Common use of RISK OF PHYSICAL INJURY OR DEATH Clause in Contracts

RISK OF PHYSICAL INJURY OR DEATH. I understand and agree that the use of the ski area facilities involves risks including, but not limited to, high elevation, wildlife encounters, falling trees and limbs, marked and unmarked obstacles, deep snow conditions and tree xxxxx, slick or uneven walking surfaces, surfaces covered with ice and snow, unstable ice and snow including but not limited to slides and avalanches, rugged mountainous terrain, acts of other skiers, collisions with snowmobiles, snowmaking and snow-grooming equipment, or other vehicles or equipment, and equipment malfunction. I understand and agree that there are risks involved in decision-making and conduct of Resorts’ employees involved with an Activity, including, but not limited to, the risks involved with rescue operations and/or medical care conducted or provided by Resort personnel inside or outside of Resort boundaries, the risks associated with decisions made by Resort personnel to open and/or close terrain, and the risk that an instructor/guide/coach may misjudge Participant’s abilities, conditioning, or misjudge weather, terrain, snow conditions, route selection, location, or some aspect of Participant’s mental, emotional or physical condition that may make a certain portion of any Activity appropriate or inappropriate for the Participant. I understand that falls and collisions occur and injuries are a common and ordinary occurrence of the Activity. RECOGNIZING AND ACCEPTING THE RISKS, PARTICIPANT VOLUNTARILY CHOOSE TO TAKE PART IN THE ACTIVITY OR I VOLUNTARILY CHOOSE TO ALLOW MINOR TO TAKE PART IN THE ACTIVITIES. Participant accepts the responsibility of maintaining control at all times while skiing. I agree to read, to have Participant read and, if necessary explain to Minor, all posted signs and warnings including instructions on the use of lifts and rental or other equipment. Participant agrees to obey all signs and warnings posted at the Resorts. I understand that Participant must have the physical dexterity and knowledge to safely load, ride and unload the lifts without assistance. I assume the risks of Participant riding the lifts and engaging in Activities accessible from the lifts. I UNDERSTAND AND AGREE THAT MINOR WILL BE USING SKI LIFTS WITHOUT A SKI INSTRUCTOR OR OTHER ADULT PRESENT AND THAT MINOR MAY ENTER AND USE FREESTYLE TERRAIN INCLUDING NATURAL AND MAN-MADE FEATURES. PARTICIPATION IN THE CHILDREN’S OR ADULT’S SKI/RIDE SCHOOL DOES NOT AND CANNOT ELIMINATE THE DANGERS AND RISKS OF SKIING OR USING SKI LIFTS. I agree not to enter a “CLOSED” area and understand that entering or skiing in a “CLOSED” area is illegal and more dangerous to Participant and others than skiing in open areas of the ski area. I agree to inspect before use all equipment offered for use by Resorts including, but not limited to, rental skis or snowboard, boots, bindings, helmet, ski bike, ice skates, tubing or exercise equipment or any other equipment (the “Equipment”) and ask questions of Resorts’ employees if Participant does not fully understand how to use either the Equipment or Resorts’ facilities. I warrant that information provided to rental and ski/board school technicians and personnel will be accurate and complete. I understand and agree that I may not be available or present when the Minor’s Equipment is fitted and adjusted and hereby waive the opportunity to verify the helmet size and fit and binding settings and authorizes employees of the Resorts, other than the technician performing the fitting and adjustment, to verify the helmet size and fit and binding settings. I understand and agree that, although I 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 xxxx, xxxx or spinal cord. I understand and agree that bindings may not release at all times or under all circumstances where release may prevent injury or death. It is not possible to predict every situation in which bindings will release. In snowboarding, cross-country, telemark skiing, snowblading, and ski boarding, the binding system will not ordinarily release during use and such bindings may not be designed to release as a result of forces generated during ordinary operation. I accept for use “AS IS” any Equipment Participant uses for an Activity and to return either before use or promptly after discovery, for replacement or repair, any Equipment believed by Participant to be damaged or defective in any way. I accept full responsibility for the care of the Equipment used for an Activity and agrees that I will be responsible for the replacement at full retail value of any Equipment damaged or not returned. I understand Check Box Last Name: First Name: and agree that additional fees may be required for use of the facilities, Equipment, ski instruction or other services provided by the Resorts and that age and height restrictions may apply to limit participation in some Activities and at some facilities. I understand and agree that the Resorts may offer for use an electronic system (the “System”) that aids in tracking the location of Participant on the mountain. I consent to use of the System notwithstanding that there are limitations to the effectiveness and operation of the System and understand that the System is not guaranteed to always be capable of locating Participant or otherwise functioning as intended.

