POWDERHORN SEASON PASS WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
The person for whom this season pass is purchased shall be referred to hereinafter as “HOLDER”. “THE UNDERSIGNED” means only the HOLDER when the HOLDER is age 18 or older OR it means both the HOLDER and the HOLDER’s parent or legal guardian when the HOLDER is under the age of 18. THE UNDERSIGNED agree and understand that skiing, snowboarding and using ski area facilities, including the lifts, for any purpose (hereinafter the “ACTIVITY”) can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH. THE UNDERSIGNED are advised that a person using any of the facilities of the ski area is considered a skier.
THE UNDERSIGNED acknowledge and understand the following WARNING concerning the dangers and risks of skiing and understand that the HOLDER, as a “skier” under Colorado law, ASSUMES THE FOLLOWING RISKS:
WARNING Under Colorado law, a skier assumes the risk of any injury to person or property resulting from any of the inherent dangers and risks of skiing and may not recover from any ski area operator for any injury resulting from any of the inherent dangers and risks of skiing, including: Changing weather conditions; existing and changing snow conditions; bare spots; rocks; stumps; trees; collisions with natural objects, man¬made objects, or other skiers; variation in terrain; cliffs, Extreme Terrain, jumps, freestyle terrain and the failure of skiers to ski within their own abilities.
THE UNDERSIGNED further agree and understand that risks associated with the ACTIVITY, in addition to those previously listed, include, but are not limited to: marked and unmarked obstacles, slick or uneven walking surfaces, surfaces covered with ice and snow, rugged mountainous terrain, and high altitude. Pursuant to Colorado law, HOLDER assumes the responsibility of maintaining control at all times while engaging in the ACTIVITY. HOLDER is responsible for reading, understanding and complying with all signage, including instructions on use of lifts. HOLDER must have the physical dexterity and knowledge to safely load, ride and unload the lifts. HOLDER assumes the risks of riding the lifts and engaging in activities accessible from the lifts.
THE UNDERSIGNED are advised that snowmobiles, snowmaking, and snow¬grooming equipment may be encountered at any time. THE UNDERSIGNED recognize that falls and collisions occur and injuries are a common and ordinary occurrence of the ACTIVITY. RECOGNIZING THESE RISKS, HOLDER VOLUNTARILY CHOOSES TO TAKE PART IN THE ACTIVITY. In consideration of allowing HOLDER to use the ski area facilities, THE UNDERSIGNED agree to ASSUME ALL RISKS associated with the HOLDER’s participation in the ACTIVITY. Additionally, THE UNDERSIGNED agree to HOLD HARMLESS, RELEASE, DEFEND AND INDEMNIFY Powderhorn Recreation and Development Company, L.L.C., d/b/a Powderhorn Resort, its affiliated organizations and companies, the United States, and all of their respective insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “RELEASED PARTY”) for ANY AND ALL LIABILITIES and/or claims for injury or death to persons or damage to property arising from HOLDER’s engagement in the ACTIVITY, including those claims based on any Released Party’s alleged or actual NEGLIGENCE or BREACH of any express or implied WARRANTY.
THE UNDERSIGNED take full responsibility for any injury or loss to HOLDER, including death, which HOLDER may suffer, arising in whole or in part out of the ACTIVITY. By signing this release, THE UNDERSIGNED AGREE NOT TO SUE any RELEASED PARTY and agree they are releasing any right to make a claim or file a lawsuit against any RELEASED PARTY. THE UNDERSIGNED further AGREE TO DEFEND AND INDEMNIFY each RELEASED PARTY for any and all claims of THE UNDERSIGNED and/or a THIRD PARTY arising in whole or in part from the HOLDER’s participation in the ACTIVITY. THE UNDERSIGNED agree to pay all costs and attorney’s fees incurred by any RELEASED PARTY in defending a claim or suit brought by or on behalf of THE UNDERSIGNED. HOLDER understands that entering or skiing in a “CLOSED” area is illegal.
The ski area operator shall have the right to confiscate or revoke the privileges conferred by the pass where in the sole judgment of its representative the HOLDER: 1) acts in any manner that endangers or may endanger the safety of HOLDER or any other person; 2) violates the law; 3) provides ski lessons or related services for compensation without express authorization; or 4) engages in misconduct or creates a nuisance. Such acts may also be prosecuted as a criminal offense. The pass is NOT TRANSFERABLE and CANNOT BE RESOLD. The pass may be confiscated with no re¬issue, if in the sole judgment of a representative of the ski area operator it is used in a fraudulent manner. Re¬issued passes may be subject to a replacement fee.
THE UNDERSIGNED acknowledge their affirmative duty to immediately notify the ski area operator if HOLDER’s pass is lost or stolen. In consideration of using the ski area facilities, THE UNDERSIGNED agree that ANY AND ALL CLAIMS for injury and/or death arising from HOLDER’s participation in the Activity shall be GOVERNED BY COLORADO LAW and EXCLUSIVE JURISDICTION of any claim shall be in the DISTRICT COURT residing where the alleged incident occurred or in the FEDERAL COURT FOR THE STATE OF COLORADO. In the case of a minor HOLDER, the undersigned parent or legal guardian acknowledges that he/she is also signing this release on behalf of the minor and that the minor shall be bound by all the terms of this release. Additionally, by signing this release as the parent or legal guardian of a minor HOLDER, the parent or legal guardian understands that he/she is waiving certain rights on behalf of the minor that the minor otherwise may have. The undersigned parent or legal guardian agree that but for the foregoing, the minor HOLDER would not be permitted to participate in the ACTIVITY accessed through the use of this pass. By signing this agreement without a parent or guardian’s signature, the HOLDER represents that they are at least 18 years of age, and, if signing as the parent or guardian of a minor HOLDER, you represent that you are the legal parent or guardian of the minor HOLDER. This release shall be binding to the fullest extent permitted by law. If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. This release 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 LIABILITY RELEASE, UNDERSTAND ITS CONTENTS, AND AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OTHERWISE MAY HAVE.
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