Common use of BE ADVISED Clause in Contracts

BE ADVISED. You must sign this Agreement to purchase a Pass at a discounted price from the day ticket price or to participate in certain Activities at some Resorts. The Pass does not guarantee access to a Resort for a minimum or a maximum number of days in each season or that a Resort will be open for a minimum or a maximum number of days each season. Use of the Pass to access a Resort is subject to, among other things, the Resort being open and having the capability and/or capacity to grant access. Each Resort reserves the right to close or limit access to the Resort for weather, safety, or any other reason at its sole discretion with or without notice during each season. I understand, accept and agree that use of the Pass is subject to the length and occurrence of each season, which may be affected by weather, weather- related events, travel advisories, public health or government order, or any other event or occurrence that limits or prohibits a Resort from its full or partial operations. I understand, accept and agree that the Pass is for the sole use of the individual to whom it is issued, that such individual’s likeness, name, and/or other specific information will be associated with the Pass account and visible to Resort staff, and that the Pass is NOT TRANSFERABLE, CANNOT BE USED BY ANYONE OTHER THAN THE INDIVIDUAL TO WHOM IT IS ISSUED and CANNOT BE RESOLD. I also understand, accept and agree that the Pass may be confiscated, revoked or suspended at any or all of the Resorts, if, in the sole judgment and discretion of a Resort or Alterra Mountain Company, I act in any manner that endangers or may endanger the safety of me or another person; I violate the law or Resort policy; or I provide lessons, guided tours, or other services at the Resort for compensation without the Resort’s prior express authorization; I use the Pass in a fraudulent manner; or I engage in misconduct, abuse Resort staff or other participants, or create a disturbance or nuisance. I further understand, accept and agree that such acts may also beprosecuted as a criminal offense, as applicable. I acknowledge the affirmative duty to immediately notify the issuer if my Pass is lost or stolen. I understand, accept and agree that if I or any Releasor is involved in, or witnesses, a collision or other incident at the Resort, the Resort may disclose my and/or the relevant Releasor’s name and contact information to third parties involved in the collision or incident, including the investigation, treatment and adjudication thereof. If consent is required, I or any Releasor expressly consent to such disclosure, and I or any Releasor hereby waive any and all claims against Resort that I or any Releasor did not consent to such disclosure. I UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL REMAIN IN EFFECT UNTIL REVOKED IN WRITING BY ME OR BY THE RELEASORS AND COUNTERSIGNED BY AN AUTHORIZED SIGNATORY OF A RESORT. THIS AGREEMENT CANNOT BE MODIFIED. I UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL APPLY EVERY TIME I OR ANY RELEASOR ENGAGES IN AN ACTIVITY AT A RESORT WITHOUT REQUIRING ME OR ANY RELEASOR TO SIGN AN ADDITIONAL AGREEMENT. I understand, accept and agree that participation in the Activities, including the use of Equipment, is HAZARDOUS and involves risks of physical injury that may include serious permanent disability or death. I acknowledge and accept all dangers and risks associated with the Activities, including the use of Equipment, whether expressly listed in this Agreement, whether known or unknown to me, or whether they are inherent risks of the Activities, including the use of Equipment. UNDERSTANDING AND ACCEPTING ALL DANGERS AND RISKS, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT AND/OR VOLUNTARILY CHOOSE TO ALLOW RELEASORS TO TAKE PART IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT. I understand, accept and agree that all Activities at the Resort and especially those Activities conducted in a high alpine environment, involve numerous dangers and risks that can lead to serious injury and even death. Such dangers and risks include reduced oxygen in the air; rapidly changing weather conditions; exposure to the sun, rain, snow, hail and lightning; floods; landslides; open water hazards; lack of shelter; encounters with wildlife, insects or poisonous plants; natural or humanmade features or structures; steep inclines and declines; uneven and varying slopes and terrain; rocks of various sizes; trees, stumps, branches, and limbs; exposed roots; downed timber; cliffs; holes and potholes; surface depressions; wet and/or slippery surfaces and features; dirt features and other constructed features including bridges, ramps, ladders, bumps, berms, jumps, gaps, drops, wall rides and elevated stunts; negligent design and/or construction of features and trails; debris on tracks or trails; failure or malfunction of Equipment including brake devices; trips, slips and falls; collisions with vehicles, structures, features, or other participants; flying disks, golf balls, or other objects; being hit by a drone; being hit by a gondola cabin or chair; loss of balance or control; falling objects; falling from platforms, cables, trams, gondolas, chairlifts and any other conveyance or structure; climbing ladders or other vertical structures; falling off the wall or ropes; loose or damaged hand or toe holds; failure or malfunction of ropes, cables, or other gear or devices including broken ropes or cables, tethers, pulleys, and harnesses; becoming lost or separated from Resort staff or other participants; vertigo; water immersion, drowning, hypothermia; overexertion; dehydration; sun xxxxx, sun stroke, skin xxxxx and abrasions; cuts, infection, fatigue, strains, fractures, activation or aggravation of pre-existing physical injuries, conditions or congenital anomalies; and risks involved with rescue operations and/or medical care conducted by Resort staff. I understand, affirm and agree that: (i) I have the physical fitness and dexterity and the knowledge required to safely load, ride and unload the trams, gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances; (ii) falls, collisions and injuries are a common and ordinary occurrence of the Activities;