RISK OF PHYSICAL INJURY OR DEATH. I The Undersigned understand and agree that the use of the ski area facilities Activity involves strenuous activity at high altitude and hereby assumes those risks. The Undersigned understand and agree that risks includingassociated with participating in an Activity, in addition to those previously listed or described below, include, but are not limited to, to high elevation, wildlife encounters, falling trees and limbs, marked and unmarked obstacles, deep snow conditions and tree xxxxx, slick or uneven walking surfaces, surfaces covered with ice and snow, unstable ice and snow including but not limited to slides and avalanches, rugged mountainous terrain, acts of other skiers, collisions with snowmobiles, snowmaking and snow-grooming equipment, or other vehicles or equipment, equipment and equipment malfunctionmalfunction and sharing ski area facilities and Activity venues with people directly involved and/or not directly involved in the Activity. I The Undersigned understand that snowmobiles, snowmaking, snow grooming and vehicles and other equipment may be encountered at any time and Volunteer must be alert for and avoid such equipment. The Undersigned recognize that falls and collisions occur and INJURIES or DEATH may result from Volunteer’s participation in an Activity. Undersigned understand and agree that there are risks involved in decision-making and conduct of Resorts’ NSCD or Resorts employees involved with an Activity, including, but not limited to, the risks associated with decisions made by Resort personnel to open and/or close terrain, the risks involved with rescue operations and/or medical care conducted or provided by Resort personnel inside or outside of Resort boundaries, the risks associated with decisions made by Resort personnel to open and/or close terrain, and the risk that an instructor/guide/coach may misjudge Participant’s abilities, conditioning, or misjudge weather, terrain, snow trail conditions, route route/terrain selection, location, or some aspect of Participant’s abilities, conditioning, mental, emotional or physical condition that may make a certain portion of any the Activity appropriate or inappropriate for the Participant. I .. Undersigned also understand and agree that falls there are risks involved with storing and/or leaving ski equipment at the Resort and collisions occur that NSCD and injuries are a common and ordinary occurrence Resort shall not be responsible for any loss of the Activity. RECOGNIZING AND ACCEPTING THE RISKS, PARTICIPANT VOLUNTARILY CHOOSE TO TAKE PART IN THE ACTIVITY OR I VOLUNTARILY CHOOSE TO ALLOW MINOR TO TAKE PART IN THE ACTIVITIES. Participant accepts the responsibility of maintaining control at all times while skiing. I agree or damage to read, to have Participant read and, if necessary explain to Minor, all posted signs and warnings including instructions on the use of lifts and rental or other Undersigned’s equipment. Participant agrees to obey all signs and warnings posted at the Resorts. I understand that Participant must have the physical dexterity and knowledge to safely load, ride and unload the lifts without assistance. I assume the risks of Participant riding the lifts and engaging in Activities accessible from the lifts. I UNDERSTAND AND AGREE THAT MINOR WILL BE USING SKI LIFTS WITHOUT A SKI INSTRUCTOR OR OTHER ADULT PRESENT AND THAT MINOR MAY ENTER AND USE FREESTYLE TERRAIN INCLUDING NATURAL AND MAN-MADE FEATURES. PARTICIPATION IN THE CHILDREN’S OR ADULT’S SKI/RIDE SCHOOL DOES NOT AND CANNOT ELIMINATE THE DANGERS AND RISKS OF SKIING OR USING SKI LIFTS. I agree not to enter a “CLOSED” area and understand that entering or skiing in a “CLOSED” area is illegal and more dangerous to Participant and others than skiing in open areas of the ski area. I Undersigned agree to inspect before use all equipment offered for use by Resorts the NSCD or Resort including, but not limited to, rental skis or ski, snowboard, adaptive equipment, boots, bindings, helmet, ski bike, ice skates, tubing exercise equipment, ropes, tethers, clips or exercise equipment or any other equipment (the “Equipment”) and ask questions of Resorts’ NSCD or Resort’s employees if Participant Volunteer does not fully understand how to use either the Equipment or Resorts’ Resort’s facilities. I Undersigned warrant that information provided to rental rental, NSCD, and ski/board school technicians and personnel will be accurate and complete. I understand and agree Adult understands that I he/she may not be available or present when the Minor’s Equipment is fitted and adjusted and hereby waive waives the opportunity to verify the helmet size and fit and binding or other settings and authorizes employees of the