MIDWEST ADAPTIVE SPORTS PROGRAM

 

WARNING, ASSUMPTION OF RISK, LIABILITY RELEASE, HOLD HARMLESS AND INDEMNITY AGREEMENT

 

READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS

 

The Adult or Child who is participating in volunteer activity (hereinafter, the "ACTIVITY") for the Midwest Adaptive Sports ("MAS") at Snow Creek or elsewhere shall be referred to hereinafter as "VOLUNTEER". "ADULT" means either the adult VOLUNTEER signing this release on behalf of him/herself OR it means the parent or legal guardian signing this release on behalf of him/herself as well as on behalf of the child VOLUNTEER. "CHILD" means the minor child named below. "THE UNDERSIGNED" means only the ADULT when the ADULT is the VOLUNTEER OR it means both the ADULT acting on his/her own behalf and on behalf of the CHILD when the CHILD is the VOLUNTEER. Participating or participation in an ACTIVITY means assisting with, preparing for or tearing down a venue, as well as taking part in, participating in the administration, monitoring or governance of an activity, competing in an event, assisting Participants in preparing for an event, training for and competing in an event, and/or any other uses of the Snow Creek facilities, including use of the lifts and of a variety of public and private sports and recreations facilities, including sports gyms and courts, hereinafter called FACILTIES. THE UNDERSIGNED agrees and understands that participating in the ACTIVITY can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH. THE UNDERSIGNED is aware that the ACTIVITY involves strenuous ACTIVITY at high altitude and hereby assumes those risks.

 

At the VOLUNTEER's own initiative he/she is agreeing to be a volunteer. THE UNDERSIGNED understands that VOLUNTEER is not an employee of MAS regardless of any non-cash remuneration for time and services, which he/she may receive. THE UNDERSIGNED understands and agrees that, as a volunteer, VOLUNTEER is not covered by Worker's Compensation and the VOLUNTEER has been encouraged to have his/her own medical insurance coverage. VOLUNTEER shall not have interests or obligations which conflict with VOLUNTEER's duty to MAS. The UNDERSIGNED is advised that a person using any of the FACILITIES of the Snow Creek ski area is considered a skier. THE UNDERSIGNED acknowledges and understands the following WARNING concerning the dangers and risks of skiing and understands that the VOLUNTEER, as a "skier", ASSUMES THE RISKS identified in the Warning.

 

WARNING

 

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 agrees and understands that risks associated with participating in an ACTIVITY, in addition to those previously listed, include, but are not limited to equipment malfunction, variable and changing surface conditions, marked and unmarked obstacles, rugged mountainous terrain, slick or uneven riding and walking surfaces, surfaces covered with water, ice and snow, strenuous activity, encountering snowmobiles, snowcats, snowmaking, court vehicles and other equipment, high elevation, sharing FACILITIES and ACTIVITY venues with people directly involved and/or not directly involved in the ACTIVITY. The VOLUNTEER understands and acknowledges he/she has been informed of and understands all rules and regulations of participating in the ACTIVITY. VOLUNTEER is responsible for reading, understanding and complying with all signage, including instructions on the use of FACILITIES’ equipment. The UNDERSIGNED recognizes that VOLUNTEER must have the physical dexterity and knowledge sufficient to safely use all equipment of FACILITIES. The UNDERSIGNED assumes the risks of using FACILITIES and engaging in activities accessible from the FACILITIES. The UNDERSIGNED understands that snowmobiles, snowmaking, snow grooming and ACTIVITY preparation equipment may be encountered at any time. The UNDERSIGNED recognizes that falls and collisions occur and injuries are a common and ordinary occurrence of the ACTIVITY. RECOGNIZING THE RISKS, ADULT VOLUNTARILY CHOOSES TO TAKE PART IN THE ACTIVITY OR VOLUNTARILY CHOOSES TO ALLOW CHILD TO TAKE PART IN THE ACTIVITY.

