RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS
READ CAREFULLY BEFORE SIGNING
WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT AND CONSENT FOR
MEDICAL TREATMENT.
WINTER PARK RESORT 2016 SUMMER ACTIVITY AND/OR TRESTLE BIKE PARK SEASON PASS
The participant identified below being at least 18 years old has read and signed this Agreement, or if participant is younger than 18 (“Minor”), the
Minor’s parent or legal guardian, has read this agreement and has signed it on behalf of him/herself and the Minor. The adult participant or the
Minor’s parent or legal guardian, will be referred to herein as “Adult,” and Adult and Minor are collectively referred to as the “Undersigned”.
“Participant” refers to the person actually taking part in some or all of the Activities at Winter Park Resort, Steamboat Ski & Resort and/or 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 (each a “Resort” and collectively the “Resorts”), including but not limited to those described below (collectively “Activities”,
individually an “Activity”). Undersigned understand and agree that Participant will not be permitted to take part in an Activity unless this
Warning, Assumption of Risk, Release of Liability, and Indemnity Agreement and Consent for Medical Treatment (“Agreement”) is fully
executed.
UNDERSIGNED UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL APPLY FOR EVERY DAY PARTICIPANT ENGAGES IN ANY
ACTIVITY DURING THE 2016 SUMMER SEASON AND, IF THE UNDERSIGNED PARTICIPATES IN THE AUTORENEWAL PROGRAM,
SUBSEQUENT SUMMER SEASONS SO LONG AS THE UNDERSIGNED CONTINUES TO PARTICIPATE IN THE AUTORENEWAL PROGRAM
INCLUDING PRE AND POST SEASON, WITHOUT REQUIRING UNDERSIGNED TO SIGN AN ADDITIONAL AGREEMENT FOR EACH DAY
AND/OR EACH ACTIVITY UNTIL UNDERSIGNED REVOKE IT IN WRITING AND THAT WRITING IS ACCEPTED IN WRITING, SIGNED BY THE
RESORT’S AUTHORIZED REPRESENTATIVE. UNDERSIGNED ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BY SIGNING THIS
AGREEMENT UNDERSIGNED ARE ASSUMING RISKS, WAIVING RIGHTS AND RELEASING CLAIMS IN ADDITION TO THOSE ADDRESSED BY
COLORADO LAW.
Undersigned understand and agree that all outdoor Activities at The Resort and especially those conducted in a high alpine environment, involve
certain dangers and risks that can lead to serious injury and even death. Such dangers and risks include, without limitation, reduced oxygen in the
air, rapidly changing weather conditions, exposure to the sun, rain, snow, hail and lightning, falling limbs and trees, wildlife encounters, steep slopes,
uneven terrain, loose rocks and gravel, slippery conditions and risks involved with rescue operations and/or medical care conducted by Resort
personnel. If the Activity involves riding a lift, prior to such use, Participant must have the knowledge and ability to load, ride and unload safely. Adult
understands and agrees that Minor may be riding the lift not accompanied by an adult and hereby gives permission for the Minor to do so.
Adult agrees that that he/she will and will instruct and direct Minor to abide by the rules and regulations of the Resort and to follow
instruction and direction from Resort staff. Undersigned further understand and agree that certain of the Activities in which Participant will be
engaged involve risks, known or unknown, inherent or otherwise, in addition to those stated herein above and some of those risks are described
below. Undersigned nonetheless understand and agree that Undersigned is accepting all of the risks involved in all Activities available at
the Resort and not just the Activities and risks described both above and below.
ACTIVITIES
HIKING/GEOCACHE Hiking and geocaching are HAZARDOUS activities that involve risks including but not limited to exposure to the elements,
hypothermia, overexertion, dehydration, the possibility of becoming lost or disoriented, uneven and unstable footing, the
possible occurrence of landslides and flash flooding, skin irritations and illness due to contact with plants, dangers caused
by other persons engaged in similar activities, misuse or careless use of equipment, and equipment failure.
CLIMBING WALL
BUNGEE/
GYROXTREME
The climbing wall is a HAZARDOUS activity that involves risks including but not limited to falling, failure of equipment
and/or rope or cable failure, improper use of equipment, failure to listen to instructions, loose holds, slipping and
falling.
