RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
WARNING: PLEASE READ CAREFULLY BEFORE SIGNING!
THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS
INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
1. Each person participating in the Activity (defined below) or purchasing a Season Pass is referred to as “Participant.” I,
the undersigned, am a Participant and, if a Participant is under 18 years old (US) or 19 years old (Canada), I am the minor
Participant’s parent or legal guardian. I understand that participating in ski and snowboard school, skiing, snowboarding,
racing, ski simulation, training, snowshoeing, snowmobiling, cross-country skiing, snow biking, tubing, ice skating, pond
skimming, sledding, taking horse-drawn sleigh rides, hiking, sightseeing, cycling, trail running, riding the alpine coaster, zip
lining, using the ropes/challenge courses, trampoline, climbing wall, taking resort and vehicle tours, using freestyle or
terrain park features, participating in other recreational activities, renting equipment and using the lifts, parking lots,
walkways, stairs, escalators, lodges, restaurants, the children’s center, nursery, daycare facilities, other ski area facilities
and the premises in general, for any purpose (the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF
PHYSICAL INJURY AND/OR DEATH.
2. I understand the dangers and risks of the Activity and that the Participant ASSUMES ALL INHERENT DANGERS AND
RISKS of the Activity, including those of a “skier” (as may be defined by statute or other applicable law) or other winter
3. I expressly acknowledge and assume all additional risks and dangers that may result in property damage,
physical injury and/or death, which may be above and beyond the inherent dangers and risks of the Activity,
including but not limited to: Falling or loss of balance; icy, slick or uneven surfaces; avalanches, cornices and
crevasses; collisions with natural or man-made objects, other people, snowmobiles and/or other motor or over-snow
vehicles; bumps; moguls; tree wells and stumps; downed timber and other forest growth; rocks, drainage channels,
streams, creeks, holes, debris, and other rugged mountainous terrain; marked and unmarked obstacles; unmaintained or
unmarked trails/roads or trail obstructions; the negligence or failure of Participant, Ski Area employees, or other guest to
act safely (including an instructor’s selection of terrain that exceeds Participant’s ability) or within their own ability including
failure to stay within designated areas and comply with signage; falling snow or ice from natural or man-made sources;
equipment malfunction, failure or damage; improper use or maintenance of equipment; misloading, entanglements, or falls
from ski lifts; varying visibility, storms, lightning, hail, snow and other adverse weather; becoming lost or separated; lack of
shelter; limited access to and/or delay of medical attention; Participant’s health condition, physical exertion, exhaustion,
dehydration, hypothermia, altitude sickness, or frostbite; and/or mental distress from exposure to any of the above. I
UNDERSTAND THAT THE DESCRIPTION OF THE RISKS IN THIS AGREEMENT IS NOT COMPLETE AND
VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND
DANGERS OF THE ACTIVITY AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND
LOSS RESULTING THEREFROM, WHETHER OR NOT DESCRIBED HERE, KNOWN OR UNKNOWN, INHERENT OR
4. Participant assumes responsibility for maintaining control at all possible times while engaging in the Activity and for
reading, understanding and complying with all signage, including instructions on the use of lifts. Participant must have the
physical dexterity and knowledge to safely load, ride and unload the lifts. I understand that a minor Participant may use
the ski lifts without an adult present. I further understand that snowmobiles, snowmaking equipment, and snow-grooming
equipment may be encountered at any time and that falls, collisions, and injuries are common.
5. In consideration for allowing the Participant to participate in the Activity, I AGREE, to the greatest extent permitted by
law, TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE
NOT TO SUE Vail Resorts, Inc., The Vail Corporation, Trimont Land Company, Heavenly Valley, Limited Partnership, VR
US Holdings, Inc., VR CPC Holdings, Inc., Whistler Blackcomb Holdings Inc., Blackcomb Skiing Enterprises Limited
Partnership, Whistler Mountain Resort Limited Partnership, each of their affiliated companies and subsidiaries, the resort
owner/operator, land owner, activity operator, the equipment manufacturer, The Burton Corporation, Beaver Creek Resort
Company, Dundee Realty USA, LLC d/b/a Arapahoe Basin Ski Area, the United States, Her Majesty The Queen In Right
Of The Province Of British Columbia and all their respective insurance companies, successors in interest, commercial &
corporate sponsors, affiliates, agents, employees, representatives, assignees, officers, directors, and shareholders (each
a “Released Party”) FOR ANY INJURY, INCLUDING DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, WHICH I
OR PARTICIPANT MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF PARTICIPANT’S PARTICIPATION IN
THE ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY’S
ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY CONTRACT AND/OR EXPRESS OR IMPLIED
WARRANTY OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING IN BRITISH
COLUMBIA ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT. I UNDERSTAND THAT NEGLIGENCE
INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD
OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY.
In consideration for allowing the Participant to participate in the Activity, I FURTHER RELEASE AND GIVE UP ANY AND
ALL CLAIMS AND RIGHTS THAT I MAY NOW HAVE AGAINST ANY RELEASED PARTY AND UNDERSTAND THIS
RELEASES ALL CLAIMS, INCLUDING THOSE OF WHICH I AM NOT AWARE, THOSE NOT MENTIONED IN THIS
RELEASE AND THOSE RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW.
