2023 XFINITY BIRDS OF PREY AUDI FIS WORLD CUP
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
In consideration of and as a condition to Participant (as defined below) being allowed to participate in the Activity (as defined below), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Undersigned (as defined below) agree as follows:
- “Participant” means any person engaging in the Activity, and includes, without limitation, any person participating in the preparation, operation, tear-down, or viewing of the Activity, any person involved in training, coaching, or any other related activities, including, without limitation, early season race training or ski wax testing, and any Activity staff, volunteers, vendors, contractors, VIP spectators, and invitees and representatives of Released Parties (as defined in Section 8 below). 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 preparation, operation, tear-down, viewing and related activities, skiing, snowboarding, race training, racing, competition and/or using any of the areas or facilities of the event area, including but not limited to use of the transportation, parking lots, walkways, stairs, lodges, viewing areas, restaurants, lifts, ski slopes, trails, and other equipment or areas, for any purpose (hereinafter the “Activity”), can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH.
- FOR PARTICIPANTS WHO ARE VOLUNTEERS: PARTICIPANT IS ADVISED THAT EVEN THOUGH THE SKI AREA OPERATOR AND/OR VAIL VALLEY FOUNDATION (“VVF”) 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 AND/OR VVF, THE PARTICIPANT IS NOT AN EMPLOYEE OF THE SKI AREA OPERATOR, VVF OR ANY RELEASED PARTY. 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 OR PAYMENTS THEREFOR FROM SKI AREA OPERATOR, VVF OR ANY RELEASED PARTY. 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, VVF OR ANY RELEASED PARTY. 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 VVF MAY DISCONTINUE PARTICIPANT’S VOLUNTEER SERVICES AT ANY TIME.
- Participant agrees to comply with all rules, policies, directions and instructions (including all verbal directions and instructions) of the ski area operator and VVF regarding the Activity, including, without limitation all health and safety policies. Failure to comply with any such rules, policies, directions and instructions may result in denial of access to the Activity premises, dismissal or disqualification from the Activity, and removal from the Activity premises.
- 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”).
- The Undersigned further understand and agree that in signing this Agreement, the Undersigned are expressly acknowledging and assuming any and all 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; suffocation; avalanches; crevasses; drills; exercises; free skiing; practice slopes; warm-up slopes; equipment failure; equipment malfunction; equipment damage; Participant’s improper use of equipment; Participant’s use of 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; Participant or another acting in a negligent manner that may cause and/or contribute to injury to Participant or others; Participant’s failure to comply with signage; collisions with natural or man-made objects or collisions with other people; falling objects; snow or ice from natural or man-made sources; encounters with snowmobiles and/or other motor vehicles; encounters with unmanned aircraft or drones; becoming lost or separated; lack of shelter; lift loading, unloading, and riding; photography and videography; storms and other adverse weather; limited access to and/or delay of medical attention; Participant’s health condition; strenuous activity; fatigue; exhaustion; dehydration; hypothermia; altitude sickness; frostbite; being exposed to or contracting COVID-19 (as defined by the World Health Organization) and any strains, variants, or mutations thereof, the coronavirus that causes COVID-19 and/or any other communicable and/or infectious diseases, viruses, bacteria or illnesses or the causes thereof (collectively, “Communicable Disease”); and mental distress from exposure to any of the above.
- 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. Participant assumes the risks of riding the lifts and engaging in activities accessible from the lifts. Further, the Undersigned understand that a minor Participant may use the ski lifts without an adult present. The Undersigned are advised that snowmobiles, snowmaking, and snow-grooming equipment may be encountered at any time, and the Undersigned recognize that falls and collisions occur and injuries are a common and ordinary occurrence of the Activity.
- 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.
- THE UNDERSIGNED HEREBY AGREE NOT TO SUE AND TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE AND 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, VVF, Fédération Internationale de Ski, United States Ski & Snowboard, the United States Forest Service, Beaver Creek Resort Company, The Park Hyatt Beaver Creek, and all their respective insurance companies, successors in interest, commercial and corporate sponsors, vendors, affiliates, agents, employees, representatives, contractors, volunteers, 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, RELEASE AND INDEMNIFY 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, WITHOUT LIMITATION, 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, AND NEGLIGENT RESCUE OPERATIONS.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.
- The Undersigned represent that Participant understands the nature of the activities associated with the Activity, and that Participant is qualified, in good health, and in proper physical condition to participate in the Activity. The Undersigned acknowledge that if the Undersigned believes Activity conditions are unsafe in any way, Participant will immediately discontinue Participant’s participation in the Activity. The Undersigned: a) authorize a licensed physician and/or other medical care provider to carry out any emergency medical care for Participant; b) 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; c) 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; d) agree to pay all costs associated with the medical care and related transportation provided for Participant; and e) 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.
- The Undersigned irrevocably grant VVF and VRMC, and their respective affiliates, designees, successors and assigns, and each of them, an unrestricted, perpetual, universal, irrevocable, royalty-free and transferable license to use the name, image, likeness and other personal attributes collected in any manner whatsoever of Participant while participating in the Activity, and to copy, modify, distribute, display and present same in any manner and in any medium (whether now or hereafter existing, including, without limitation, online, wireless, mobile, broadcast, telecast or photograph), in any form, media or format, for any purpose whatsoever, and without notice, approval, attribution or compensation. The Undersigned acknowledge and agree that any photographs, video, film, recordings or other memorializations of Participant’s participation in the Activities shall be owned by VVF, VRMC and their respective designees, as applicable.
- The Undersigned AGREE THAT ANY AND ALL CLAIMS related to this Agreement 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.
- 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.
- 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.
- If any provision of this Agreement is unenforceable, it shall be modified to the extent reasonably necessary to make the provision legal, valid and binding. No statements regarding the effect of this Agreement, not contained in this Agreement, shall modify the terms of this Agreement. In any proceeding or other attempt to enforce, construe or to determine the validity of this Agreement, the nonprevailing party will pay the reasonable expenses of the prevailing party, including, without limitation, reasonable attorneys’ fees and costs. This Agreement shall be binding upon the Undersigned, and their respective successors, assignees, parents and legal guardians, subrogors, heirs, next of kin, legal and personal representatives, and anyone who obtains any rights from or through the Undersigned. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of laws principles.
- THE UNDERSIGNED HAS READ THIS AGREEMENT AND HAS VOLUNTARILY PROVIDED THE ELECTRONIC EQUIVALENT OF THE UNDERSIGNED’S SIGNATURE BY CLICKING “ACCEPT” BELOW UNDER PENALTY OF PERJURY, AND ACKNOWLEDGES THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THE FOREGOING WRITTEN STATEMENT HAVE BEEN MADE OR OFFERED TO THE UNDERSIGNED BY ANY RELEASED PARTY.