ResortsNSCD or Resort, other than the technician performing the fitting and adjustmentadjusting, to verify the helmet size and fit and binding other such settings. I Undersigned understand and agree that, although I Volunteer may be wearing a helmet, a helmet cannot guarantee ParticipantVolunteer’s safety and no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s xxxx, xxxx or spinal cord. I Undersigned understand and agree that bindings may not release at all times or under all circumstances where release may prevent injury or death. It is not possible to predict every situation in which bindings will release. In snowboarding, cross-country, telemark skiing, snowblading, and ski boarding, and some adaptive equipment, the binding system will not ordinarily release during use and such use. These bindings may not be designed to release as a result of forces generated during ordinary operation. I Undersigned accept for use “AS IS” any Equipment Participant Volunteer uses for an Activity and to return either before use or promptly after discovery, for replacement or repair, any Equipment believed by Participant Volunteer to be damaged or defective in any wayway either before use or promptly after discovery for replacement or repair. I accept Adult accepts full responsibility for the care of the Equipment used for an Activity and agrees that I Adult will be responsible for the replacement at full retail value of any Equipment damaged or not returned. I understand Check Box Last Name: First Name: RECOGNIZING THE RISKS, ADULT VOLUNTARILY CHOOSES TO TAKE PART IN THE ACTIVITY OR VOLUNTARILY CHOOSES TO ALLOW MINOR TO TAKE PART IN THE ACTIVITY. By signing this Agreement Adult on his/her own behalf and, if applicable, on behalf of Minor acknowledges the risks and agree that additional fees may be required for dangers associated with the Activities and the use of the facilitiesfacilities of the Resort generally and, Equipment, ski instruction or other services provided by the Resorts and that age and height restrictions may apply as a condition to limit Volunteer engaging in any Activities agrees to (1) ASSUME ANY AND ALL RISKS OF INJURY OR DEATH to Volunteer resulting from participation in some Activities any Activity; (2) WAIVE, RELEASE, and at some facilitiesNOT SUE, MAKE ANY CLAIMS OR FILE ANY ACTIONS against the NSCD, Intrawest/Winter Park Operations Corporation, Winter Park Recreational Association, the City and County of Denver, Altera Mountain Company, the United States, Winter Park Village Company Master Association, Inc., and each of their insurance carriers, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, assignees, employees, volunteers and agents, as well as any Activity sponsors and Equipment manufacturers and distributors (hereinafter the “Indemnified Parties”) that are based on, arise or result from, in whole or in part, participation in any Activity; (3) INDEMNIFY, DEFEND AND HOLD THE INDEMNIFIED PARTIES HARMLESS, from any and all claims, demands, actions, causes of action, losses or liabilities whatsoever arising from or related to participation in any Activity and any loss, damage or injury, including death, that may be sustained by Volunteer or caused to others or their property by Volunteer. I Undersigned agree to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Indemnified Party in defending an investigation, claim or suit brought by or on behalf of Undersigned. Undersigned understand and agree that the Resorts operator of a venue for an Activity shall have the right to confiscate or revoke the privileges conferred by a ticket/pass where in the sole judgment of its representative Volunteer 1) acts in any manner that endangers or may offer endanger the safety of Volunteer or any other person; 2) violates the law; 3) provides ski lessons, guided tours or related services for use an electronic system (compensation without express authorization; or 4) engages in misconduct or creates a nuisance. Such acts may also be prosecuted as a criminal offense. The Undersigned represent and warrant that Volunteer understands and acknowledges he/she has been informed of and understands all rules and regulations of participating in the “System”) that aids in tracking the location of Participant Activity. Volunteer is responsible for reading, understanding and complying with all signage, including instructions on the mountain. I consent to use of the System notwithstanding lifts. The Undersigned recognize that there are limitations Volunteer must have the physical dexterity and knowledge sufficient to safely participate in the Activity including to safely load, ride and unload the lifts and assist participants in the same if that is part of the Activity for Volunteer. Undersigned