Appears in 1 contract

Samples: Summer Passes & Activities Agreement

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BE ADVISED. You must sign this Agreement to purchase a Pass at a discounted price from the day ticket price or to participate in certain Activities at some Resorts. The Pass does not guarantee access to a Resort for a minimum or a maximum number of days in each season or that a Resort will be open for a minimum or a maximum number of days each season. Use of the Pass to access a Resort is subject to, among other things, the Resort being open and having the capability and/or capacity to grant access. Each Resort reserves the right to close or limit access to the Resort for weather, safety, or any other reason at its sole discretion with or without notice during each season. I understand, accept and agree that use of the Pass is subject to the length and occurrence of each season, which may be affected by weather, weather- related events, travel advisories, public health or government order, or any other event or occurrence that limits or prohibits a Resort from its full or partial operations. I understand, accept and agree that the Pass is for the sole use of the individual to whom it is issued, that such individual’s likeness, name, and/or other specific information will be associated with the Pass account and visible to Resort staff, and that the Pass is NOT TRANSFERABLE, CANNOT BE USED BY ANYONE OTHER THAN THE INDIVIDUAL TO WHOM IT IS ISSUED and CANNOT BE RESOLD. I also understand, accept and agree that the Pass may be confiscated, revoked or suspended at any or all of the Resortssuspended, if, in the sole judgment and discretion of a Resort or Alterra Mountain Company, I act in any manner that endangers or may endanger the safety of me or another person; I violate the law or Resort policy; or I provide lessons, guided tours, or other services at the Resort for compensation without the Resort’s prior express authorization; I use the Pass in a fraudulent manner; or I engage in misconduct, abuse Resort staff or other participants, or create a disturbance or nuisance. I further understand, accept and agree that such acts may also beprosecuted be prosecuted as a criminal offense, as applicable. I acknowledge the affirmative duty to immediately notify the issuer if my Pass is lost or stolen. I understand, accept and agree that if I or any Releasor is involved in, or witnesses, a collision or other incident at the Resort, the Resort may disclose my and/or the relevant Releasor’s name and contact information to third parties involved in the collision or incident, including the investigation, treatment and adjudication thereof. If consent is required, I or any Releasor expressly consent to such disclosure, and I or any Releasor hereby waive any and all claims against Resort that I or any Releasor did not consent to such disclosure. I UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL REMAIN IN EFFECT UNTIL REVOKED IN WRITING BY ME OR BY THE RELEASORS AND COUNTERSIGNED BY AN AUTHORIZED SIGNATORY OF A RESORT. THIS AGREEMENT CANNOT BE MODIFIED. I UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL APPLY EVERY TIME I OR ANY RELEASOR ENGAGES IN AN ACTIVITY AT A RESORT WITHOUT REQUIRING ME OR ANY RELEASOR TO SIGN AN ADDITIONAL AGREEMENT. I understand, accept and agree that participation in the Activities, including the use of Equipment, is HAZARDOUS and involves risks of physical injury that may include serious permanent disability or death. I acknowledge and accept all dangers and risks associated with the Activities, including the use of Equipment, whether expressly listed in this Agreement, whether known or and unknown to me, or whether they are inherent risks of the Activities, including the use of Equipment. UNDERSTANDING AND ACCEPTING ALL DANGERS AND RISKS, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT AND/OR VOLUNTARILY CHOOSE TO ALLOW RELEASORS TO TAKE PART IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT. I understand, accept and agree that all Activities at the Resort and especially those Activities conducted in a high alpine environment, involve numerous dangers and risks that can lead to serious injury and even death. Such dangers and risks include reduced oxygen in the air; rapidly changing weather conditions; exposure to the sun, rain, snow, hail and lightning; floods; landslides; open water hazards; lack of shelter; encounters with wildlife, insects or poisonous plants; natural or humanmade features or structures; steep inclines and declines; uneven and varying slopes and terrain; rocks of various sizes; trees, stumps, branches, and limbs; exposed roots; downed timber; cliffs; holes and potholes; surface depressions; wet and/or slippery surfaces and features; dirt features and other constructed features including bridges, ramps, ladders, bumps, berms, jumps, gaps, drops, wall rides and elevated stunts; negligent design and/or construction of features and trails; debris on tracks or trails; failure or malfunction of Equipment including brake devices; trips, slips and falls; collisions with vehicles, structures, features, or other participants; flying disks, golf balls, or other objects; being hit by a drone; being hit by a gondola cabin or chair; loss of balance or control; falling objects; falling from platforms, cables, trams, gondolas, chairlifts and any other conveyance or structure; climbing ladders or other vertical structures; falling off the wall or ropes; loose or damaged hand or toe holds; failure or malfunction of ropes, cables, or other gear or devices including broken ropes or cables, tethers, pulleys, and harnesses; becoming lost or separated from Resort staff or other participants; vertigo; water immersion, drowning, hypothermia; overexertion; dehydration; sun xxxxx, sun stroke, skin xxxxx and abrasions; cuts, infection, fatigue, strains, fractures, activation or aggravation of pre-existing physical injuries, conditions or congenital anomalies; and risks involved with rescue operations and/or medical care conducted by Resort staff. I understand, affirm and agree that: (i) I have the physical fitness and dexterity and the knowledge required to safely load, ride and unload the trams, gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances; (ii) falls, collisions and injuries are a common and ordinary occurrence of the Activities;

