Demo Equipment Warning, Assumption of Risk, Liability Release, Indemnity and Hold Harmless Agreement and Agreement Not to SueWWSRA
(Western Winter Sports Representatives Assocation
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
I or my child wish to participate in an on-snow demonstration and testing event for winter sports equipment, and we agree to these terms as a condition of doing so. All information I will provide on this
Industry On-Snow Demo Event Participant Registration Form will be true and correct. If any information I have provided on this form changes between the time I filled out this form and the time I use the equipment I will fill out a new form with updated information before using the equipment. I understand that my failure to do so will increase the risk of harm to me. I agree not to use any of the equipment to be provided to me for this demo event until I have received instruction for its use and function and have received satisfactory answers to any questions I may have regarding its use and function. If at any time I feel this equipment does not seem to be functioning properly, I will stop using it immediately and return it for inspection and possible repair or adjustment by a qualified technician. My signature on this form affirms that I will verify that the visual indicator settings on this form (if any) agree with the visual indicator settings on any applicable equipment to be provided to me during this demo event. I agree to check all equipment to be provided to me before each use, and that this equipment will not be used if any parts are loose, worn, damaged or missing.
I agree to accept for use all the various equipment combinations to be provided to me during this demo event
“AS IS” and
WITH NO WARRANTIES, express or otherwise, beyond those stated in this agreement. I, further agree to accept full financial responsibility for the care of that equipment once it is provided to me, and I will be responsible for the replacement, at full retail value, of any equipment I receive, but do not return in good condition, normal wear and tear excepted, even if it is lost or stolen.
I understand that the binding system cannot guarantee the user’s safety. In downhill skiing, I understand and agree that the ski-boot-binding system is designed to release the boot from the ski when certain forces on the system reach preset values, but that the binding system
WILL NOT RELEASE OR RETAIN at all times or under all circumstances where release or retention might prevent injury or death, nor is it possible to predict every situation in which it will release or retain, and that it
CANNOT prevent all injuries to any part of the user’s body, and that unwanted release and retention are inherent risks of skiing that I voluntarily assume and accept.
In snowboarding, cross-country skiing, telemark skiing, skiboarding, snowshoeing and other sports utilizing equipment with non-release bindings, I understand and agree that the binding systems will
not ordinarily release during use; that they are not designed to release as a result of forces generated during ordinary operation or during falls or loss of control, that they
DO NOT RELEASE TO PROTECT against any type of injury, and that these features are inherent risks that I voluntarily assume and accept.
If I am using
any kind of alpine touring (AT) equipment, such as AT boots (with or without tech inserts) or AT bindings, either as a system or in combination with ordinary alpine skis, boots or bindings, I understand and agree that this equipment provides certain functionalities that I want, but
it may NOT provide the same degree of release and retention protection as standard Alpine boot and binding systems. I further understand and agree that not all AT components are compatible with each other, and that AT components may not be compatible with alpine components, even if the boot seems to fit into the binding, and that combining components that are not completely compatible with one another will create varying degrees of
increased risk of injuries from unwanted release or retention. I understand and agree that these increased risks of injury are inherent risks of skiing that I voluntarily assume and accept in exchange for my specific desire to use equipment of this type.
I further understand and agree that during
demo activities my own equipment and any equipment provided by others will not undergo the same degree or nature of inspection, testing or determination of release/retention settings or function that is undertaken in a typical ski shop setting, and that any
resulting increased risk of injury is an inherent risk of skiing that I voluntarily assume and accept
I understand that all forms of skiing, snowboarding, skiboarding, snowdecking, snowshoeing and other related sports (collectively “
RECREATIONAL SNOW SPORTS”) are
HAZARDOUS and that injuries are common and ordinary occurrences during these activities and involve inherent and other risks of
INJURY and
DEATH. I voluntarily agree to expressly assume all risks of injury or death that may result from these
RECREATIONAL SNOW SPORTS, or which relate in any way to the use of any equipment provided or used during these activities.
I understand and agree that certain risks of
RECREATIONAL SNOW SPORTS may be reduced, but not entirely eliminated, by taking lessons, by following
“YOUR RESPONSIBILITY CODE”, which is posted at most wintersport areas, and by using reasonable care and common sense. I further understand that a leash or other runaway prevention system should be used with this equipment at all times, including while riding lifts, in order to reduce the risk of injury to others.
I understand and agree that a helmet designed for
RECREATIONAL SNOW SPORTS use, when sized and fitted properly, will help reduce the risk of some types of injuries to the user at slow speeds. I understand and agree that no helmet can protect the wearer against all foreseeable impacts to the head, and that skiing, snowboarding and other RECREATIONAL SNOW SPORTS expose the user to forces that exceed the limits of protection provided by a helmet. I also understand that a helmet does not guard against injury to the neck, spine or any other part of my body, and that these limitations are
INHERENT RISKS of any activity in which this helmet will be used. I recognize that serious injury or death can result from both low and high-energy impacts, even when a helmet is worn; and that a damaged helmet should not be used, because damage may compromise the effectiveness of that helmet.
To the fullest extent allowed by law, and on behalf of myself and my family and heirs, I hereby
RELEASE all manufacturers, distributors, retailers and other providers of this equipment, including event producers WWSRA all persons who mount, adjust or service this equipment, the resort and all property owners, operators, managers, lessors and lessees where this equipment is used or dispatched, and all of their agents, employees, officers, directors, owners, sponsors and affiliated persons and companies (“
Released Parties”), from
ANY AND ALL RESPONSIBILITY OR LEGAL LIABILITY for any injuries, damages or death to me or to any other person, whether resulting from
NEGLIGENCE or any other cause. I further agree that
I WILL NEVER SUE the
Released Parties, and that
I WILL DEFEND AND INDEMNIFY the
Released Parties if any claim or action is pursued by any person arising out of any injuries, damages or death to me, or to others if they arise out of my activities involving any Recreational Snow Sports or any related activities involving the use of this equipment.