authorize the Resort, the NSCD and/or their authorized personnel to call for medical care, treatment and/or procedures (collectively “Care”), for Volunteer or to transport Volunteer to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agrees that upon Volunteer’s transport to a facility or hospital that the Resort and their personnel shall not have any further responsibility for Volunteer. Undersigned also consent to the effectiveness Care given by an emergency caregiver or under the instructions and operation directions of a licensed physician. Undersigned knowingly and voluntarily consents in advance to such Care to encourage the physicians and the Resort to exercise its best judgment in undertaking such Care. Further, Undersigned agree on behalf of him/herself and Minor Volunteer to pay all costs associated with such Care and transportation provided for Volunteer and to indemnify and hold harmless the indemnified Parties from any resulting costs. Undersigned give the NSCD and the Resort permission to take and use photographs and video of Volunteer taken during an Activity and use and sublicense such materials for any purpose in promoting the NSCD and Resort or related activities of the System NSCD and understand the Resort in print, brochures, advertisements, films and on broadcast presentations of any sort. In consideration for participation as a Volunteer, Adult agrees for him/herself and Minor that ALL claims arising from or related to any Activity, including for injury to person or property and/or death shall be GOVERNED BY COLORADO LAW, without regard to conflicts of law principles, and that EXCLUSIVE JURISDICTION shall be in the System District Court in Grand County, Colorado or in Federal Court for the District of Colorado. UNDERSIGNED VOLUNTARILY AND IRREVOCABLY WAIVE ANY OBJECTION TO APPLICATION OF SUCH LAW AND JURISDICTION. This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is not guaranteed found to always be capable unenforceable, the remaining terms shall be enforceable. THE UNDERSIGNED PARENT OR LEGAL GUARDIAN REPRESENTS AND ACKNOWLEDGES THAT HE/SHE IS ENTITLED TO AND IS SIGNING THIS AGREEMENT ON BEHALF OF MINOR AND THAT MINOR WILL BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. UNDERSIGNED UNDERSTAND AND AGREE THAT IF THIS AGREEMENT IS NOT SIGNED ON BEHALF OF MINOR, MINOR WILL NOT BE PERMITTED TO PARTICIPATE IN ANY ACTIVITY. This Agreement shall be binding upon Undersigned’s assignees, subrogors, distributors, heirs, next of locating Participant or otherwise functioning as intended.kin, executors and personal representatives. ADULT HAS CAREFULLY READ THIS AGREEMENT, UNDERSTANDS ITS CONTENTS, AND SIGNS ON BEHALF OF HIM/HERSELF AND, IF APPLICABLE, MINOR WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE BY SIGNING BELOW AND/OR ACCEPT IT BY USE OF THE ACTIVITY. Executed this day of , 201 PRINT Name of Volunteer Signature of VOLUNTEER / / Address of Volunteer Volunteer’s Date of Birth PRINT Name of Parent/Legal Guardian Signature of Parent/Legal Guardian Emergency Contact: ( ) US Military Active Duty/Reserve/Veteran Yes / No

RISK OF PHYSICAL INJURY OR DEATH. I Undersigned understand and agree that the use of the ski area facilities involves risks including, but not limited to, high elevation, wildlife encounters, falling trees and limbs, marked and unmarked obstacles, deep snow conditions and tree xxxxx, slick or uneven walking surfaces, surfaces covered with ice and snow, unstable ice and snow including but not limited to slides and avalanches, rugged mountainous terrain, acts of other skiers, collisions with snowmobiles, snowmaking and snow-grooming equipment, or other vehicles or equipment, equipment and equipment malfunction. I Undersigned understand and agree that there are risks involved in decision-making and conduct of Resorts’ employees involved with an Activity, including, but not limited to, the risks involved with rescue operations and/or medical care conducted or provided by Resort personnel inside or outside of Resort boundaries, the risks associated with decisions made by Resort personnel to open and/or close terrain, and the risk that an instructor/guide/coach may misjudge Participant’s abilities, conditioning, or misjudge weather, terrain, snow trail conditions, route route/terrain selection, location, or some aspect of Participant’s abilities, conditioning, mental, emotional or physical condition that may make a certain portion of any the Activity appropriate or inappropriate for the Participant. I The Undersigned understand that falls and collisions occur and injuries are a common and ordinary occurrence of the Activity. RECOGNIZING AND ACCEPTING THE RISKS, PARTICIPANT ADULT VOLUNTARILY CHOOSE CHOOSES TO TAKE PART