Appears in 1 contract

Samples: Summer Passes & Activities Agreement

BE ADVISED. You must sign this Agreement to purchase a the Pass at a discounted price from the day ticket price or to participate in certain Activities at some Resortsa Resort. The Pass does not guarantee access to a Resort for a minimum or a maximum number of days in each season or that a Resort will be open for a minimum or a maximum number of days each season. Use of the Pass to access a Resort is subject to, among other things, the Resort being open and having the capability and/or capacity to grant access. Each Resort reserves the right to close or limit access to the Resort for weather, safety, or any other reason at its sole discretion with or without notice during each season. I understand, accept and agree that use of the Pass is subject to the length and occurrence of each season, which may be affected by weather, weather- weather-related events, travel advisories, public health or government order, or any other event or occurrence that limits or prohibits a Resort from its full or partial operations. I understand, accept and agree that the Pass is for the sole use of the individual to whom it is issued, that such individual’s likeness, name, and/or other specific information will be associated with the Pass account and visible to Resort staff, and that the Pass is NOT TRANSFERABLE, CANNOT BE USED BY ANYONE OTHER THAN THE INDIVIDUAL TO WHOM IT IS ISSUED and CANNOT BE RESOLD. I also understand, accept and agree that the my Pass may be confiscated, revoked or suspended at any or all of the Resortssuspended, if, in the sole judgment and discretion of a Resort or Alterra Mountain Company, I act in any manner that endangers or may endanger the safety of me or another person; I violate the law or Resort policy; or I provide ski/snowboard lessons, guided tours, or other services at the Resort for compensation without the Resort’s prior express authorization; I use the Pass in a fraudulent manner; or I engage in misconduct, abuse Resort staff or other participants, or create a disturbance or nuisance; or I revoke this Agreement. I further understand, accept and agree that such acts may also beprosecuted be prosecuted as a criminal offense, as applicable. I acknowledge the affirmative duty to immediately notify the issuer if my Pass is lost or stolen. I understandUNDERSTAND, accept and agree that if I or any Releasor is involved in, or witnesses, a collision or other incident at the Resort, the Resort may disclose my and/or the relevant Releasor’s name and contact information to third parties involved in the collision or incident, including the investigation, treatment and adjudication thereof. If consent is required, I or any Releasor expressly consent to such disclosure, and I or any Releasor hereby waive any and all claims against Resort that I or any Releasor did not consent to such disclosure. I UNDERSTAND ACCEPT AND AGREE THAT THIS AGREEMENT WILL REMAIN IN EFFECT UNTIL REVOKED IN WRITING BY ME I PROVIDE WRITTEN REVOCATION TO EACH APPLICABLE RESORT OR BY TO IKON PASS, INC., IF THE RELEASORS REVOCATION IS INTENDED TO APPLY TO ALL RESORTS, AND THE REVOCATION IS COUNTERSIGNED BY AN AUTHORIZED SIGNATORY OF A RESORTEACH APPLICABLE RESORT OR IKON PASS, INC., IF THE REVOCATION IS INTENDED TO APPLY TO ALL RESORTS. THIS AGREEMENT CANNOT BE MODIFIED. I UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL APPLY EVERY TIME TO EACH DAY AND EACH SEASON THAT I OR ANY RELEASOR ENGAGES ACCESS A RESORT AND TO EACH ACTIVITY THAT I OR ANY RELEASOR PARTICIPATE IN AN ACTIVITY AT A RESORT WITHOUT REQUIRING ME OR ANY RELEASOR TO SIGN AN ADDITIONAL AGREEMENT. I understand, accept and agree that participation in the Activities, including the use of Equipment, is HAZARDOUS and involves risks of physical bodily injury that may include serious permanent disability or death. I acknowledge and accept all dangers and risks associated with the Activities, including the use of Equipment, whether or not expressly listed in this Agreement, whether or not known or and unknown to me, or whether or not they are inherent risks of the Activities, including the use of Equipment. UNDERSTANDING AND ACCEPTING ALL DANGERS AND RISKS, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT AND/EQUIPMENT, OR VOLUNTARILY CHOOSE TO ALLOW RELEASORS ANY RELEASOR TO TAKE PART PARTICIPATE IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT. I understand, accept and agree that all the Activities at the Resort and especially those Activities conducted in a high alpine environment, involve numerous dangers and risks that can lead to serious injury and even death. Such dangers and risks include reduced oxygen in the air; rapidly changing including unpredictable or variable snow or weather conditions; extreme cold; frostbite; hypothermia; high