I or my minor child or conservatee (collectively, “I”, “my”, or “me”) have voluntarily applied to participate in programs, related events, and activities of DISABLED SPORTS EASTERN SIERRA (the “Program”). I acknowledge that participation in the Program, including skiing, snowboarding, summer outdoor sports, any related winter and summer activities, and any use of the facilities associated with those activities are HAZARDOUS. I have made a voluntary choice to participate in the Program despite the inherent risks that it presents which include, but are not limited to, variations in terrain, snow conditions, weather conditions, visual perception, moguls, cliffs, rocks, forest growth, debris, man-made and natural objects, and other users of the facilities. I also agree that there may be other risks not known to me or not reasonably foreseeable at this time. In consideration of my participation in the Program, I agree to ASSUME ANY AND ALL RISKS OF INJURY OR DEATH associated with the Program, including all mountain transportation such as lifts.
I agree that prior to participating, I will inspect to the best of my abilities, or if a parent and/or legal guardian, I will instruct the minor participant to inspect to the best of his/her abilities, the facilities and equipment to be used. If I have any concerns about the equipment or facilities, I will immediately advise Disabled Sports of any such condition and refuse to participate.
Risks of Participation. The Undersigned recognizes and understands that while Released Parties have undertaken reasonable steps to lessen the risk of transmission of communicable diseases, including but not limited to, COVID-19, in connection with participation in the activities, the Released Parties are not responsible in any manner for any risks related to communicable diseases in connection with Participant’s participation in the activities. Specifically, the Undersigned understands that COVID-19 is a highly contagious and dangerous disease, and that contact with the virus that causes COVID-19 may result in significant personal injury or death. The Undersigned is fully aware that participation in the activities carries with it certain inherent risks related to transmission of communicable diseases (“Inherent Risks”) that cannot be eliminated regardless of the care taken to avoid such risks. Inherent Risks may include, but are not limited to, (1) the risk of coming into close contact with individuals or objects that may be carrying a communicable disease; (2) the risk of transmitting or contracting a communicable disease, directly or indirectly, to or from other individuals; and (3) injuries and complications ranging in severity from minor to catastrophic, including death, resulting directly or indirectly from communicable diseases or the treatment thereof. Further, the Undersigned understands that the risks of all communicable diseases are not fully understood, and that contact with, or transmission of, a communicable disease may result in risks to the Participant including but not limited to loss, personal injury, sickness, death, damage, and expense, the exact nature of which are not currently ascertainable, and all of which are to be considered Inherent Risks. The Undersigned hereby voluntarily accepts and assumes all risk of loss, personal injury, sickness, death, damage, and expense for the Participant arising from such Inherent Risks. Furthermore, the Undersigned represents and warrants that Participant does not knowingly carry any communicable diseases that may be transmitted during participation in the activities.
Notice to MONO-SKI and BI-SKI SKIERS: To get up the ski hill, all skiers use a chair lift. As a sit-down skier, you will ride the chair lift in your mono- ski or bi-ski and will, with assistance, unload the lift by dropping down as much as three feet onto the unloading ramp. In this unloading process, your hips and back must be able to sustain the “jolt” or jarring that will occur. Falling is an inherent risk of skiing. In this case, your arms, shoulders, and back must be able to sustain the jolting or jarring that will occur. If you believe either unloading or tipping onto your side may cause you pain or injury, consult your doctor and discuss with Disabled Sports before attempting this activity.
In consideration for being permitted to participate in the Program, I AGREE TO RELEASE FROM ANY LEGAL LIABILITY AND AGREE NEVER TO SUE Disabled Sports Eastern Sierra, Mammoth Mountain Ski Area LLC, June Mountain Ski Area, the United States of America, Department of Agriculture, United States Forest Service, special event organizers, sponsors, and all of their successors, heirs, assigns, directors, officers, partners, investors, shareholders, members, agents, employees, owners, landowners, parent and subsidiary companies, and affiliated companies and ski areas (collectively herein, “Disabled Sports Eastern Sierra”) for injury or death resulting from my participation in the Program and/or from the use of the facilities of Mammoth Mountain, June Mountain, and/or Tamarack Cross Country Ski Center, including, but not limited to, the use of buildings and premises, chairlifts, equipment, instruction, special events, and search and/or rescue (hereafter collectively referred to as “Use of the Facilities”), regardless of the cause, including the alleged NEGLIGENCE, breach of warranty, implied liability, or any other legal theories of Disabled Sports Eastern Sierra. I further AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Disabled Sports Eastern Sierra for any claims, lawsuits, damages, attorney fees, costs or judgments arising out of my participation in the Program and/or my Use of the Facilities.
I UNDERSTAND THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER, and will apply whenever I participate in the Program. I understand that this RELEASE OF LIABILITY will prevent me, my minor child or conservatee, or my heirs and assigns from filing suit or making any claim for damages in the event of injury or death to myself or to any person or property which may result from my participation in the Program. Additionally, in the event I file or my minor child or conservatee or any legal representative files a claim or a lawsuit arising out of my participation in the Program or my Use of the Facilities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Disabled Sports Eastern Sierra for any damages, attorney’s fees, or costs arising out of such a claim or a lawsuit. With a full understanding of this
LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT, I nevertheless enter into this agreement freely and voluntarily and agree that it is binding upon me, my minor child or conservatee, my heirs, assigns and legal representatives.
I hereby authorize Disabled Sports Eastern Sierra and Mammoth Mountain Ski Area to copyright, use, or reproduce my image and/or likeness in photographs, video tapes and films in which I, the undersigned, or the minor participant, appear while enrolled in any of their programs for any purpose, without compensation or restriction and without incurring any debts or liabilities to me of any kind.
I understand that by signing this Agreement, I agree to be legally bound by its terms, which limits my legal rights and supersedes any other agreement or representations by or between the parties hereto. I understand and agree that this agreement is severable and that if any clause is found to be invalid, the offending clause will be stricken and the balance of the contract will remain in effect and will be valid and enforceable. This contract is intended to provide a comprehensive release of liability, but is not intended to assert any claims or defenses which are prohibited by law. I agree that any action will be brought in the County of Mono, State of California. Any disputes will be subject to and determined under the laws of the State of California.