In the event that I elect to have the visual indicator settings of the bindings adjusted to a setting other than that recommended by the binding manufacturer, I acknowledge that I may experience an increased risk of injury. I understand and agree that, as a condition of obtaining these settings on the bindings, I forever
RELEASE, HOLD HARMLESS and
INDEMNIFY all Released Parties from any and all liability for any injury of any kind that results from the use of such settings.
This document is a
LEGALLY BINDING CONTRACT that supersedes any other agreements, warranties or representations involving this equipment, this event, and the Released Parties, and it constitutes the
FINAL AND ENTIRE AGREEMENT regarding this this equipment, this event, and the Released Parties. This agreement is intended to provide a
COMPREHENSIVE RELEASE OF LIABILITY in favor of the Released Parties to the greatest extent permitted by law, but is not intended to assert claims or defenses that are prohibited by law. If any provision of this contract is deemed illegal or unenforceable, all other provisions shall be given full force and effect. The parties’ specific legal rights may vary among states and provinces.
Your initials:
(please use only 2 letters, with no spaces)
DRUG AND ALCOHOL POLICY:
Any person whose ability or judgment is impaired by the use of alcohol and/or drugs (including marijuana) not taken at the direction of a physician is strictly forbidden from handling or demoing product. In the context of WWSRA events/demos, if your judgment is impaired you may not handle product as an exhibitor/tech rep or test product as an attendee.
Please note that in the event of an accident you will be held personally accountable. All accidents are subject to investigation by the resort and/or local authorities.
Your initials:
(please use only 2 letters, with no spaces)
SNOWBASIN RESORT
Release of Liability, Waiver & Indemnification Agreement
WWSRA Event at Snowbasin Resort | February 8th & 9th, 2022
RELEASE & INDEMNITY AGREEMENT
READ CAREFULLY BEFORE SIGNING
I, the undersigned, and if I am a person under 18 years of age, my parent or legal guardian and I (hereafter “I”) understand that my participation in the Western Winter Sports Representative Association event (hereafter “Event”) on February 8th & 9th, 2022, involves SIGNIFICANT RISK OF SERIOUS BODILY INJURY, PROPERTY DAMAGE OR EVEN DEATH. The risks include but are not limited to NATURAL, MAN MADE, AND ENVIRONMENTAL CONDITIONS AND RISKS, including falls; changing weather and snow surface conditions; avalanches; snow making and grooming equipment; variations in steepness or terrain; variations in natural and man-made obstacles; jumps; structures; rails and pipes; equipment failure; collisions with objects, structures, other people or equipment; negligence of others and exceeding my own abilities, which may cause severe or even fatal injuries.
In consideration of my participation in the Event and use of Snowbasin Resort Company facilities, I agree to the following:
- 1. I expressly agree to assume all risks of bodily injury, death, falls, accidents, and/or property damage, including those resulting from any negligence of Snowbasin Resort Company and its parent, subsidiary, brother, sister, and other closely-related affiliate companies, and its and their officers, directors, employees, agents, successors, assigns, and the sponsors of the Event (hereinafter collectively “Snowbasin”).
- 2. Release & Indemnity. To the fullest extent allowed by law, I agree to forever release Snowbasin from any and all claims for injuries, death, losses, and damages resulting in any way from my participation in the Event, skiing/snowboarding, use of lifts or base lodges, my participation in this Event’s trainings or demonstrations, including any negligence on the part of Snowbasin. My release includes all claims regarding the design, maintenance, manufacture, or conditions of Event site, terrain, structures or equipment utilized in the Event, express or implied warranties, product liability and the negligence of Snowbasin. To the fullest extent allowed by law, I agree to indemnify and hold Snowbasin harmless from all claims, damages or injuries in any way related to my participation in the Event, skiing/snowboarding, products liability or use of any facilities at Snowbasin, including breach of this Release, and will reimburse Snowbasin attorney’s fees and costs, even if Snowbasin was negligent.
- 3. I agree that no lawsuit will be filed by me or on my behalf against Snowbasin as a result of my participation in this Event or my use of Snowbasin’s lodges, lifts and/or facilities for any injuries or damages that I sustain even if Snowbasin was negligent. I understand that this is a contract, which limits my legal rights binding upon my heirs and my legal representatives. If portions of this Release are invalid, the remaining portions will remain intact and enforceable. Any lawsuits concerning my participation in the Event or this release must be brought in the Second District Court in the State of Utah, or Federal Court for the State of Utah. This Release shall be effective for all days of the Event and any set up and take down days.
- 4. I agree to conduct a careful inspection of any runs, terrain or facilities used by me in the Event or before any trainings or demonstrations. I agree that I am solely responsible for my safety and responsible for utilizing and maintaining the equipment necessary for my participation.
- 5. I represent and agree that I am physically, mentally and emotionally able to participate in the Event and that Snowbasin may, without compensation or reimbursement, revoke my participation for failure to follow this agreement and instructions from Snowbasin. I shall accept and abide by the rules and regulations of this Event, including wearing safety equipment. I am responsible for all equipment needed for the Event.
- 6. I irrevocably grant and agree that Snowbasin shall have the right to use, air, publish or reproduce photographs, video and/or pictures of my name, image and likeness for any lawful purpose.
- 7. I HAVE READ, UNDERSTOOD AND VOLUNTARILY SIGNED THIS RELEASE OF LIABILITY.
(please use only 2 letters, with no spaces)