elevation; wildlife and domestic animal encounters; exposure to the sun, rain, snow, hail and lightning; floods; landslides; open water hazardselements; lack of shelter; encounters with wildlife, insects or poisonous plants; natural or humanmade features or structures; steep inclines and declines; uneven and varying slopes and terrain; rocks of various sizes; trees, stumps, branches, and limbs; exposed rootstree xxxxx; downed timbermarked and unmarked obstacles; natural or artificial features, objects, or debris; snow immersion; deep snow conditions; slush; ice; bare spots; unstable ice and snow (including but not limited to snow slides and avalanches); changes or variations in terrain or snow conditions; surface and subsurface conditions; open water hazards; rugged mountainous terrain; cliffs; holes and potholes; surface depressions; wet and/or slippery surfaces and features; dirt features and other constructed features including bridges, ramps, ladders, bumps, berms, jumps, gaps, drops, wall rides and elevated stunts; negligent design and/or construction of features and trails; debris on tracks or trails; failure or malfunction of Equipment including brake devices; trips, slips and fallsravines; collisions with other skiers, snowboarders and participants, snowmobiles, snowmaking and snow-grooming equipment or other vehicles, property or structures; operation of snowmaking equipment which may create blind spots or areas of reduced visibility; acts of other skiers, featuressnowboarders and participants; carelessness and misjudgments on the part of other participants, Releasors, or Resort staff, including failure to follow applicable rules, policies and procedures; use of gondolas, chairlifts, rope or other tows, moving carpets, or any other conveyance which may involve entanglement with equipment, objects, or other participants; flying disksskier, golf ballssnowboarder participant, or other objects; being hit by a drone; being hit by a gondola cabin or chair; loss of balance or control; falling objects; falling from platformsindividual, cables, trams, gondolas, chairlifts and any other conveyance or structure; climbing ladders or other vertical structures; falling off the wall or ropes; loose or damaged hand or toe holds; failure or malfunction of ropes, cables, or other gear or devices including broken ropes or cables, tethers, pulleyserrors in loading/unloading, and harnessesequipment malfunction or breakdown; becoming lost slick or separated from Resort staff or other participants; vertigo; water immersion, drowning, hypothermia; overexertion; dehydration; sun xxxxx, sun stroke, skin xxxxx and abrasions; cuts, infection, fatigue, strains, fractures, activation or aggravation of pre-existing physical injuries, conditions or congenital anomalies; and risks involved with rescue operations and/or medical care conducted by Resort staffuneven walking surfaces. I understand, affirm and agree that: (i) I have the physical fitness and dexterity and the knowledge required to safely load, ride and unload the trams, gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances; (ii) falls, collisions and injuries are a common and ordinary occurrence of the Activities;; (iii) I shall obey all signs, markings, ropes and warnings posted at the Resort and all applicable laws and regulations; (iv) entering or skiing or snowboarding in a “CLOSED” area may be illegal and/or result in revocation or suspension of the Pass or lift ticket; (v) skiing or snowboarding off of designated trails may be more dangerous to me and others than skiing or snowboarding on designated trails; (vi) there are risks involved in decision-making and conduct of others including risks involved with rescue operations and medical care conducted or provided by Resort staff or third parties inside or outside of Resort boundaries, risks associated with decision-making by Resort staff to open and close terrain, and the risk that Resort staff may misjudge weather, trail or snow conditions, route/terrain selection, or limitations of Releasor’s abilities that may make a certain aspect of the Activity inappropriate for the Releasor; and (vii) I will exercise caution around and will avoid snowmobiles, sno-cats, snowmaking and snow-grooming equipment, vehicles, structures, signs, immovable objects or other property that I may encounter at any time. Further, I accept the responsibility to maintain deliberate and conscious control and to take precautions to avoid hazards at all times while skiing, snowboarding or participating in other Activities. If applicable, I agree to read to, or to have Minor or other Releasors read, and to explain to Minor or other Releasors, if necessary, all posted Resort policies, signs, markings, and warnings including instructions on the use of gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances.

