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)
Brighton Resort Event
Please Read Carefully Before Signing.
This is a Release of Liability and Waiver of Certain Legal Rights.
In consideration of Brighton Resort, its employees, officers, owners, directors, affiliates and related corporations (hereinafter “Ski Area”), allowing Participant named here to participate in the WWSRA DEMO, (hereinafter “The Event) It is agreed on behalf of Participant and / or his/her heirs, assigns and representatives (hereinafter collectively “Participant”) that:
1. Notification of Risks
Participant agrees and understands that participation in the event is a HAZARDOUS ACTIVITY (hereinafter “Activity”). Further, Participant recognizes that there are risks including, but no limited to, variation in terrain and surface conditions, falls, loss of control, collisions with other skiers or with natural and manmade objects, and aerial maneuvers. I recognize that injuries are a common and ordinary occurrence of the Activity. I hereby agree to freely and expressly assume and accept all risks of property damage, injury or death to the Participant while engaged in the Activity. Further, the Participant Voluntarily elects to participate in the activity.
2. Assumption of Risk
Participant assumes all risks which may be associated with and / or result from my involvement in the Activity, and hereby agree to hold harmless, release, defend and indemnify Ski Area of and from any liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury, including death, that may be sustained by Participant while engaged in the Activity, including, but not limited to, those injuries and damages caused by the negligence and/or breach of warranty, express or implied on the part of Ski Area.
3. Release From Liability and Covenant Not to Sue
In consideration for being permitted to engage in the Activity at the Ski Are, Participant agrees to forever discharge and release from any legal liability and to not sue Ski Area for any injuries or property damage caused by or resulting from the Activity.
4. Indemnification
By execution of the Release, the Ski Area shall be indemnified for any injury to the Participant or to other persons caused by the Participant as a result of engaging in the Activity.
5. Medical Authorization
Participant authorizes the Ski Area and/or its authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is necessary. Participant agrees that, upon such transport to any medical facility or hospital, the Ski Area shall not have any further responsibility. Further, Participant agrees to pay all costs associated with such medical care and related transportation and indemnify and hold harmless the ski area from any costs incurred therein.
6. Severability and Enforceability
In the event any section of this Release is found to be unenforceable, the remaining terms shall be full enforceable, and the Release shall be binding to the fullest extent permitted by law.
PARTICIPANT HAS CAREFULLY READ THE FOREGOING RELEASE OF LIABILITY, HOLD HARMLESS, AGREEMENT NOT TO SUE AND INDEMNIFICATION AGREEMENT, UNDERSTANDS ITS CONTENTS, AND SIGNS IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
(please use only 2 letters, with no spaces)