 

In consideration of allowing the VOLUNTEER to participate in the ACTIVITY, the ADULT hereby agrees for him/herself and for the CHILD VOLUNTEER to ASSUME ALL RISKS associated with the VOLUNTEER's participation in the ACTIVITY. If VOLUNTEER is a CHILD, ADULT is signing this Agreement on behalf of CHILD so that CHILD will be allowed to participate in an ACTIVITY and/or serve as a volunteer for MAS. Additionally, ADULT agrees on behalf of him/herself and CHILD to HOLD HARMLESS, RELEASE, DEFEND, AND INDEMNIFY, MAS, FACILITIES where a MAS ACTIVITY is held, any affiliates associated with FACILITIES including but not limited to all FACILITIES operating as a subsidiary of FACILITIES, the owner and operator of any other venue for the ACTIVITY, ACTIVITY sponsors, their respective affiliates, agents, employees, representatives, assignees, officers, directors, and shareholders and their respective insurance carriers, (each a "RELEASED PARTY") from ANY AND ALL LIABILITY and/or claims of ADULT and/or CHILD arising from injury or death to persons or damage to property arising from the VOLUNTEER's participation in the ACTIVITY, including those injuries and damages caused by any RELEASED PARTY's alleged or actual NEGLIGENCE OR BREACH OF any express or implied WARRANTY. By execution of this release, ADULT for him/herself and on behalf of CHILD AGREES TO DEFEND AND INDEMNIFY each RELEASED PARTY from any and all claims of the ADULT or CHILD and/or a third party arising from the VOLUNTEER's participation in the ACTIVITY.

 

The UNDERSIGNED represents that he/she, if ADULT is the VOLUNTEER or CHILD if CHILD is the VOLUNTEER is in good health and there are no special problems associated with his/her care. ADULT authorizes any RELEASED PARTY and/or their authorized personnel to call for medical care for the VOLUNTEER or to transport the VOLUNTEER to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. ADULT agrees that upon VOLUNTEER's transport to any such medical facility or hospital that the RELEASED PARTY shall not have any further responsibility for VOLUNTEER. Further, ADULT agrees to pay all costs associated with such medical care and related transportation provided for VOLUNTEER and shall indemnify and hold harmless the RELEASED PARTY from any costs incurred therein, or any claims originating therefrom. ADULT further acknowledges that the UNDERSIGNED has been advised that before participating in the ACTIVITY that VOLUNTEER should be covered by personal health insurance sufficient to cover any expenses that may result from an injury incurred during the ACTIVITY.

 

In consideration for allowing the VOLUNTEER to participate in the ACTIVITY and to use the FACILITIES, ADULT agrees on behalf of him/herself and CHILD that ANY AND ALL CLAIMS for injury and/or death arising from the VOLUNTEER's participation in the ACTIVITY shall be GOVERNED BY the appropriate state LAW and EXCLUSIVE JURISDICTION of any claim shall be in the COUNTY COURT OF PLATTE COUNTY, MISSOURI or in the UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MISSOURI.

 

Further, the UNDERSIGNED grants to MAS and FACILITIES, the absolute and irrevocable right and unrestricted permission with respect to any photographic portraits, pictures, motion pictures and/or video tapes of VOLUNTEER or in which VOLUNTEER may be included with others, to copyright the same in its name, to use, reuse, publish and republish the same in whole or in part, individually or in conjunction with other photographs and in conjunction with any printed matter, in any and all media now or hereafter known, and for any purpose whatsoever, for MAS, for illustration, promotion, art, editorial, advertising and trade, or any other purpose whatsoever without restriction as to alteration and to use Volunteer's name in connection therewith.

 

The UNDERSIGNED on behalf of him/herself and CHILD hereby releases and discharges the RELEASED PARTIES from any and all claims and demands arising or which might arise out of or in connection with the use of any such photographic material, including without limitation any and all claims for libel or invasion of privacy.

 

The UNDERSIGNED agrees that (i) this release shall be binding to the fullest extent permitted by law, (ii) if any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties, and (iii) that this Release contains the entire, integrated agreement and understanding between and among the Undersigned and the Released Parties, and that the UNDERSIGNED are not relying on any representation, statement or understanding except as set forth herein. VOLUNTEER understands that this release shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors, guardians and personal representatives of the UNDERSIGNED. If applicable, the ADULT acknowledges that he/she is also signing this release on behalf of the CHILD and that the CHILD shall be bound by all the terms of this release to the fullest extent permitted by law. ADULT also understands and agrees that if this Release were not executed on behalf of CHILD, CHILD would not be permitted to act as a volunteer for MAS.

 

By signing this agreement as an ADULT, you represent that you are at least 18 years of age, and, if signing as the parent or guardian of the CHILD, that you are the legal parent or legal guardian of the CHILD.

 

THE UNDERSIGNED agrees and understands that this release is applicable to each and every day of VOLUNTEER'S participation in an ACTIVITY and understands and agrees that VOLUNTEER would not be permitted to serve as a volunteer if this Agreement was not executed by or on behalf of VOLUNTEER.

 

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.