Appears in 1 contract

Samples: Release Agreement

BE ADVISED. You must sign this Agreement to purchase a the Pass at a discounted price from the day ticket price or to participate in certain Activities at some Resortsa Resort. The Pass does not guarantee access to a Resort for a minimum or a maximum number of days in each season or that a Resort will be open for a minimum or a maximum number of days each season. Use of the Pass to access a Resort is subject to, among other things, the Resort being open and having the capability and/or capacity to grant access. Each Resort reserves the right to close or limit access to the Resort for weather, safety, or any other reason at its sole discretion with or without notice during each season. I understand, accept and agree that use of the Pass is subject to the length and occurrence of each season, which may be affected by weather, weather- weather-related events, travel advisories, public health or government order, or any other event or occurrence that limits or prohibits a Resort from its full or partial operations. I understand, accept and agree that the Pass is for the sole use of the individual to whom it is issued, that such individual’s likeness, name, and/or other specific information will be associated with the Pass account and visible to Resort staff, and that the Pass is NOT TRANSFERABLE, CANNOT BE USED BY ANYONE OTHER THAN THE INDIVIDUAL TO WHOM IT IS ISSUED and CANNOT BE RESOLD. I also understand, accept and agree that the Pass may be confiscated, revoked or suspended at any or all of the Resorts, if, in the sole judgment and discretion of a Resort or Alterra Mountain Company, I act in any manner that endangers or may endanger the safety of me or another person; I violate the law or Resort policy; I organize or run an unauthorized event; or I provide ski/snowboard lessons, guided tours, or other services at the Resort for compensation without the Resort’s prior express authorization; I use the Pass in a fraudulent manner; or I engage in misconduct, abuse Resort staff or other participants, or create a disturbance or nuisance; or I revoke this Agreement. I further understand, accept and agree that such acts may also beprosecuted be prosecuted as a criminal offense, as applicable. I acknowledge the affirmative duty to immediately notify the issuer if my the Pass is lost or stolen. I understand, accept and agree that if I or any Releasor is involved in, or witnesses, a collision or other incident at the Resort, the Resort may disclose my and/or the relevant Releasor’s name and contact information to third parties involved in the collision or incident, including the investigation, treatment and adjudication thereof. If consent is required, I or any Releasor expressly consent to such disclosure, and I or any Releasor hereby waive any and all claims against the Resort that I or any Releasor did not consent to such disclosure. I UNDERSTAND UNDERSTAND, ACCEPT AND AGREE THAT THIS AGREEMENT WILL REMAIN IN EFFECT UNTIL REVOKED IN WRITING BY ME OR BY I PROVIDE WRITTEN REVOCATION TO EACH APPLICABLE RESORT AND THE RELEASORS AND REVOCATION IS COUNTERSIGNED BY AN AUTHORIZED SIGNATORY OF A EACH APPLICABLE RESORT. THIS AGREEMENT CANNOT BE MODIFIED. I UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL APPLY EVERY TIME TO EACH DAY AND EACH SEASON THAT I OR ANY RELEASOR ENGAGES ACCESS A RESORT AND TO EACH ACTIVITY THAT I OR ANY RELEASOR PARTICIPATE IN AN ACTIVITY AT A RESORT WITHOUT REQUIRING ME OR ANY RELEASOR TO SIGN AN ADDITIONAL AGREEMENT. I understand, accept and agree that participation in the Activities, including the use of Equipment, is HAZARDOUS and involves risks of physical bodily injury that may include serious permanent disability or death. I acknowledge and accept all dangers and risks associated with the Activities, including the use of Equipment, whether or not expressly listed in this Agreement, whether known or unknown to me, or whether they are or not inherent risks of the Activities, including the use of Equipment. UNDERSTANDING AND ACCEPTING ALL DANGERS AND RISKS, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT AND/OR VOLUNTARILY CHOOSE TO ALLOW RELEASORS TO TAKE PART IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT. I understand, accept and agree that all the Activities at the Resort and especially those Activities conducted in a high alpine environment, involve numerous dangers and risks that can lead to serious injury and even death. Such dangers and risks include reduced oxygen in the air; rapidly changing including unpredictable or variable snow or weather conditions; extreme cold; frostbite; hypothermia; high elevation; wildlife and domestic animal encounters; exposure to the sun, rain, snow, hail