KIDS ZONE WAIVER
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS & INDEMNITY 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
1. The person who is participating in the Kids Zone, shall be referred to hereinafter as “Participant.” The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. The Undersigned agree and understand that the participation in the Kids Zone, for any purpose (hereinafter the “Activity”), can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH.
2. PARTICIPANT IS ADVISED THAT EVEN THOUGH THE SKI AREA OPERATOR MAY PROVIDE A SKI PASS, LIFT TICKETS, DISCOUNTS OR OTHER NON-CASH REMUNERATION IN CONJUNCTION WITH THE VOLUNTEERING OF TIME OR SERVICES TO THE SKI AREA OPERATOR, THE PARTICIPANT IS NOT AN EMPLOYEE OF THE SKI AREA OPERATOR. PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT VOLUNTEERS HIS/HER TIME AND/OR SERVICES FOR HIS/HER OWN PLEASURE AND ENJOYMENT AND WILL RECEIVE NO WAGES, BENEFITS, OR OTHER COMPENSATION THEREFOR. ACCORDINGLY, PURSUANT TO COLORADO LAW, THE PARTICIPANT REALIZES THAT PARTICIPANT IS SPECIFICALLY EXCLUDED, UNDER COLORADO LAW, FROM RECEIVING ANY WORKER’S COMPENSATION BENEFITS FROM THE SKI AREA OPERATOR. PARTICIPANT ASSUMES THE RESPONSIBILITY FOR ALL MEDICAL COSTS ASSOCIATED WITH ANY INJURY PARTICIPANT MAY SUSTAIN WHILE ENGAGING IN THE ACTIVITY. THE UNDERSIGNED FURTHER UNDERSTANDS THAT PARTICIPANT AND/OR THE SKI AREA OPERATOR MAY DISCONTINUE PARTICIPANT’S VOLUNTEER SERVICES AT ANY TIME.
3. 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 dangers and risks of skiing and understand that the Participant, as a “skier” under Colorado law, ASSUMES ALL INHERENT DANGERS AND RISKS as provided by the Colorado Ski Safety Act (hereinafter “Act”).
4. The Undersigned further understand and agree that in signing this Agreement, the Undersigned are expressly acknowledging and assuming additional risks and dangers that may result in property damage, physical injury and/or death above and beyond those outlined in the Act, including but not limited to:
Falling; avalanches; crevasses; drills; exercises; free skiing; practice slopes; warm-up slopes; equipment failure; equipment malfunction; equipment damage; 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; Participant’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, and other adverse weather; limited access to and/or delay of medical attention; Participant’s health condition; strenuous activity; dehydration; hypothermia; altitude sickness; frostbite; & mental distress from exposure to any of the above.
5. Pursuant to Colorado law, Participant assumes the responsibility of maintaining control at all times while engaging in the Activity. Participant is responsible for reading, understanding and complying with all signage, including instructions on use of lifts. Participant must have the physical dexterity and knowledge to safely load, ride and unload the lifts.
6. The Undersigned acknowledge and understand that the description of the risks listed above is not complete and that participating 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 Activity.
7. Additionally, in consideration for allowing the Participant to participate in the Activity, THE UNDERSIGNED HEREBY AGREE NOT TO SUE AND TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE & INDEMNIFY Vail Resorts, Inc., The Vail Corporation d/b/a Vail Resorts Management Company (“VRMC”), their affiliated companies and subsidiaries, including but not limited to those that operate the Vail, Beaver Creek, Keystone and Breckenridge resorts, The Vail Valley Foundation, F.I.S., United States Ski & Snowboard Association, TIAA Bank and all their respective insurance companies, successors in interest, commercial & corporate sponsors, affiliates, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “Released Party””) for any property damage (including but not limited to equipment damage), injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activity. By agreeing not to sue, the Undersigned are releasing any right to make a claim or file a lawsuit against any Released Party. Also, the UNDERSIGNED AGREE TO HOLD HARMLESS AND RELEASE EACH AND EVERY RELEASED PARTY FROM ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from 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. It is understood 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 ACTIVITY.
THE UNDERSIGNED FURTHER RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT MAY EXIST AGAINST ANY RELEASED PARTY AND UNDERSTAND THIS RELEASES ALL CLAIMS, INCLUDING THOSE OF WHICH UNDERSIGNED IS NOT AWARE, THOSE NOT MENTIONED IN THIS RELEASE AND THOSE RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW.
THE UNDERSIGNED 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 ACTIVITY OR FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS AGREEMENT.
8. The Undersigned represent that Participant is in good health and there are no special problems associated with Participant’s condition. The Undersigned: 1) authorize a licensed physician and/or other medical care provider to carry out any emergency medical care for Participant; 2) authorize any Released Party and/or their authorized personnel to call for medical care for the Participant or to transport the Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agree that upon Participant’s transport to any such medical facility or hospital that the Released Party shall not have any further responsibility for Participant; 4) agree to pay all costs associated with the medical care and related transportation provided for Participant; and 5) shall indemnify and hold harmless the Released Parties from any and all liability and/or claims associated with such medical care and/or related transportation.
9. The Undersigned irrevocably grants VVF the right of publicity to own and use without compensation any image(s) collected of Participant while participating in the Activity.
10. In consideration for allowing Participant to participate in the Activity, the Undersigned AGREE THAT ANY AND ALL CLAIMS for injury and/or death arising from the Participant’s participation in the Activity shall be GOVERNED BY COLORADO LAW and EXCLUSIVE JURISDICTION of any claim shall be the DISTRICT COURT OF EAGLE COUNTY, COLORADO or in the FEDERAL COURT FOR THE STATE OF COLORADO.
11. In the case of a minor Participant, 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 Participant, 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 Participant would not be permitted to participate in the Activity.
12. By signing this Agreement without a parent or legal guardian’s signature, Participant, 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 Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.