RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK & INDEMNITY AGREEMENT
This Agreement is a release of liability and waiver of certain legal rights, including the right to sue or claim compensation.
Acknowledgement. I understand that each person participating in the Activities is a “Participant.” I am signing this on my own behalf and, if a Participant is under the age of 18, I am signing on behalf of the minor/child/infant as that Participant’s parent or legal guardian. If a minor/child/infant Participant is participating in the Activities, I represent that I am the minor/child/infant Participant’s parent or legal guardian and that I VOLUNTARILY GRANT PERMISSION FOR HIM/HER TO TAKE PART IN THE ACTIVITIES. I acknowledge that the minor/child/infant SHALL BE BOUND BY ALL THE TERMS OF THIS RELEASE. If my child is participating, I also acknowledge that: (a) I have spoken to my child about the Activities; (b) my child understands and appreciates the risks of participating in the Activities; and (c) my child is voluntarily participating in the Activities. By signing this Agreement without a parent or guardian’s signature, I represent that I am at least 18 years old. I AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, arising from any misrepresentations in or fraudulent execution of this Agreement.
Activities. I understand that all recreational activities performed and use of the ski area and summer activity facilities, walkways or chairlifts/gondolas for any reason at Antelope Butte Mountain Recreation Area (collectively, the “Activities”) CAN BE HAZARDOUS AND PRESENT A RISK OF PHYSICAL INJURY OR DEATH. The Activities include, but are not limited to, skiing, snowboarding, zip lines, scenic chairlift rides, tubing, sledding, hiking, sightseeing and other recreational activities, whether guided, instructed, self-directed or otherwise.
Assumption of Risk. I understand that all Activities carry certain risks, inherent and otherwise, including but not limited to, injury or death caused by: falling or loss of balance; loss of control; high speeds; strenuous activity; equipment failure (including unexpected loss of braking or handling) or improper use; the natural rugged environment; wildlife; and the negligence of the activity operator, instructor, or other participants. In addition, the Activities carry certain unique risks, which include but are not limited to, injuries or death caused by: (a) collisions or entanglements with other people, ropes/cables, equipment and natural or manmade objects, (b) forest growth/downed timber, rocks, loose gravel, streams, creeks, holes, potholes, debris and other rugged, steep, slippery, or otherwise dangerous terrain, (c) high altitude and extreme weather, (d) other natural or constructed features, such as bridges, ramps, berms, and bumps, (e) misloading, entanglements, or falls from chairlifts/gondolas and (f) trail configuration, unmaintained or unmarked trails/roads, or trail obstructions. I understand that the description of the risks in this Agreement is not complete and voluntarily choose for Participant to participate in and EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITIES AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS resulting therefrom, whether or not described here, known or unknown, inherent or otherwise.
Participant Understanding and Acceptance of Risk. I expressly acknowledge that: (a) Participant has been informed of and understands all rules and regulations of participation in the Activities; (b) Participant is responsible for understanding and complying with all signage, including instructions on use of the lifts; (c) Participant must have the physical dexterity and knowledge to safely load, ride and unload the lifts; (d) equipment and obstacles may be encountered at any time; (e) that falls and collisions occur and that injuries are a common and ordinary occurrence of the Activities; (f) Participant has the opportunity to inspect the activity courses and venues prior to participating in the Activities; (g) PARTICIPANT ASSUMES THE RISK OF ALL COURSE AND VENUE CONDITIONS.
No Warranties. I agree to accept any equipment “AS IS” and WITH NO WARRANTIES, express or implied. I agree that the Participant listed on this form will be the only person using the equipment and will not use it until Participant has received and understands instructions on its use and function.
Release and Waiver. Additionally, in consideration for allowing the Participant to participate in the Activities, 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 Antelope Butte Mountain Recreation Area, including Antelope Butte Foundation, Inc. or Antelope Butte Mountain Recreation Area, LLC, Bighorn National Forest Service, PURENERGY Fitness, Science Kids, SHARE Winter Foundation, Sheridan County School Districts #1 and #2, Big Horn County School District, the promoters, the sponsors, the organizers, the promoter clubs, the officials and any agent, representative, officer, director, employee, member or affiliate of any person or entity named, each of their affiliated companies and subsidiaries, the United States, and all their respective insurance companies, successors in interest, commercial & corporate sponsors, affiliates, agents, employees, representatives, assignees, officers, directors, and shareholders (each a “Released Party”) FOR ANY INJURY, INCLUDING DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, WHICH I OR PARTICIPANT MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES, 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. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT AGAINST THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES.
IN FURTHER CONSIDERATION FOR ALLOWING PARTICIPANT TO PARTICIPATE IN THE ACTIVITIES, 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.
Payment of Attorney’s Fees. I ALSO AGREE TO PAY ALL COSTS, INCLUDING ATTORNEYS’ FEES, INCURRED BY ANY RELEASED PARTY IN DEFENDING AN INVESTIGATION, CLAIM OR LAWSUIT BROUGHT BY OR ON PARTICIPANT’S BEHALF WHETHER ARISING IN WHOLE OR IN PART FROM PARTICIPANT’S PARTICIPATION IN ANY ACTIVITIES OR FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS AGREEMENT.
Representations of Participant or Parent/Guardian. I represent that Participant is in good health and that there are no special problems associated with Participant’s physical or mental condition. I authorize a licensed physician or other medical care provider to carry out any emergency medical care for Participant that may be necessary and agree to be fully responsible for any associated costs.
Governing Law. I agree that any and all claims for loss, injury and/or death arising from the Participant’s participation in the Activities shall be governed by the law of the State of Wyoming and that exclusive jurisdiction of any such claim shall be in a court of competent jurisdiction in the in the State of Wyoming.
Use of a Helmet. USE OF A HELMET IS STRONGLY RECOMMENDED. I understand that (a) A HELMET IS IN NO WAY A GUARANTEE OF SAFETY, (b) no helmet can protect the Participant against all foreseeable impacts to the head and (c) biking and other activities can expose the Participant to forces that exceed the limits of protection provided by a helmet.
Severability. I understand that this Agreement will apply for each and every day Participant engages in any Activities during the applicable operating season. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. This Agreement shall be binding upon my and/or the Participant’s assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.
Media Release. By participating in the Activities, I hereby grant on behalf of myself and/or the Participant the Antelope Butte Mountain Recreation Area, including Antelope Butte Foundation, Inc. or Antelope Butte Mountain Recreation Area, LLC, and its partner organizations to use my or my child’s photograph, audio recording, and video recording to be used publicly for promotion of the Antelope Butte Mountain Recreation Area. I understand that photographs, audio recordings, and video recordings may be used in printed publications, online publications, presentations, websites, and social media. I understand that no royalty, fee, or other compensation shall become payable to me and/or the Participant by reason of such use.
Headings. The headings for each section herein are for convenience and shall not affect the meaning of the provisions of this Agreement.
This RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK & INDEMNITY AGREEMENT shall be binding upon me, as well as my and/or the Participant’s assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.
By agreeing to the RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK & INDEMNITY AGREEMENT as Parent/Guardian, I am consenting to the minor’s participation in and transportation to/from the Activities and acknowledge that I understand that any and all risk, whether known or unknown, is expressly assumed by me and all claims, whether known or unknown, are expressly waived in advance.