and lightning; floods; landslides; open water hazardselements; lack of shelter; encounters with wildlife, insects or poisonous plants; natural or humanmade features or structures; steep inclines and declines; uneven and varying slopes and terrain; rocks of various sizes; trees, stumps, branches, and limbs; exposed rootstree xxxxx; downed timbermarked and unmarked obstacles; natural or artificial features, objects, or debris; snow immersion; deep snow conditions; slush; ice; bare spots; unstable ice and snow (including but not limited to snow slides and avalanches); changes or variations in terrain or snow conditions; surface and subsurface conditions; open water hazards; rugged mountainous terrain; cliffs; holes and potholes; surface depressions; wet and/or slippery surfaces and features; dirt features and other constructed features including bridges, ramps, ladders, bumps, berms, jumps, gaps, drops, wall rides and elevated stunts; negligent design and/or construction of features and trails; debris on tracks or trails; failure or malfunction of Equipment including brake devices; trips, slips and fallsravines; collisions with other skiers, snowboarders and participants, snowmobiles, snowmaking and snow-grooming equipment or other vehicles, property or structures; operation of snowmaking equipment which may create blind spots or areas of reduced visibility; acts of other skiers, featuressnowboarders and participants; carelessness and misjudgments on the part of other participants, Releasors, or other participantsResort staff, including failure to follow applicable rules, policies and procedures; flying disks, golf balls, or other objects; being hit by a drone; being hit by a gondola cabin or chair; loss use of balance or control; falling objects; falling from platforms, cables, trams, gondolas, chairlifts and chairlifts, rope or other tows, moving carpets, or any other conveyance or structure; climbing ladders or other vertical structures; falling off the wall or ropes; loose or damaged hand or toe holds; failure or malfunction of ropeswhich may involve entanglement with equipment, cablesobjects, or other gear skiers, snowboarders, participants, or devices including broken ropes or cablesother individuals, tethers, pulleyserrors in loading/unloading, and harnessesequipment malfunction or breakdown; becoming lost slick or separated from Resort staff or other participants; vertigo; water immersion, drowning, hypothermia; overexertion; dehydration; sun xxxxx, sun stroke, skin xxxxx and abrasions; cuts, infection, fatigue, strains, fractures, activation or aggravation of pre-existing physical injuries, conditions or congenital anomalies; and risks involved with rescue operations and/or medical care conducted by Resort staffuneven walking surfaces. I understand, affirm and agree that: (i) I have the physical fitness and dexterity and the knowledge required to safely load, ride and unload the trams, gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances; (ii) falls, collisions and injuries are a common and ordinary occurrence of the Activities;; (iii) I shall obey all signs, markings, ropes and warnings posted at the Resort and all applicable laws and regulations; (iv) entering or skiing or snowboarding in a “CLOSED” area may be illegal and/or result in confiscation, revocation or suspension of the Pass or lift ticket; (v) skiing or snowboarding off of designated trails may be more dangerous to me and others than skiing or snowboarding on designated trails; (vi) there are risks involved in decision-making and conduct of others including risks involved with rescue operations and medical care conducted or provided by Resort staff or third parties inside or outside of Resort boundaries, risks associated with decision-making by Resort staff to open and close terrain, and the risk that Resort staff may misjudge weather, trail or snow conditions, route/terrain selection, or limitations of Releasor’s abilities that may make a certain aspect of the Activity inappropriate for the Releasor; and (vii) I will exercise caution around and will avoid snowmobiles, sno-cats, snowmaking and snow-grooming equipment, vehicles, structures, signs, immovable objects or other property that I may encounter at any time. Further, I accept the responsibility to maintain deliberate and conscious control and to take precautions to avoid hazards at all times while skiing, snowboarding or participating in other Activities. If applicable, I agree to read to, or to have Minor or other Releasors read, and to explain to Minor or other Releasors, if necessary, all posted Resort policies, signs, markings, and warnings including instructions on the use of trams, gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances.

