SWITCH SNOW SCHOOL RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS AGREEMENT (hereinafter referred to as the “Release Agreement”)
BY SUBMITTING THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT PLEASE READ CAREFULLY!
TO: SWITCH SNOW SCHOOL and their directors, officers, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors, assigns and representatives (all of whom are hereinafter collectively referred to as the “Releasees”
I am aware that skiing and snowboarding generally involve many risks, dangers and hazards including, but not limited to: boarding, riding and disembarking ski lifts; changing weather conditions; light conditions, exposed rock, earth, ice, and other natural objects; trees; the condition of snow or ice on or beneath the surface; variations in the terrain which may create blind spots or areas of reduced visibility; variations in the surface or sub-surface, variable and difficult conditions; streams, creeks, and exposed holes in the snow pack above streams or creeks; cliffs; snowcat roads, road-banks or cut-banks; steepness and configuration of the terrain, freestyle terrain parks; collision with lift towers, fences, snow grooming equipment, snowcats, snowmobiles or other vehicles, equipment or structures or objects or equipment used in connection with skiing, snowboarding, collision with other skiers, snowboarders, racers, spectators, participants, competitors, loss of balance or control; slip, trip & falls, failure to act safely or within one’s own ability or to stay within designated areas; negligence of other skiers, snowboarders and other persons; and NEGLIGENCE, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. I am also aware that the risks, dangers, and hazards referred to above exist throughout the ski area and that many hazards are unmarked. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH OR PROPERTY DAMAGE OR LOSS RESULTING THERE FROM.
In consideration of the Releasees accompanying me with the use of the lifts, ski runs, trails and restaurants across Mzaar Ski Resort, (hereinafter “the facilities”), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that the person that I am the guardian of may suffer resulting from either my use of or my presence on the facilities or travel beyond the ski area boundary, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF SKIING OR SNOWBOARDING REFERRED TO ABOVE.
2. PHOTO/VIDEO RELEASE – I consent to photographs/video taken of me during my participation at Mzaar Ski Resort, and to publication of the photographs/video by the instructors for advertising, promotional and marketing purposes. I release SWITCH SNOW SCHOOL from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise which may occur or be produced in the taking of said picture or video and the publication thereof. I also waive any right that I may have to inspect and/or approve the finished product that may be used in connection therewith or the use to which it may be applied.
3. AGREE TO HOLD HARMLESS AND TO INDEMNIFY THE RELEASEES from any and all liability from property damage and personal injury to any third party, resulting from my use of the skiing area within Mzaar Ski Resort and its facilities.
4. I declare that I will use the proper equipment needed for safe skiing/snowboarding, (helmet, goggles, thermal clothes, gloves…) in addition to specific equipment for my own protection, if needed (back/shoulder protection etc…) and that my equipment is up to the minimum required standards.