PLEASE READ CAREFULLY BEFORE SIGNING. The person using the mountain coaster and/or facilities at Bogus Basin Recreational Association, Inc. (“Bogus Basin”), and/or is a licensee/invitee on land owned by Bogus Basin and/or land leased to Bogus Basin by the U.S. Forest Services (“Bogus Basin area”) shall be referred to hereinafter as “Participant.” The use of the Bogus Basin mountain coaster by the Participant shall be referred to as the “Activity.” The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. Undersigned hereby acknowledges that he/she has received valid consideration in exchange for agreeing to the terms set forth in this Agreement. The Undersigned agrees and understands that the Activity can be hazardous and involves the RISK OF PHYSICAL INJURY OR DEATH, and such risk is inherent and cannot be reasonably avoided without changing the nature of the Activity. The Undersigned further acknowledges that he/she has read this Agreement, and EXPRESSLY ASSUMES ALL RISKS of the Activity, inherent or otherwise. In consideration of allowing the Participant to use the Bogus Basin area, the Undersigned agrees to RELEASE Bogus Basin from any and all liability and/or claims for injury or death to persons or damage to property arising from the Participant’s participation in the Activity, including those claims based on Bogus Basin’s alleged or actual NEGLIGENCE. Further, the Undersigned agrees to WAIVE his/her right to file a lawsuit against Bogus Basin for any existing or future claims. The Undersigned agrees to DEFEND and INDEMNIFY Bogus Basin from all claims for property damage, injury or death arising out of Participant’s participation in the Activity, which (1) he/she may suffer or for which (2) he/she may be liable to others or for (3) Participant’s conduct that may contribute to a claim being asserted against Bogus Basin. The Undersigned understands that Bogus Basin may furnish first aid care, including, but not limited to, transportation for Participant to a facility where defined medical care can be provided at no expense to Bogus Basin. The Undersigned understands that the furnishing of medical care is in no way an admission or an assumption of liability on the part of Bogus Basin, its officers, agents or employees. In consideration for allowing Participant to participate in the Activity, the Undersigned agrees that any and all claims for injury and/or death arising from the Participant’s participation in the Activity shall be GOVERNED BY IDAHO LAW and EXCLUSIVE JURISDICTION of any claim shall be in the STATE DISTRICT COURT residing in the county where the alleged incident occurred or in the FEDERAL COURT FOR THE STATE OF IDAHO. The Undersigned understands that the mountain coaster pass is a privilege that may be revoked or suspended at any time due to inappropriate behavior. Finally, in consideration for allowing the Participant to use Bogus Basin’s chairlifts, facilities and/or ski area, the Participant agrees to RELEASE Bogus Basin from any and all liability and/or claims stemming from the use of the Participant’s image while using Bogus Basin.
Appears in 1 contract
Samples: Assumption of Risk and Release of Liability Agreement
PLEASE READ CAREFULLY BEFORE SIGNING. The person using the mountain coaster and/or facilities at any Bogus Basin Recreational Association, Inc. (“Bogus Basin”)) chairlift and/or facilities, and/or is a licensee/invitee on land owned by Bogus Basin and/or land leased to Bogus Basin by the U.S. Forest Services (“Bogus Basin area”) for summer/fall activities (as defined below) shall be referred to hereinafter as “Participant.” The use of the Bogus Basin mountain coaster by the Participant shall be referred to as the “Activity.” The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. Undersigned hereby acknowledges that he/she has received valid consideration in exchange for agreeing to the terms set forth in this Agreement. The summer/fall activities that Participant may participate in at Bogus Basin include: (1) summer tubing, (2) bungee trampolines, (3) climbing wall, and (4) alpine coaster (the “Activities”). The Undersigned agrees and understands that the Activity Activities can be hazardous and involves involve the RISK OF PHYSICAL INJURY OR DEATH, and such risk is inherent and cannot be reasonably avoided without changing the nature of the ActivityActivities. The Undersigned further acknowledges that he/she has read this Agreement, and EXPRESSLY ASSUMES ALL RISKS of the ActivityActivities, inherent or otherwise. In consideration of allowing the Participant to use the Bogus Basin area, the Undersigned agrees to RELEASE Bogus Basin from any and all liability and/or claims for injury or death to persons or damage to property arising from the Participant’s participation in the ActivityActivities, including those claims based on Bogus Basin’s alleged or actual NEGLIGENCE. Further, the Undersigned agrees to WAIVE his/her right to file a lawsuit against Bogus Basin for any existing or future claims. The Undersigned agrees to DEFEND and INDEMNIFY Bogus Basin from all claims for property damage, injury or death arising out of Participant’s participation in use of the