Form of Liability Waiver and Assumption of Risk Agreement

The undersigned individual (the “Undersigned”) or the Undersigned’s minor child or conservatee (the “Child” and collectively with the Undersigned, the “Participant”) has voluntarily applied to participate in programs, related events, and activities of Access Mammoth (the “Program”) hosted at Mammoth Mountain Ski Area (the “Resort”). By signing this Liability Waiver and Assumption of Risk Agreement (this “Agreement”), the Participant acknowledges that they are acknowledging and accepting all dangers and risks associated with their participation in the Program and agrees to indemnify the Released Parties, as defined below.

Acknowledgement of Dangers and Risks. The Participant acknowledges that participation in the Program, including skiing, snowboarding, summer outdoor sports, any related winter and summer activities, clinics and lessons covering skiing, snowboarding, mountain biking, and any other winter or summer outdoor sports and activities, any use of the facilities associated with those activities, and rental and use of Equipment for such activities are HAZARDOUS and involves risks of bodily injury that may include permanent disability or death. Participant acknowledges and accepts all dangers and risks associated with Participant’s participation in the Program, including rental and use of equipment offered or used for rent by Mammoth Mountain Ski Area, LLC (“Equipment”), whether or not expressly limited in this Agreement, whether known or unknown to Participant, or whether or not inherent risks of the Program. UNDERSTANDING AND ACCEPTING ALL DANGERS AND RISKS, PARTICIPANT HAS MADE A VOLUNTARY CHOICE TO PARTICIPATE IN THE PROGRAM, INCLUDING RENTAL/USE OF EQUIPMENT. 

Participant understands, accepts, and agrees that the activities offered by the Program involve numerous dangers and risks, including, but not limited to: variations in terrain, snow conditions, weather conditions, visual perception, moguls, cliffs, rocks, forest growth, debris, man-made and natural objects, other users of the facilities, extreme cold, frostbite, vertigo, drowning, hypothermia, overexertion, dehydration, sun burns, skin burns, abrasions, fatigue, concussions, strains, fractures, activation or aggravation of pre-existing physical injuries, high elevation, wildlife and domestic animal encounters, exposure to the elements, lack of shelter, trees, stumps, branches, logs, snow immersion (including tree wells), water immersion, deep snow conditions, slush, ice, bare spots, unstable ice and snow, surface and subsurface conditions, becoming lost or separated from Program or Resort staff, being hit by drones, gondolas, or chairlifts, loss of balance or control, falling from conveyance machines, errors in loading or unloading, and equipment malfunction or breakdown. Participant also agrees that there may be other risks not known to Participant or not reasonably foreseeable at this time. In consideration of Participant’s participation in the Program, Participant agrees to ASSUME ANY AND ALL RISKS OF INJURY OR DEATH associated with the Program, including all mountain transportation such as lifts, and use of Equipment.

Participant understands, affirms, and agrees that: (a) falls, collisions, and injuries are a common and ordinary occurrence of the Program; (b) Participant shall obey all signs, markings, ropes, and warnings posted at the Resort and all applicable laws and regulations; (c) entering or skiing, snowboarding, or biking in a “CLOSED” area is prohibited and may be illegal and/or result in revocation of permission to participate in the Program or to ski/ride/bike at the Resort; (d) skiing, snowboarding, or biking off of designated trails may be more dangerous to Participant and others than skiing, snowboarding, or biking on designated trails; (e) Participant will exercise caution around and will avoid snowmobiles, snowcats, snowmaking, and snow-grooming equipment, vehicles, structures, signs, immovable objects, or other property that Participant may encounter at any time; and (f) Participant has the physical fitness and dexterity and the knowledge required to safely load, ride, and unload from the trams, gondolas, chairlifts, rope and other tows, moving carpets, and any other conveyances; and that if I do not have such fitness, dexterity, or knowledge, I will seek out instruction and will not use those trams, gondolas, chairlifts, rope or other tows, moving carpets, or any other conveyances until I have the fitness, dexterity, and knowledge to safely do so. Further, Participant accepts the responsibility to maintain deliberate and conscious control of their speed and course at all times, and to take precautions to avoid hazards at all times while skiing, snowboarding, biking, or participating in other Program activities. 