IN THE ACTIVITY OR I VOLUNTARILY CHOOSE CHOOSES TO ALLOW MINOR TO TAKE PART IN THE ACTIVITIES. Participant accepts the responsibility of maintaining control at all times while skiing. I agree Adult agrees to read, to have Participant Minor read and, if necessary explain to Minor, all posted signs and warnings including instructions on the use of lifts and rental or other equipment. Participant agrees to obey all signs and warnings posted at the Resorts. I Undersigned understand that Participant must have the physical dexterity and knowledge to safely load, ride and unload the lifts without assistance. I Undersigned assume the risks of Participant riding the lifts and engaging in Activities accessible from the lifts. I UNDERSTAND ADULT UNDERSTANDS AND AGREE AGREES THAT MINOR WILL BE USING SKI LIFTS WITHOUT A SKI INSTRUCTOR OR OTHER ADULT PRESENT AND THAT MINOR MAY ENTER AND USE FREESTYLE TERRAIN INCLUDING NATURAL AND MAN-MADE FEATURES. PARTICIPATION IN THE CHILDREN’S OR ADULT’S SKI/RIDE SCHOOL DOES NOT AND CANNOT ELIMINATE THE DANGERS AND RISKS OF SKIING OR USING SKI LIFTS. I Undersigned agree not to enter a “CLOSED” area and understand that entering or skiing in a “CLOSED” area is illegal and more dangerous to Participant and others than skiing in open areas of the ski area. I Undersigned agree to inspect before use all equipment offered for use by Resorts including, but not limited to, rental skis or snowboard, boots, bindings, helmet, ski bike, ice skates, tubing or exercise equipment or any other equipment (the “Equipment”) and ask questions of Resorts’ employees if Participant does not fully understand how to use either the Equipment or Resorts’ facilities. I Undersigned warrant that information provided to rental and ski/board school technicians and personnel will be accurate and complete. I understand Adult understands and agree agrees that I he/she may not be available or present when the Minor’s Equipment is fitted and adjusted and hereby waive waives the opportunity to verify the helmet size and fit and binding settings and authorizes employees of the Resorts, other than the technician performing the fitting and adjustment, to verify the helmet size and fit and binding settings. I Undersigned understand and agree that, although I 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 xxxx, xxxx or spinal cord. I Undersigned understand and agree that bindings may not release at all times or under all circumstances where release may prevent injury or death. It is not possible to predict every situation in which bindings will release. In snowboarding, cross-country, telemark skiing, snowblading, and ski boarding, the binding system will not ordinarily release during use and such bindings may not be designed to release as a result of forces generated during ordinary operation. I Undersigned accept for use “AS IS” any Equipment Participant uses for an Activity and to return either before use or promptly after discovery, for replacement or repair, any Equipment believed by Participant to be damaged or defective in any way. I accept Adult accepts full responsibility for the care of the Equipment used for an Activity and agrees that I Adult will be responsible for the replacement at full retail value of any Equipment damaged or not returned. I understand Check Box Last Name: First Name: and agree that additional fees may be required for use of the facilities, Equipment, ski instruction or other services provided by the Resorts and that age and height restrictions may apply to limit participation in some Activities and at some facilities. I Undersigned understand and agree that the Resorts may offer for use an electronic system (the “System”) that aids in tracking the location of Participant on the mountain. I Undersigned consent to use of the System notwithstanding that there are limitations to the effectiveness and operation of the System and understand that the System is not guaranteed to always be capable of locating Participant or otherwise functioning as intended.. By signing this Agreement, Adult on his/her own behalf and, if applicable, on behalf of Minor acknowledges the risks and dangers associated with the Activities and the use of the facilities of Resorts generally and agrees to (1) ASSUME ANY AND ALL RISKS OF INJURY OR DEATH to Participant resulting from participation in any Activity; (2) WAIVE, RELEASE, and NOT SUE, MAKE ANY CLAIMS OR FILE ANY ACTIONS against Steamboat Ski & Resort Corporation, Intrawest/Winter Park Operations Corporation, Winter Park Recreational Association, the City and County of Denver, Alterra Mountain Company, the United States, Winter Park Village Company Master Association, Inc., as well as any owner or operator of any other resort or