ActivityBogus Basin ski area and/or all claims for property damage, which (1) he/she may suffer injury or for which (2) he/she may be liable to others or for (3) death arising out of Participant’s conduct that may contribute to a claim being asserted against Bogus Basin. The Undersigned understands that Bogus Basin may furnish first aid care, including, including but not limited to, : transportation for Participant to a facility where defined medical care can be provided at no expense to Bogus Basin. The Undersigned understands that the furnishing of medical care is in no way an admission or an assumption of liability on the part of Bogus Basin, its officers, agents or employees. In consideration for allowing Participant to participate in the ActivityActivities, the Undersigned agrees that any and all claims for injury and/or death arising from the Participant’s participation in the Activity Activities shall be GOVERNED BY IDAHO LAW and EXCLUSIVE JURISDICTION of any claim shall be in the STATE DISTRICT COURT residing in the county where the alleged incident occurred or in the FEDERAL COURT FOR THE STATE OF IDAHO. The Undersigned understands that the mountain coaster a summer activities day pass is a privilege that may be revoked or suspended at any time due to inappropriate behavior. Finally, in consideration for allowing the Participant to use Bogus Basin’s chairlifts, facilities and/or ski area, the Participant agrees to RELEASE Bogus Basin from any and all liability and/or claims stemming from the use of the Participant’s image while using Bogus Basin.
Appears in 1 contract
Samples: Assumption of Risk, Release of Liability, Waiver and Indemnification Agreement
PLEASE READ CAREFULLY BEFORE SIGNING. The person using the mountain coaster and/or facilities at any Bogus Basin Recreational Association, Inc. (“Bogus Basin”)) chairlift and/or facilities, and/or is a licensee/invitee on land owned by Bogus Basin and/or land leased to Bogus Basin by the U.S. Forest Services (“Bogus Basin area”) for summer/fall activities (as defined below) shall be referred to hereinafter as “Participant.” The use of the Bogus Basin mountain coaster by the Participant shall be referred to as the “Activity.” The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. Undersigned hereby acknowledges that he/she has received valid consideration in exchange for agreeing to the terms set forth in this Agreement. The summer/fall activities that Participant may participate in at Bogus Basin include: (1) summer tubing, (2) bungee trampolines, (3) climbing wall, and (4) alpine coaster (the “Activities”). The Undersigned agrees and understands that the Activity Activities can be hazardous and involves involve the RISK OF PHYSICAL INJURY OR DEATH, and such risk is inherent and cannot be reasonably avoided without changing the nature of the ActivityActivities. The Undersigned further acknowledges that he/she has read this Agreement, and EXPRESSLY ASSUMES ALL RISKS of the ActivityActivities, inherent or otherwise. In consideration of allowing the Participant to use the Bogus Basin area, the Undersigned agrees to RELEASE Bogus Basin from any and all liability and/or claims for injury or death to persons or damage to property arising from the Participant’s participation in the ActivityActivities, including those claims based on Bogus Basin’s alleged or actual NEGLIGENCE. Further, the Undersigned agrees to WAIVE his/her right to file a lawsuit against Bogus Basin for any existing or future claims. The Undersigned agrees to DEFEND and INDEMNIFY Bogus Basin from all claims for property damage, injury or death arising out of Participant’s participation in use of the ActivityBogus Basin area, which (1) he/she may suffer or for which (2) he/she may be liable to others or for (3) Participant’s conduct that may contribute to a claim being asserted against Bogus Basin. The Undersigned understands that Bogus Basin may furnish first aid care, including, including but not limited to, : transportation for Participant to a facility where defined medical care can be provided at no expense to Bogus Basin. The Undersigned understands that the furnishing of medical care is in no way an admission or an assumption of liability on the part of Bogus Basin, its officers, agents or employees. In consideration for allowing Participant to participate in the ActivityActivities, the Undersigned agrees that any and all claims for injury and/or death arising from the Participant’s participation in the Activity Activities shall be GOVERNED BY IDAHO LAW and EXCLUSIVE JURISDICTION of any claim shall be in the STATE DISTRICT COURT residing in the county where the alleged incident occurred or in the FEDERAL COURT FOR THE STATE OF IDAHO. The Undersigned understands that the mountain coaster a summer activities day pass is a privilege that may be revoked or suspended at any time due to inappropriate behavior. Finally, in consideration for allowing the Participant to use Bogus Basin’s chairlifts, facilities and/or ski area, the Participant agrees to RELEASE Bogus Basin from any and all liability and/or claims stemming from the use of the Participant’s image while using Bogus Basin.