Appears in 1 contract

Samples: Release Agreement

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BE ADVISED. You must sign this Agreement to purchase a the Pass at a discounted price from the day ticket price or to participate in certain Activities at some Resortsa Resort. The Pass does not guarantee access to a Resort for a minimum or a maximum number of days in each season or that a Resort will be open for a minimum or a maximum number of days each season. Use of the Pass to access a Resort is subject to, among other things, the Resort being open and having the capability and/or capacity to grant access. Each Resort reserves the right to close or limit access to the Resort for weather, safety, or any other reason at its sole discretion with or without notice during each season. I understand, accept and agree that use of the Pass is subject to the length and occurrence of each season, which may be affected by weather, weather- weather-related events, travel advisories, public health or government order, or any other event or occurrence that limits or prohibits a Resort from its full or partial operations. I understand, accept and agree that the Pass is for the sole use of the individual to whom it is issued, that such individual’s likeness, name, and/or other specific information will be associated with the Pass account and visible to Resort staff, and that the Pass is NOT TRANSFERABLE, CANNOT BE USED BY ANYONE OTHER THAN THE INDIVIDUAL TO WHOM IT IS ISSUED and CANNOT BE RESOLD. I also understand, accept and agree that the my Pass may be confiscated, revoked or suspended at any or all of the Resortssuspended, if, in the sole judgment and discretion of a Resort or Alterra Mountain Company, I act in any manner that endangers or may endanger the safety of me or another person; I violate the law or Resort policy; or I provide ski/snowboard lessons, guided tours, or other services at the Resort for compensation without the Resort’s prior express authorization; I use the Pass in a fraudulent manner; or I engage in misconduct, abuse Resort staff or other participants, or create a disturbance or nuisance; or I revoke this Agreement. I further understand, accept and agree that such acts may also beprosecuted be prosecuted as a criminal offense, as applicable. I acknowledge the affirmative duty to immediately notify the issuer if my Pass is lost or stolen. I understandUNDERSTAND, accept and agree that if I or any Releasor is involved in, or witnesses, a collision or other incident at the Resort, the Resort may disclose my and/or the relevant Releasor’s name and contact information to third parties involved in the collision or incident, including the investigation, treatment and adjudication thereof. If consent is required, I or any Releasor expressly consent to such disclosure, and I or any Releasor hereby waive any and all claims against Resort that I or any Releasor did not consent to such disclosure. I UNDERSTAND ACCEPT AND AGREE THAT THIS AGREEMENT WILL REMAIN IN EFFECT UNTIL REVOKED IN WRITING BY ME OR BY I PROVIDE WRITTEN REVOCATION TO EACH APPLICABLE RESORT, IF THE RELEASORS REVOCATION IS INTENDED TO APPLY TO ALL RESORTS, AND THE REVOCATION IS COUNTERSIGNED BY AN AUTHORIZED SIGNATORY OF A EACH APPLICABLE RESORT, IF THE REVOCATION IS INTENDED TO APPLY TO ALL RESORTS. THIS AGREEMENT CANNOT BE MODIFIED. I UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL APPLY EVERY TIME TO EACH DAY AND EACH SEASON THAT I OR ANY RELEASOR ENGAGES ACCESS A RESORT AND TO EACH ACTIVITY THAT I OR ANY RELEASOR PARTICIPATE IN AN ACTIVITY AT A RESORT WITHOUT REQUIRING ME OR ANY RELEASOR TO SIGN AN ADDITIONAL AGREEMENT. I understand, accept and agree that participation in the Activities, including the use of Equipment, is HAZARDOUS and involves risks of physical bodily injury that may include serious permanent disability or death. I acknowledge and accept all dangers and risks associated with the Activities, including the use of Equipment, whether or not expressly listed in this Agreement, whether or not known or and unknown to me, or whether or not they are inherent risks of the Activities, including the use of Equipment. UNDERSTANDING AND ACCEPTING ALL DANGERS AND RISKS, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT AND/EQUIPMENT, OR VOLUNTARILY CHOOSE TO ALLOW RELEASORS ANY RELEASOR TO TAKE PART PARTICIPATE IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT. I understand, accept and agree that all the Activities at the Resort and especially those Activities conducted in a high alpine environment, involve numerous dangers and risks that can lead to serious injury and even death. Such dangers and risks include reduced oxygen in the air; rapidly changing including unpredictable or variable snow or weather conditions; extreme cold; frostbite; hypothermia; high elevation; wildlife and domestic animal encounters; exposure to