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Headwaters Spring Runoff 2013
March 30, 2013 JUNIOR Division
April 6, 2013 ADULT Division
Participant Agreement for Assumption of Risk, Release, Consent & Indemnification
In consideration for the rights and privileges associated with participation in a Moonlight Basin special event, the HEADWATERS SPRING RUNOFF competition (the “Activity”), I acknowledge and agree to be bound by the following:
IDENTIFICATION OF RISKS: I understand participation in the Activity involves inherent, known and unknown risks and dangers which may include and are not limited to hiking in high elevation mountainous environment can expose the participate to certain risks of injury or death, by way of example: frostbite, hypothermia, hyperthermia, cardiac stress or other medical emergencies. In addition, there may be risk of injury or death from Participant’s loss of balance, loss of equipment, slipping and falling. I understand participation in exhibition skiing & snowboarding and competition racing can be dangerous and may include risk of injury or death by way of example: variations in terrain, including surface and subsurface snow or ice conditions naturally occurring or resulting from weather changes, skier or rider use, or grooming and snowmaking operations; bare spots and thin snow cover caused by limited snowfall, melting, wind & wind erosion, grooming, or unconsolidated base; bumps, moguls, stumps, rocks, debris, rock fall and forest growth; avalanches; skiing or riding in an area not designated as a trail; clearly visible or plainly marked improvements; mobile equipment, whether moving or stationary; lift towers; other structures and their components; terrain park elements, jumps, slide rails, or features; collisions with others, and participant’s failure to ski, ride or participate within their ability. I am aware that natural and man-made obstacles exist: fencing, equipment covers, signs, rope lines, and other marking devices may be in place and mark some, but not all potential obstacles or hazards. These markers will not prevent injury and it is the Participant’s responsibility to stay away from these obstacles and areas; I acknowledge the existence of risks whether marked or unmarked. I am aware there are inherent and other risks for persons who are in the process of approaching, loading, being transported by, unloading and departing aerial lifts. I understand that all persons who use an aerial lifts shall be presumed to have sufficient ability and physical dexterity, or personal assistance to, load, ride, unload and be evacuated from an aerial lift safely. I understand helmets are a recommended safety device that may reduce or mitigate the severity of head injuries, but use of a helmet is not a guarantee of safety; I recognize helmets have limited capacity as far as shock absorption and serious injuries or death may occur from both high and low energy impacts. I understand the risk of injury may result from my actions, inactions and the actions, inactions or negligence of others. I accept all legal responsibility for injury or damage of any kind resultant from the risks and dangers of the Activity.
ASSUMPTION OF RISKS: I agree I am responsible for my safety while participating in the Activity. I agree to participate only when I am both physically and mentally prepared and before beginning the Activity to fully familiarize myself with the venue. I agree to use the type and condition of equipment reasonably necessary to safely participate in the Activity. I assume all risks of personal injury, death or property loss resulting from any cause whatsoever connected with my participation in the Activity, including but not limited to the inherent risks of skiing & snowboarding. I shall abide by the Skiers Responsibility Code and the Duties of a Skier, as set forth in Montana statutes; I shall participate in a manner that avoids injury to myself and others. I shall obey all posted trail instructions and warnings of Moonlight Basin. I have read and acknowledge the Moonlight Basin trail map.
WAIVER & RELEASE: Aware of the risks and willing to assume them, I hereby release, indemnify and hold harmless MT Moonlight Basin Resort Ops, LLC and Moonlight Basin Management, LLC, and their respective affiliated or parent companies, subsidiaries, officers, directors, members, managers, employees, agents, guides, trainers, first responders, medical care providers, insurance carriers, event officials & organizers, volunteers and sponsors, the “Indemnified Parties”, from all claims of liability, injury, loss or damage, arising from or connected with my participation in the Activity, both in law and in equity. Release from liability includes loss, damage, or injury resulting from intentional acts, failure to act, negligence or any other cause or causes; except where caused by the gross negligence or willful or wanton misconduct of any of the Indemnified Parties. This waiver and release shall bind any and all relatives, personal representatives, heirs, beneficiaries, next of kin, subrogees and/or assigns who might pursue any legal action or claim on my behalf.
INSURANCE: I acknowledge that Moonlight Basin does not provide accident, medical, health, workers’ compensation or any other insurance for Activity participants. I understand and agree it is my sole responsibility to maintain throughout my participations, valid and sufficient medical and accident insurance coverage and hereby release any person or entity from providing this coverage for me.
EMERGENCY MEDICAL CARE: I authorize any medical care provider to carry out any emergency medical care and transportation, and I accept responsibility for and agree to indemnify the Indemnified Parties for all such medical care and expenses.
PHOTO RELEASE: I consent to the use and reproduction, without compensation, in any promotion or publication of the Indemnified Parties, any and all photos, film or visual representations made of me in connection with the Activity.
APPLICABLE LAW: This document shall be governed by Montana Law and exclusive jurisdiction for any claims shall be in State District Court in Madison County, Montana, or in a Federal District Court in Montana. I further agree to pay all costs and attorney fees of any Indemnified Parties.
SEVERABILITY: A determination of invalidity of any one or more of the provisions or conditions hereof by judgment, order or decree of a court shall not affect in any manner the other provisions hereof which shall remain in full force and effect.
BY CHECKING THE BOX ABOVE, I STATE THAT I HAVE CAREFULLY READ, ACKNOWLEDGE, UNDERSTAND AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND VOLUNTARILY REQUEST TO PARTICIPATE IN THE ACTIVITY. THIS AGREEMENT SHALL REMAIN IN EFFECT UNTIL TERMINATED IN WRITING BY MOONLIGHT BASIN MANAGEMENT, LLC.