Appears in 1 contract
Samples: Assumption of Risk and Release of Liability Agreement
PLEASE READ CAREFULLY BEFORE SIGNING. The person using the mountain coaster and/or facilities at any Bogus Basin Recreational Association, Inc. (“Bogus Basin”)) chairlift and/or facilities, and/or is a licensee/invitee on land owned by Bogus Basin and/or land leased to Bogus Basin by the U.S. Forest Services (“Bogus Basin area”) for summer/fall activities (as defined below) shall be referred to hereinafter as “Participant.” The use of the Bogus Basin mountain coaster by the Participant shall be referred to as the “Activity.” The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. Undersigned hereby acknowledges that he/she has received valid consideration in exchange for agreeing to the terms set forth in this Agreement. The summer/fall activities that Participant may participate in at Bogus Basin include: (1) summer tubing, (2) bungee trampolines, (3) climbing wall, (4) alpine coaster, (5) use of the Bogus Basin chairlifts, and/or (6) mountain biking (the “Activities”). The Undersigned agrees and understands that the Activity Activities can be hazardous and involves involve the RISK OF PHYSICAL INJURY OR DEATH, and such risk is inherent and cannot be reasonably avoided without changing the nature of the ActivityActivities. The Undersigned further acknowledges that he/she has read this Agreement, and EXPRESSLY ASSUMES ALL RISKS of the ActivityActivities, inherent or otherwise. In consideration of allowing the Participant to use the Bogus Basin area, the Undersigned agrees to RELEASE Bogus Basin from any and all liability and/or claims for injury or death to persons or damage to property arising from the Participant’s participation in the ActivityActivities, including those claims based on Bogus Basin’s alleged or actual NEGLIGENCE. Further, the Undersigned agrees to WAIVE his/her right to file a lawsuit against Bogus Basin for any existing or future claims. The Undersigned agrees to DEFEND and INDEMNIFY Bogus Basin from all claims for property damage, injury or death arising out of Participant’s participation in the Activity, which (1) he/she may suffer or for which (2) he/she may be liable to others or for (3) Participant’s conduct that may contribute to a claim being asserted against Bogus Basin. The Undersigned understands that Bogus Basin may furnish first aid care, including, including but not limited to, : transportation for Participant to a facility where defined medical care can be provided at no expense to Bogus Basin. The Undersigned understands that the furnishing of medical care is in no way an admission or an assumption of liability on the part of Bogus Basin, its officers, agents or employees. In consideration for allowing Participant to participate in the ActivityActivities, the Undersigned agrees that any and all claims for injury and/or death arising from the Participant’s participation in the Activity Activities shall be GOVERNED BY IDAHO LAW and EXCLUSIVE JURISDICTION of any claim shall be in the STATE DISTRICT COURT residing in the county where the alleged incident occurred or in the FEDERAL COURT FOR THE STATE OF IDAHO. The Undersigned understands that the mountain coaster pass a summer activities day ticket is a privilege that may be revoked or suspended at any time due to inappropriate behavior. Finally, in consideration for allowing the Participant to use Bogus Basin’s chairlifts, facilities and/or ski area, the Participant agrees to RELEASE Bogus Basin from any and all liability and/or claims stemming from the use of the Participant’s image while using Bogus Basin.
Appears in 1 contract
Samples: Assumption of Risk and Release of Liability Agreement