Demo Equipment Warning, Assumption of Risk, Liability Release, Indemnity and Hold Harmless Agreement and Agreement Not to SueWWSRA
(Western Winter Sports Representatives Association)
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, (See Addendum A for list of equipment providers, brands & associated WWSRA member), 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)
List of Equipment Providers, Brands & Associated WWSRA Member
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)
LOVELAND SKI AREA
WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT
&
PHOTOGRAPH, VIDEO TAPE, AND REPRESENTATION RELEASE
WWSRA Trade Fair | January 2024
READ CAREFULLY BEFORE SIGNING – THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
The person who is assisting with, taking part in and/or competing in WWSRA Demo Days at Loveland Ski Area 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 assisting with, preparing for or tearing down WWSRA Demo Days, taking part in WWSRA Demo Days, competing in WWSRA Demo Days, testing, demoing, and/or any other uses of the ski area facilities, including use of the lifts, (hereinafter the “EVENT”) 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 PARTICIPANT, 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; and the failure of skiers to ski within their own abilities.
THE UNDERSIGNED further agree and understand that risks associated with the EVENT, in addition to those previously listed, include, but are not limited to: equipment malfunction; testing; demoing; man-made obstacles; surface conditions; marked and unmarked obstacles; rugged mountainous terrain; slick or uneven riding and walking surfaces, surfaces covered with ice and snow; strenuous activity; high elevation; sharing ski area facilities and EVENT venues with people directly involved and/or not directly involved in the EVENT. PARTICIPANT understands and acknowledges he/she has been informed and understands all rules and regulations of participating in the EVENT. PARTICIPANT is responsible for reading, understanding and complying with all signage, including instructions on the use of the lifts. PARTICIPANT recognizes that he/she must have the physical dexterity and knowledge sufficient to safely load, ride and unload the lifts. PARTICIPANT assumes the risks of riding the lifts and engaging in activities accessible from the lifts. PARTICIPANT understands that snowmobiles, snowmaking, snow-grooming and EVENT preparation equipment may be encountered at any time. PARTICIPANT recognizes that falls and collisions occur and injuries are a common and ordinary occurrence of the EVENT.
THE UNDERSIGNED agree with the premise that as a competitor in an event, PARTICIPANT is a competitor at all times, whether practicing for competition or in competition. PARTICIPANT understands that he/she has the opportunity to inspect the EVENT course prior to participating in the EVENT and that he/she assumes the risk of all course conditions, including but not limited to course construction or layout and obstacles. RECOGNIZING ALL THE RISKS, PARTICIPANT VOLUNTARILY CHOOSES TO TAKE PART IN THE EVENT.
In consideration of allowing the PARTICIPANT to participate in the EVENT, THE UNDERSIGNED hereby agree to ASSUME ALL RISKS associated with the PARTICIPANT’s participation in the EVENT. Additionally, THE UNDERSIGNED agree to HOLD HARMLESS, RELEASE, DEFEND, AND INDEMNIFY, Loveland Ski Area its affiliated organizations and companies, the United States, and each of their respective insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “RELEASED PARTY”) for ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from the PARTICIPANT’s participation in the EVENT, 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 PARTICIPANT, including death, which PARTICIPANT may suffer, arising in whole or in part out of the EVENT. 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 PARTICIPANT’s participation in the EVENT. 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.
THE UNDERSIGNED represent that the PARTICIPANT is in good health and there are no special problems associated with his/her care. THE UNDERSIGNED 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. THE UNDERSIGNED 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. Further, THE UNDERSIGNED agree to pay all costs associated with such medical care and related transportation provided for PARTICIPANT and shall indemnify and hold harmless the RELEASED PARTY from any costs incurred therein, or any claims originating therefrom.
In consideration for allowing the PARTICIPANT to participate in the EVENT and for using the ski area facilities, THE UNDERSIGNED agree that ANY AND ALL CLAIMS for injury and/or death arising from the PARTICIPANT’s participation in the EVENT 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 PARTICIPANT, the undersigned parent or legal guardian acknowledges that he/she is also signing this release on behalf of the minor PARTICIPANT and that the minor PARTICIPANT shall be bound by all the terms of this release. Additionally, by signing this release as the parent or legal guardian of a minor PARTICIPANT, 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 agrees that but for the foregoing, the minor would not be permitted to participate in the EVENT.
By signing this release without a parent or guardian’s signature, the PARTICIPANT represents that he/she is at least 18 years of age, or, if signing as the parent or guardian of the PARTICIPANT, you represent that you are the legal parent or guardian of the minor PARTICIPANT.
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 hereby authorize the use and reproduction by Clear Creek Skiing Corporation d/b/a Loveland Basin and Loveland Valley, and its authorized representatives, of any and all photographs, videotapes or representations take of me, without compensation, and understand that all negatives and positives, together with tapes or prints, shall constitute the property of Clear Creek Skiing Corporation d/b/a Loveland Basin and Loveland Valley, solely and absolutely.
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.
(please use only 2 letters, with no spaces)