the sun, rain, snow, hail and lightning; floods; landslides; open water hazardselements; lack of shelter; encounters with wildlife, insects or poisonous plants; natural or humanmade features or structures; steep inclines and declines; uneven and varying slopes and terrain; rocks of various sizes; trees, stumps, branches, and limbs; exposed rootstree xxxxx; downed timbermarked and unmarked obstacles; natural or artificial features, objects, or debris; snow immersion; deep snow conditions; slush; ice; bare spots; unstable ice and snow (including but not limited to snow slides and avalanches); changes or variations in terrain or snow conditions; surface and subsurface conditions; open water hazards; rugged mountainous terrain; cliffs; holes and potholes; surface depressions; wet and/or slippery surfaces and features; dirt features and other constructed features including bridges, ramps, ladders, bumps, berms, jumps, gaps, drops, wall rides and elevated stunts; negligent design and/or construction of features and trails; debris on tracks or trails; failure or malfunction of Equipment including brake devices; trips, slips and fallsravines; collisions with other skiers, snowboarders and participants, snowmobiles, snowmaking and snow-grooming equipment or other vehicles, property or structures; operation of snowmaking equipment which may create blind spots or areas of reduced visibility; acts of other skiers, featuressnowboarders and participants; carelessness and misjudgments on the part of other participants, Releasors, or Resort staff, including failure to follow applicable rules, policies and procedures; use of gondolas, chairlifts, rope or other tows, moving carpets, or any other conveyance which may involve entanglement with equipment, objects, or other participants; flying disksskier, golf ballssnowboarder participant, or other objects; being hit by a drone; being hit by a gondola cabin or chair; loss of balance or control; falling objects; falling from platformsindividual, cables, trams, gondolas, chairlifts and any other conveyance or structure; climbing ladders or other vertical structures; falling off the wall or ropes; loose or damaged hand or toe holds; failure or malfunction of ropes, cables, or other gear or devices including broken ropes or cables, tethers, pulleyserrors in loading/unloading, and harnessesequipment malfunction or breakdown; becoming lost slick or separated from Resort staff or other participants; vertigo; water immersion, drowning, hypothermia; overexertion; dehydration; sun xxxxx, sun stroke, skin xxxxx and abrasions; cuts, infection, fatigue, strains, fractures, activation or aggravation of pre-existing physical injuries, conditions or congenital anomalies; and risks involved with rescue operations and/or medical care conducted by Resort staffuneven walking surfaces. I understand, affirm and agree that: (i) I have the physical fitness and dexterity and the knowledge required to safely load, ride and unload the trams, gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances; (ii) falls, collisions and injuries are a common and ordinary occurrence of the Activities;; (iii) I shall obey all signs, markings, ropes and warnings posted at the Resort and all applicable laws and regulations; (iv) entering or skiing or snowboarding in a “CLOSED” area may be illegal and/or result in revocation or suspension of the Pass or lift ticket; (v) skiing or snowboarding off of designated trails may be more dangerous to me and others than skiing or snowboarding on designated trails; (vi) there are risks involved in decision-making and conduct of others including risks involved with rescue operations and medical care conducted or provided by Resort staff or third parties inside or outside of Resort boundaries, risks associated with decision-making by Resort staff to open and close terrain, and the risk that Resort staff may misjudge weather, trail or snow conditions, route/terrain selection, or limitations of Releasor’s abilities that may make a certain aspect of the Activity inappropriate for the Releasor; and (vii) I will exercise caution around and will avoid snowmobiles, sno-cats, snowmaking and snow- grooming equipment, vehicles, structures, signs, immovable objects or other property that I may encounter at any time. Further, I accept the responsibility to maintain deliberate and conscious control and to take precautions to avoid hazards at all times while skiing, snowboarding or participating in other Activities. If applicable, I agree to read to, or to have Minor or other Releasors read, and to explain to Minor or other Releasors, if necessary, all posted Resort policies, signs, markings, and warnings including instructions on the use of gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances.

Appears in 1 contract

Samples: Release Agreement

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