SNOW GOAT SKIMO SERIES EVENT LIABILITY WAIVER
I acknowledge that this athletic event is an extreme test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by terrain, facilities, temperature, weather, condition of athletes, equipment, vehicular traffic, actions of other people including, but not limited to, participants, volunteers, spectators, coaches, event officials, and event monitors, and/or producers of the event, and lack of hydration. These risks are not only inherent to athletics, but are also present for volunteers. I hereby assume all of the risks of participating &/or volunteering in this event. I realize that liability may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, leased, maintained or controlled by them or because of their possible liability without fault. I certify that I am physically fit, have sufficiently trained for participation in the event and have not been advised otherwise by a qualified medical person. I acknowledge that the Accident Waiver and Release of Liability form will be used by the event holders, sponsors, and organizers of the event in which I may participate, and that it will govern my actions and responsibilities at said events. In consideration of my application and permitting me to participate in this event, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows: (A) Waive, Release and Discharge from any and all liability for my death, disability, personal injury, property damage, property theft or actions of any kind which may hereafter occur to me including my traveling to and from this event, THE FOLLOWING ENTITIES OR PERSONS: United States Ski Mountaineering Association (USSMA), Snow Goat Skimo, Running Farther, Crystal Mountain, Inc., Alterra Mountain Company, the United States of America Department of Agriculture Forest Service, their directors, officers, employees, volunteers, representatives, and agents, the event holders, event sponsors, USSMA sponsors, event volunteers; (B) Indemnify and Hold Harmless the entities or persons mentioned in this paragraph from any and all liabilities or claims made as a result of participation in this event, whether caused by the negligence of releases or otherwise.
I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident and / or illness during this event. I understand that at this event or related activities, I may be photographed. I agree to allow my photo, video or film likeness to be used for any legitimate purpose by the event holders, producers, sponsors, organizers, and assigns.
The Accident Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. I hereby certify that I have read this document; and, I understand its content.
PARENT / GUARDIAN WAIVER FOR MINORS (Under 18 years old) The undersigned parent and natural guardian does hereby represent that he/she is, in fact, acting in such capacity and agrees to save and hold harmless and indemnify each and all of the parties referred to above from all liability, loss, cost, claim or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties on behalf of the minor and the parents or legal guardian.
Northwest Avalanche Center
ASSUMPTION, WAIVER AND RELEASE AGREEMENT
I, the undersigned participant, acknowledge and understand that my participation in any programs, clinics, outreach initiatives, or other activities or events ("Activities”) offered, sponsored, co-sponsored or otherwise affiliated with the Northwest Avalanche Center ("NWAC”): (a) is entirely voluntary; (b) may include travel and activities in backcountry areas which are inherently dangerous; (c) whether in backcountry or non-backcountry areas, involves certain risks, known and unknown, anticipated and unanticipated, including, without limitation, risks of bodily injury (including death and disability) and property damage arising from terrain, snow conditions, weather, temperature, avalanches, equipment, physical fitness, lack of hydration, human error, actions of other people, and other factors; and (d) is with my knowledge and acceptance of the risks associated with such participation. If the undersigned participant is a legal minor, such participant's parent or legal guardian also must sign this agreement. Without limitation of the foregoing, I hereby agree as follows:
1. Assumption: I hereby assume any and all risks and responsibilities related to my participation in NWAC Activities and travel to and from NWAC Activities, whether in backcountry or non-backcountry areas, including, without limitation, any injuries, damages, liabilities, losses, costs and expenses that I may suffer or incur in connection with my participation in NWAC Activities, even if caused, in whole or in part, by the acts, omissions, errors or negligence of NWAC, any other sponsor or organizer of the NWAC Activities, or any of the directors, officers, employees, volunteers, agents, attorneys or other representatives of NWAC or such other sponsors or organizers (collectively, the "NWAC Parties").
2. Waiver and Release: 1 hereby irrevocably waive and release each of the NWAC Parties and their respective successors and assigns from any and all claims, liabilities, obligations, demands, actions and causes of action, whether known or unknown, anticipated or unanticipated, at law or in equity, that may arise out of or in connection with my participation in NWAC Activities, my travel to or from NWAC Activities, NWAC's use of images and Remarks pursuant to Section 3, or any injury, damages, liabilities, losses, costs and expenses that I may suffer or incur in connection with the foregoing, even if caused, in whole or in part, by the acts, omissions, errors or negligence of any of the NWAC Parties.
3. Right to Use Images and Remarks: While participating in NWAC Activities, I understand that I may be photographed, filmed, videotaped, or otherwise recorded. I understand that photographs, films, videos, sound recordings, transcripts of my words, and other recordings of me ("Images and Remarks") may be used by NWAC in any form or manner, now known or later devised, in whole or in part, in connection with the business and other activities of NWAC and for advertising, distribution, marketing, promotion, publicity, reporting and any other purpose. I hereby irrevocably grant permission to NWAC to use, reproduce, modify, make derivative works based upon, publish, distribute, publicly perform, and publicly display, without restriction, any of the Images and Remarks that include my name, likeness, voice, statements and/or image, in whole or in part, in connection with the foregoing. I waive any right to own, inspect, approve, or receive any payment or attribution with respect to any Images and Remarks. In connection with providing any Images or Remarks to NWAC, I will comply in all respects with all content guidelines communicated to me by NWAC.
4. Governing Law and Venue: This agreement is governed by the laws of the State of Washington, without regard to choice of law principles. I will not commence any legal action related to this agreement or any matters set forth in this agreement in any court other than the appropriate federal or state courts located in King County, Washington. I hereby waive any objection to and submit to the venue and jurisdiction of such courts (regardless of whether I reside in the State of Washington). Further, I will not assert in any legal action or otherwise any claim against any of the NWAC Parties for damages or other relief with respect to matters assumed, waived or released by me under this agreement.
5. Severability: I acknowledge that NWAC is relying upon the enforceability of this agreement as a condition to my participation in the NWAC Activities. Accordingly, if any provision of this agreement is held to be unenforceable or illegal by a court of competent jurisdiction, then such provision will be reformed or, if necessary, severed as required to effectuate the purpose of this agreement to the maximum extent permitted by applicable law, and all remaining provisions of this agreement will continue in full force and effect.
6. Miscellaneous: I acknowledge that the purpose of this agreement is that it will be a broad and enforceable assumption, waiver and release of liability in favor of the NWAC Parties to the maximum extent permitted by applicable law. I intend for this agreement to be binding upon me and my heirs, beneficiaries, personal representatives, executors and administrators. No oral representations, statements, or other inducements to sign this agreement have been made to me apart from what is contained in this document. I have read and fully informed myself of the contents of this agreement before signing it. |