Equipment. PARTICIPANT REPRESENTS AND WARRANTS THAT ALL INFORMATION PROVIDED BY PARTICIPANT ONLINE OR TO RESORT STAFF, INCLUDING HEIGHT, WEIGHT, EXPERIENCE LEVEL, AND SKIER/RIDER TYPE CLASSIFICATION WILL BE ACCURATE AND COMPLETE. 

Participant agrees to inspect all Equipment before use. Participant understands, accepts, and agrees that they may not be available or present when their Equipment is fitted and adjusted. Participant waives the opportunity to verify the helmet size and fit and binding settings and hereby authorizes Resort staff to fit the helmet size and set the binding settings. Participant understands, accepts, and agrees that, although Participant may be wearing a helmet, a helmet cannot guarantee Participant’s safety and no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s face, neck, or spinal cord. Participant accepts for use “AS IS” and without any warranty, express or implied, any Equipment Participant uses for the Program and to return either before use or promptly after discovery, for replacement or repaid, any Equipment believed by Participant to be damaged or defective in any way or requiring adjustment. Participant accepts full responsibility for the care of the Equipment used in the Program and agrees that they will be responsible for the replacement at full retail value of any Equipment damaged or not returned. Participant understands and agrees that bindings may not release, or may release, in all situations where release, or non-release, may prevent injury and therefore bindings cannot guarantee Participant’s safety. Participant understands that undesired release or non-release are inherent risks of using any binding system. In using Equipment not equipped with release bindings,  Participant understands, accepts, and agrees that the binding system may not be designed to, and therefore will not ordinarily, release during use. 

Participant agrees that prior to participating, Participant will inspect to the best of their abilities, or if a parent and/or legal guardian, the Undersigned will instruct the Child to inspect to the best of his/her abilities, the facilities and Equipment to be used. If Participant have any concerns about the Equipment or facilities, Participant will immediately advise Access Mammoth of any such condition and refuse to participate.

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, Participant will ride the chair lift in their 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, Participant’s 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, Participant’s arms, shoulders, and back must be able to sustain the jolting or jarring that will occur. If Participant believes either unloading or tipping onto your side may cause them pain or injury, Participant should consult with their doctor and discuss with Access Mammoth before attempting this activity.

Consent to Medical Treatment and Transport. Participant authorizes the Resort, Resort staff, and/or authorized personnel to administer and/or arrange for Participant’s medical care, treatment, and/or procedures, including any emergency procedures (collectively, “Care”), for Participant or to transport Participant to a medical facility or hospital if, in the opinion of Resort staff and/or authorized personnel, Care is deemed necessary. Participant also consents to any Care given by Resort staff and/or authorized personnel prior to transport to a medical facility or hospital. Participant knowingly and voluntarily consents in advance to such administration of Care. Further, Participant agrees to pay all costs associated with such administration of Care and transportation provided for Participant and to indemnify and hold harmless the Released Parties from any costs incurred therein. 

Assumption of Risk, Waiver, Release, Agreement Not to Sue, and Indemnification. In consideration for being permitted to participate in the Program, including use of Equipment, and with knowledge of the dangers and risks involved, PARTICIPANT AGREES TO: (A) ASSUME ANY AND ALL RISK OF PROPERTY DAMAGE, INJURY, OR DEATH to Participant arising from my participation in the Program, use of Equipment, or the administration of Care; (B) WAIVE, RELEASE, AND NOT SUE, MAKE ANY CLAIM, OR FILE ANY ACTIONS against Access Mammoth; Mammoth Mountain Ski Area, LLC; June Mountain Ski Area; the United States of America, Department of Agriculture, United States Forest Service; Alterra Mountain Company; special event organizers; sponsors; and all of their respective 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, “Released Parties”) that are based on, arise or result from, in whole or in part, participation in the Program, use or rental of Equipment, or the administration of Care, and without limitation, any and all claims arising out of or resulting from any of the Released Parties’