facility that may be accessed by use of or in connection with a pass product purchased by or for Participant from any one or more of the above named Resorts, and each of their insurance carriers, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, assignees, employees, volunteers and agents, as well as any Activity sponsors and Equipment manufacturers and distributors (hereinafter the “Indemnified Parties” collectively, the “Indemnified Party” individually) that are based on, arise or result from, in whole or in part, participation in any Activities; (3) INDEMNIFY, DEFEND AND HOLD THE INDEMNIFIED PARTIES HARMLESS, from any and all claims, demands, actions, causes of action, losses or liabilities whatsoever arising from or related to participation in any Activity and any loss, damage or injury, including death, that may be sustained by Participant or caused to others or their property by Participant. Undersigned agree to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Indemnified Party in defending an investigation, claim or suit brought by or on behalf of Undersigned. The Resorts shall have the right to confiscate or revoke the privileges conferred by a ticket/pass where in the sole judgment of its representative Participant: 1) acts in any manner that endangers or may endanger the safety of Participant or another person; 2) violates the law; 3) provides ski lessons, guided tours or related or similar services for compensation without express authorization; or 4) engages in misconduct or creates a nuisance. Such acts may also be prosecuted as a criminal offense. A ticket/pass is NOT TRANSFERABLE and CANNOT BE RESOLD. A ticket/pass may be confiscated with no re-issue if in the sole judgment of a Resorts representative it is used in a fraudulent manner. Re-issued passes may be subject to a replacement fee. Undersigned acknowledge the affirmative duty to immediately notify the issuer if Participant’s ticket/pass is lost or stolen. Adult authorizes the Resorts and/or their authorized personnel to call for medical care, treatment and/or procedures (collectively “Care”), for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Adult agrees that upon Participant’s transport to a facility or hospital that the Resorts and their personnel shall not have any further responsibility for Participant. Adult also consents to the Care given by an emergency caregiver or under the instructions and directions of a licensed physician. Adult knowingly and voluntarily consents in advance to such Care to encourage the physicians and the Resorts to exercise their best judgment in undertaking such Care. Further, Adult agrees on behalf of Adult and Minor to pay all costs associated with such Care and transportation provided for Participant and to indemnify and hold harmless the Indemnified Parties from any resulting costs. Undersigned give Resorts permission to take and use photographs, video recordings, or movies of Participant taken during an Activity and use and sublicense such material for any purpose in promoting the Resorts or related activities of the Resorts in print, brochures, advertisements, films or videos and on broadcast presentations of any sort. In consideration for accessing the facilities of one or more Resorts, Adult agrees for him/herself and Minor that ALL claims arising from or related to any Activity, including for injury to person or property and/or death shall be GOVERNED BY COLORADO LAW, without regard to conflicts of law principles, and that EXCLUSIVE JURISDICTION shall be in the District Court residing where the alleged incident occurred or in Federal Court for the District of Colorado. UNDERSIGNED VOLUNTARILY AND IRREVOCABLY WAIVE ANY OBJECTION TO SUCH LAW AND JURISDICTION. This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable to the full extent permitted by law. THE UNDERSIGNED PARENT OR LEGAL GUARDIAN REPRESENTS AND ACKNOWLEDGES THAT HE/SHE IS ENTITLED TO SIGN AND IS SIGNING THIS AGREEMENT ON BEHALF OF MINOR AND THAT MINOR WILL BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. UNDERSIGNED UNDERSTAND AND AGREE THAT IF THIS AGREEMENT IS NOT SIGNED ON BEHALF OF MINOR, MINOR WILL NOT BE PERMITTED

