WAIVES AND RELEASES ANY AND ALL CLAIMS, AND AGREES TO HOLD HARMLESS, DEFEND, AND INDEMNIFY Paolo Sports Travel LLC dba PAULSKI, Paul Yeh, their respective officers, directors, employees, agents, subsidiaries, affiliates, volunteers, representatives, and assigns, (“The Released Parties”) FROM ANY CLAIMS, present or future, to Participant or his/her property, or to any other person or property, for any loss, damage, expense, or injury (including DEATH), suffered by any person from or in connection with participation in the Event, due to any cause whatsoever, INCLUDING NEGLIGENCE of the Released Parties and/or breach of express or implied warranty on the part of the released parties.
I AGREE, to the greatest extent permitted by law, TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE PAOLO SPORTS TRAVEL LLC dba PAULSKI, Paul Yeh, their respective officers, directors, employees, agents, subsidiaries, affiliates, volunteers, representatives, and assigns, shareholders, and all their respective insurance companies (each a “Released Party”) FOR ANY INJURY, INCLUDING DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, WHICH I OR THE PARTICIPANT MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF THE PARTICIPANT’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 OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING IN BRITISH COLUMBIA ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY. In consideration for allowing the participant to participate in the Activity, I FURTHER RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT I MAY NOW HAVE AGAINST ANY RELEASED PARTY AND UNDERSTAND THIS RELEASES ALL CLAIMS, INCLUDING THOSE OF WHICH I AM NOT AWARE, THOSE NOT MENTIONED IN THIS RELEASE AND THOSE RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW. I AGREE TO DEFEND AND INDEMNIFY EACH RELEASED PARTY FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, WHETHER ARISING IN WHOLE OR IN PART FROM THE PARTICIPANT’S PARTICIPATION IN ANY ACTIVITY OR FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS AGREEMENT. I AGREE THAT ANY AND ALL CLAIMS for injury, death and/or loss regarding an alleged incident SHALL BE GOVERNED BY THE LAW OF THE STATE OR PROVINCE WHERE THE ALLEGED INCIDENT OCCURRED and EXCLUSIVE JURISDICTION shall be in a court of competent jurisdiction in the State or Province where the alleged incident occurred (except that all claims arising at a California ski resort shall be governed by California law and exclusive jurisdiction shall be in a California court of competent jurisdiction). By participating in an event provided by PAOLO SPORTS TRAVEL LLC dba PAULSKI, I grant the Released Parties the right of publicity to own and use any image collected of Participant while participating in the Activity.
Participant hereby RELIEVES The Released Parties OF AND FROM ANY DUTY TO PROTECT PARTICIPANT FROM HARM in connection with The Event.
Participant authorizes PAULSKI to obtain medical care for, or transport him/her to a medical facility or hospital if, in the opinion of PAULSKI, medical attention is required and Participant is unable to make such decisions for himself/herself. Participant agrees to pay all costs associated with such medical care and related transportation and shall DEFEND, INDEMNIFY AND HOLD HARMLESS The Released Parties of and from the consequences of such decision and from any such costs incurred relating to the provision of medical care.
HAVING CAREFULLY READ THE FOREGOING AND UNDERSTANDING IT TO BE A LEGALLY BINDING RELEASE AND INDEMNITY AGREEMENT, PARTICIPANT SIGNIFIES HIS/HER ASSENT TO THE ABOVE TERMS BY SIGNING BELOW. IF THE PARTICIPANT IS UNDER THE AGE OF 18 YEARS, PARTICIPANT’S LEGAL GUARDIAN MUST AFFIX HIS/HER SIGNATURE BELOW. BY DOING SO LEGAL GUARDIAN AGREES TO RELEASE ALL RIGHTS BELONGING TO HIM/HERSELF AND MINOR CHILD PARTICIPANT PURSUANT TO THE TERMS OF THIS AGREEMENT.
PARTICIPANT/LEGAL GUARDIAN IF PARTICIPANT IS UNDER 18 YEARS OF AGE