ALLEGED OR ACTUAL NEGLIGENCE (INCLUDING NEGLIGENCE ARISING OR RESULTING FROM RELEASED PARTIES’ ACTIONS OR FAILURE TO ACT) AND/OR BREACH OF ANY STATUTORY DUTY, to the fullest extent legally permitted, BREACH OF CONTRACT, OR BREACH OF WARRANTY by any of the Released Parties; (C) PERSONALLY INDEMNIFY, DEFEND, AND HOLD THE RELEASED PARTIES HARMLESS from and against any and all claims, demands, actions, causes of action, losses and liabilities whatsoever arising from or related to participation in the Program, use or rental of Equipment, or administration of Care, and any loss, damage, or injury, including death, that may be sustained by the Participant, or caused to other participants or their property by the Participant, whether such matters are brought by the Participant, a third party, or on behalf of any other person. Participant agrees to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Released Party in defending an investigation, claim, or suit brought on Participant’s behalf as a result of Participant’s participation in the Program, use or rental of Equipment, or administration of Care. Participant understands and agrees that by accepting this Agreement, Participant represents and warrants that they are legally authorized to execute this Agreement on their behalf or on behalf of their Child, and that by doing so Participant agrees to PERSONALLY INDEMNIFY, DEFEND, AND HOLD HARMLESS the Released Parties from and against any and all claims brought by or on behalf of the Participant should they refuse to accept or carry out the terms and conditions of this Agreement. 

PARTICIPANT UNDERSTANDS THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER, and will apply whenever Participant (or their Child) participates in the Program. Participant understands that this Agreement will prevent the Participant, their Child, or their respective heirs and assigns from filing suit or making any claim for damages in the event of injury or death to Participant or to any person or property which may result from their participation in the Program. Additionally, in the event Participant, their Child, or any legal representative of the Participant or Child, files a claim or a lawsuit arising out of the Participant’s participation in the Program, PARTICIPANT AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS the Released Parties for any damages, attorney’s fees, or costs arising out of such a claim or a lawsuit. With a full understanding of this agreement, Participant nevertheless enters into this Agreement freely and voluntarily and agrees that it is binding upon the Participant, their heirs, assigns and legal representatives.

Participant hereby authorizes Access Mammoth and Mammoth Mountain Ski Area, LLC to copyright, use, or reproduce Participant’s image and/or likeness in photographs, video tapes and films in which the Participant appears while enrolled in any of their programs for any purpose, without compensation or restriction and without incurring any debts or liabilities to Participant of any kind.

Participant understands that by signing this Agreement, Participant agrees to be legally bound by its terms, which limits Participant’s legal rights and supersedes any other agreement or representations by or between the parties hereto. Participant understands and agrees 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 Agreement will remain in effect and will be valid and enforceable. This Agreement is intended to provide a comprehensive release of liability, but is not intended to assert any claims or defenses which are prohibited by law. Participant agrees that any action will be brought exclusively in the County of Mono, State of California. Any disputes will be subject to and determined under the laws of the State of California, without regard to any conflict of law principles. PARTICIPANT VOLUNTARILY AND IRREVOCABLY WAIVES ANY OBJECTION TO SUCH LAW AND JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTICIPANT HEREBY VOLUNTARILY AND IRREVOCABLY WAIVES ALL RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE PARTICIPANT’S PARTICIPATION IN THE PROGRAM (INCLUDING USE/RENAL OF EQUIPMENT), INCLUDING FOR INURY TO PERSON OR PROPERTY AND/OR DEATH. I agree that for any claim or lawsuit, this Agreement can be used and introduced as evidence of my acknowledgement and assumption of all risks described herein and my contractual agreement to the terms of this Agreement.  

This Agreement shall apply to and cover any and all damages, and other claims or rights of action, whether known, unknown, speculative or ascertained in the future, and the Participant expressly waives all rights under section 1542 of the Civil Code of the State of California, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Participant is advised, understands and agrees that sections 602(r) and 653i of the California Penal Code shall apply to Participant, if applicable.