RISK OF PHYSICAL INJURY OR DEATH. I understand and agree that the use of the ski area facilities involves risks including, but not limited to, high elevation, wildlife encounters, falling trees and limbs, marked and unmarked obstacles, deep snow conditions and tree xxxxx, slick or uneven walking surfaces, surfaces covered with ice and snow, unstable ice and snow including but not limited to slides and avalanches, rugged mountainous terrain, acts of other skiers, collisions with snowmobiles, snowmaking and snow-grooming equipment, or other vehicles or equipment, and equipment malfunction. I understand and agree that there are risks involved in decision-making and conduct of Resorts’ employees involved with an Activity, including, but not limited to, the risks involved with rescue operations and/or medical care conducted or provided by Resort personnel inside or outside of Resort boundaries, the risks associated with decisions made by Resort personnel to open and/or close terrain, and the risk that an instructor/guide/coach may misjudge Participant’s abilities, conditioning, or misjudge weather, terrain, snow conditions, route selection, location, or some aspect of Participant’s mental, emotional or physical condition that may make a certain portion of any Activity appropriate or inappropriate for the Participant. I understand that falls and collisions occur and injuries are a common and ordinary occurrence of the Activity. RECOGNIZING AND ACCEPTING THE RISKS, PARTICIPANT VOLUNTARILY CHOOSE TO TAKE PART IN THE ACTIVITY OR I VOLUNTARILY CHOOSE TO ALLOW MINOR TO TAKE PART IN THE ACTIVITIES. Participant accepts the responsibility of maintaining control at all times while skiing. I agree to read, to have Participant read and, if necessary explain to Minor, all posted signs and warnings including instructions on the use of lifts and rental or other equipment. Participant agrees to obey all signs and warnings posted at the Resorts. I understand that Participant must have the physical dexterity and knowledge to safely load, ride and unload the lifts without assistance. I assume the risks of Participant riding the lifts and engaging in Activities accessible from the lifts. I UNDERSTAND AND AGREE THAT MINOR WILL BE USING SKI LIFTS WITHOUT A SKI INSTRUCTOR OR OTHER ADULT PRESENT AND THAT MINOR MAY ENTER AND USE FREESTYLE TERRAIN INCLUDING NATURAL AND MAN-MADE FEATURES. PARTICIPATION IN THE CHILDREN’S OR ADULT’S SKI/RIDE SCHOOL DOES NOT AND CANNOT ELIMINATE THE DANGERS AND RISKS OF SKIING OR USING SKI LIFTS. I agree not to enter a “CLOSED” area and understand that entering or skiing in a “CLOSED” area is illegal and more dangerous to Participant and others than skiing in open areas of the ski area. I agree to inspect before use all equipment offered for use by Resorts including, but not limited to, rental skis or snowboard, boots, bindings, helmet, ski bike, ice skates, tubing or exercise equipment or any other equipment (the “Equipment”) and ask questions of Resorts’ employees if Participant does not fully understand how to use either the Equipment or Resorts’ facilities. I warrant that information provided to rental and ski/board school technicians and personnel will be accurate and complete. I understand and agree that I may not be available or present when the Minor’s Equipment is fitted and adjusted and hereby waive the opportunity to verify the helmet size and fit and binding settings and authorizes employees of the Resorts, other than the technician performing the fitting and adjustment, to verify the helmet size and fit and binding settings. I understand and agree that, although I 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 xxxx, xxxx or spinal cord. I understand and agree that bindings may not release at all times or under all circumstances where release may prevent injury or death. It is not possible to predict every situation in which bindings will release. In snowboarding, cross-country, telemark skiing, snowblading, and ski boarding, the binding system will not ordinarily release during use and such bindings may not be designed to release as a result of forces generated during ordinary operation. I accept for use “AS IS” any Equipment Participant uses for an Activity and to return either before use or promptly after discovery, for replacement or repair, any Equipment believed by Participant to be damaged or defective in any way. I accept full responsibility for the care of the Equipment used for an Activity and agrees that I will be responsible for the replacement at full retail value of any Equipment damaged or not returned. I understand Check Box Last Name: First Name: and agree that additional fees may be required for use of the facilities, Equipment, ski instruction or other services provided by the Resorts and that age and height restrictions may apply to limit participation in some Activities and at some facilities. I understand and agree that the Resorts may offer for use an electronic system (the “System”) that aids in tracking the location of Participant on the mountain. I consent to use of the System notwithstanding that there are limitations to the effectiveness and operation of the System and understand that the System is not guaranteed to always be capable of locating Participant or otherwise functioning as intended.