6. I AGREE TO DEFEND AND INDEMNIFY EACH RELEASED PARTY FOR ALL LIABILITY AND CLAIMS,
INCLUDING ATTORNEYS’ FEES, WHETHER ARISING IN WHOLE OR IN PART FROM PARTICIPANT’S
PARTICIPATION IN ANY ACTIVITY OR FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF
7. I agree that any and all claims for loss, injury and/or death arising from the Participant’s participation in the Activity shall
be governed by the law of the State or Province where the alleged incident occurred and that exclusive jurisdiction of any
such claim shall be in a court of competent jurisdiction in the in the State or Province where the alleged incident occurred,
except that all cases arising out of an alleged incident at Heavenly Mountain shall be governed by California law and the
exclusive jurisdiction of any such claim will be a California court of competent jurisdiction.
8. If Participant rents equipment, I agree to accept for use the equipment rented “AS IS”, accept responsibility for the care
of the equipment during the rental period, and agree to be responsible for the replacement at full value of any equipment
not returned or returned in a damaged condition. I have not made any misrepresentations with regard to Participant’s
height, weight, age and/or ability level and represent that Participant will be the only person using the equipment. I
UNDERSTAND THAT THE BINDING SYSTEM CANNOT GUARANTEE THE USER’S SAFETY. The binding system will
not release at all times or under all circumstances where release may prevent injury or death, nor is it possible to predict
every situation in which it will release. I further understand that the downhill ski binding system DOES NOT REDUCE THE
RISK OF ANY TYPE OF INJURY TO PARTICIPANT. I understand that in snowboarding, cross-country skiing,
snowshoeing and other sports utilizing equipment with non-release bindings, the binding system will not ordinarily release
during use. I agree to assume and accept any and all known and unknown risks of injury to Participant while using this
9. I understand that this Agreement will apply for each and every day Participant engages in any Activity during the
applicable operating season. If the holder of a season pass chooses to take part in any season pass renewal or autorenewal
program, this Agreement will remain in effect for so long as the season pass holder participates in such program. I
understand that this Agreement is a contract and, to the fullest extent permitted by law, shall be binding on me and my
assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives. If any part of this Agreement
is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties.
10. BY SIGNING ON BEHALF OF A MINOR OR OTHER PARTICIPANT, I REPRESENT THAT I AM AUTHORIZED TO
SIGN ON PARTICIPANT’S BEHALF and/or I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR
PARTICIPANT and acknowledge that Participant is bound by all the terms of this Agreement. I understand that the minor
Participant would not be permitted to take part in any of the Activities unless I agree to the terms of this Agreement. By
signing this Agreement without a parent or legal guardian’s signature, I represent, under penalty of fraud that I am at least
18 years old (US) or 19 years old (Canada).
11. FOR WILMOT MOUNTAIN ONLY: I understand that, for a fee in addition to the normal price, Wilmot Mountain offers
an optional Agreement that does not require me to sign a Release of Liability. In signing this Release of Liability, I
acknowledge I am aware of this option, do not wish to pay this fee, accept the full scope of this Release of Liability and
hereby waive my right to purchase the same.
12. I represent that Participant is in good health and that there are no special problems associated with Participant’s
physical or mental condition. I authorize a licensed physician or other medical care provider to carry out any emergency
medical care for Participant which may be necessary and agree to be fully responsible for any costs associated with such
care or transport to such care.
13. I grant the Released Parties the right of publicity to own and use any image collected of Participant while participating
in the Activity.
14. I understand that if I am buying a season pass, the pass IS NOT TRANSFERABLE AND MAY NOT BE
RESOLD. The season pass may be confiscated and not re-issued if, in the sole judgment of the ski area operator, the
season pass holder: (1) acts in any manner that endangers or may endanger the safety of the season pass holder or any
other person; (2) violates the law; (3) provides ski lessons or related services for compensation; or (4) engages in fraud,
misconduct or creates a nuisance. Re-issued passes may be subject to a replacement fee. I acknowledge the affirmative
duty to immediately notify the ski area operator and appropriate authorities if the season pass is lost or stolen and failure
to do so may result in loss of skiing privileges. I also understand and acknowledge that this season pass is NONREFUNDABLE.
Additional Information for Participants
RF Technology: Your pass is enabled with Radio Frequency (RF) Technology. RF Technology allows us to read RF
passes at short range through jackets and clothing for convenience and ease of use. We use RF readers to authenticate
lift passes and to determine customer presence at ski lift boarding zones. To learn more about RF Technology, please visit
Protective Helmets: The use of helmets is strongly recommended. Children age 12 and under must wear a winter sport
protective helmet while participating in ski and ride school. In addition, minors who participate in designated children's
classes or programs must wear a helmet. While helmets may reduce or mitigate the severity of some head injuries, their
use does not guarantee safety and will not prevent certain injuries. Rental helmets are available at our children's ski
school locations for your convenience.
Childcare Facilities and Children’s Ski School: Parents and Guardians entering their children into ski and ride school,
daycare, children’s centers or other child facilities agree and understand that risks also include, but are not limited to:
interaction with other children also participating in the Activities, snow play, taking field trips by walking or by use of ski
area or public transportation, the encounter or ingestion of allergens, and playing, eating and/or sleeping in a child care
environment. Participant has been informed and understands all rules and regulations of participation in the Activity.
I have read and agree to the terms of the Release of Liability.