I understand that skiing and training in their various forms, as well as preparation for, participation in, coaching, volunteering, officiating and related activities in nordic and jumping competitions and clinics (hereinafter collectively referred to as “Activities”), involve many RISKS, DANGERS and HAZARDS. These risks, dangers and hazards include, but are not limited to, changing weather and snow conditions, variations in steepness or terrain, natural and man-made obstacles and structures, equipment failure, collisions with objects or structures, being struck by skiers/riders or equipment, and exceeding one's own abilities. I further understand that ski and snowboard training and competition may be more hazardous than recreational skiing and snowboarding. I understand that INJURIES OF ALL TYPES ARE A COMMON AND ORDINARY OCCURRENCE of the Activities. I know that the risk of SEVERE INJURY and even DEATH exists in all training and competition locations and activities, including free skiing and riding. I also know that personal training, coaching, instruction, supervision and enforcement of rules by the 4591 Sports Development, its subsidiaries, affiliates, officers, directors, volunteers, employees, coaches, contractors and representatives, local ski clubs, competition organizers and sponsors, and ski and snowboard facility operators (hereinafter the term “4591SD” shall be used to refer to all such persons and entities collectively) do not and cannot guarantee my safety.
With full knowledge and understanding of the RISK OF SEVERE INJURY AND DEATH involved in ski and snowboard training and competition, I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I MAY SUFFER TEMPORARY, PERMANENT OR EVEN FATAL INJURIES, even if I follow the instructions or advice of 4591SD.
In consideration of 4591SD acceptance of my membership application, and in spite of the risk of severe or permanent injury, or even death, the undersigned (hereinafter “Member”) agrees to comply with and be bound by the following terms at all times, whether training or practicing for competition, or in competition.
1. Member hereby unconditionally WAIVES AND RELEASES ANY AND ALL CLAIMS, AND AGREES TO HOLD HARMLESS, DEFEND AND INDEMNIFY 4591SD OF AND FROM ANY CLAIMS, present or future, to Member or his/her property, or to any person or property, for any loss, damage, expense or injury (including DEATH), suffered by any person from or in any connection with Member’s participation in any Activities in which 4591SD is involved in any way, due to any cause whatsoever, INCLUDING NEGLIGENCE and/or breach of express or implied warranty on the part of 4591SD.
2. Member hereby RELIEVES U.S. Ski & Snowboard OF ANY DUTY TO PROTECT MEMBER FROM HARM in connection with any Activities in which 4591SD is involved in any way.
3. Member authorizes 4591SD to obtain medical care for, or transport him/her to a medical facility or hospital if, in the opinion of 4591SD, medical attention is required and Member is unable to make such decisions for himself/herself. Member agrees to pay all costs associated with such medical care and related transportation and shall DEFEND, INDEMNIFY AND HOLD HARMLESS 4591SD of and from the consequences of such decision and from any such costs incurred relating to the provision of medical care. Member also authorizes disclosure of protected medical information necessary to provide, coordinate or manage member’s healthcare consistent with the dictates of HIPAA and to the extent that such use or disclosure is required by law
. 4. Member agrees never to utilize any run, course or facility for any training, practice or competition without first conducting his/her own thorough visual inspection of the run, course or facility.
5. This Agreement shall be construed in accordance with, and governed by the substantive laws of the State of Wisconsin, without reference to principles governing choice or conflicts of laws. In addition, Member agrees that all lawsuits for personal injury or related loss against 4591SD must be maintained in state courts sitting in Barron County, Wisconsin or federal district courts sitting in the State of Wisconsin, Central Division, and Member consents and agrees that jurisdiction and venue for such proceedings shall lie exclusively with such courts. In the event any portion of this release is found to be unenforceable, the remaining terms shall be fully enforceable.
HAVING CAREFULLY READ THE FOREGOING AND UNDERSTANDING IT TO BE A LEGALLY BINDING RELEASE AND INDEMNITY AGREEMENT, MEMBER SIGNIFIES HIS ASSENT TO THE ABOVE TERMS BY SIGNING BELOW:
MEMBER Name_____________________________________ Date of Birth:_____/______/______
Member Signature____________________________ Date Signed________/______/__________
SIGNATURE OF PARENT OR GUARDIAN REQUIRED FOR MEMBERS UNDER THE AGE OF 18 As the parent or guardian of the minor child Member named above, I hereby make and enter into each and every agreement, representation, waiver and release described above on behalf of myself, the Member, and any other parent or guardian of the Member, intending that they be binding on me, the Member, and our respective heirs, executors, administrators and assigns. By affixing my signature below I represent that I intend to give up my right, the right of the Member, and the right of any other parent or guardian to maintain any claim or suit against 4591SD arising out of the Member's participation in any Activities involving 4591SD in any way. I further agree to hold harmless, defend, and indemnify 4591SD of and from any claims from third parties arising from the minor child Members’ participation in any activities affiliated with 4591SD.
Parent or guardian’s signature_______________________________________________________
Printed name _________________________________________ Date Signed:___/_____/________