Bungee, trampoline jumping and GyroXtreme are HAZARDOUS activities that involve risks including but not limited to
failure of equipment, improper use of equipment, failure to listen to instructions, slipping and falling or becoming
tangled in a bungee while jumping.
ALPINE SLIDE
Alpine Slide is a HAZARDOUS activity that involves risk or injury, permanent disability or death resulting from riding
and/or use of equipment and its potential for unexpected failure or misuse. The Alpine Sled is an operatorcontrolled device. It is the rider’s obligation to maintain control at all times while riding the Alpine Slide.
Undersigned understand and agree that collisions may occur with other riders, both from behind or by Participant with
riders in front of Participant, or with wildlife that may get onto the track. Excessive speed, overtaking other riders, and
movement made by riders while the sled is in motion presents an increased risk of injury to Participant or others for
which Undersigned may be held responsible. Skin contact with the track while the Alpine Sled is in motion can cause
severe, painful and permanently scarring burns.
SCENIC LIFT RIDES/
PUTTING
COURSE/DISK
GOLF/THE MAZE
Scenic chairlift rides and on mountain Disk Golf are HAZARDOUS activities that involve risk or injury, permanent
disability or death related to use of equipment and its potential for unexpected failure or misuse. Risks associated
with Disk Golf and the Putting Course also include flying disks and golf balls, and golf clubs being swung by other
Participants. The Maze, Putting Course and Disk Golf may also involve strenuous physical activity that may be
hazardous to some people due to their physical condition and the high altitude at which the Activities are held.
BOUNCY SNOWCAT The Bouncy Snowcat is a HAZARDOUS activity that involves risks including but not limited to falling, being thrown
from the equipment, failure of equipment and/or improper use of equipment, slipping, and being hit, punched and/or
receive blows from other participants engaged in the Activity and the equipment.
MOUNTAIN BIKING
MOUNTAIN BIKING IS A HAZARDOUS ACTIVITY WHICH CAN RESULT IN SERIOUS INJURY OR DEATH. Mountain
biking is different than road biking, and may be more dangerous than road biking in that it is done on partially improved
and unimproved trails and roads, as well as on naturally rugged terrain. Mountain biking is a HAZARDOUS activity that
involves risks, including, but not limited to, steep, uneven and varying slopes and terrain, rocks of various sizes, trees,
roots, tree stumps, downed timber, cliffs, rock drops, holes and potholes, depressions, streams and creeks, wet and/or
slippery tail and feature conditions, dirt features and other constructed features such as bridges, ramps, ladders, bumps,
berms, jumps, drops, wallrides and elevated stunts, collisions, other riders, hikers and pedestrians, heavy equipment and
vehicles. Trail conditions and features may change quickly due to weather, use and other factors and should be continually
evaluated and reevaluated. Undersigned understand that there are risks involved in decision-making and conduct of the
Resort’s employees involved with the Activity, including, but not limited to, the risk that an instructor/guide may misjudge
weather, trail conditions, route/terrain selection, or some aspect of Participant’s abilities, conditioning, mental, emotional or
physical condition that may make a certain portion of the Activity appropriate or inappropriate for the Participant.
Undersigned recognize that injuries are a common and ordinary occurrence of participation in the Activities and that death may result.
Nonetheless and with full knowledge and understanding of the above risks and dangers involved in the various Activities, Undersigned
voluntarily elects to participate, or voluntarily allow Minor to participate in the Activities. UNDERSIGNED REPRESENT THAT PARTICIPANT
HAS THE SKILLS AND DEXTERITY TO PARTICIPATE IN THE ACTIVITIES AND WILL AT ALL TIMES PARTICIPATE WITHIN HIS/HER ABILITY.
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 the Resort generally and, as a condition to Participant engaging in the Activities, 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, NOR MAKE ANY CLAIMS OR FILE ANY ACTIONS against Intrawest/Winter Park Operations Corporation, Steamboat Ski & Resort
Corporation, Intrawest Resorts Holdings, Inc., The City and County of Denver, Winter Park Recreational Association, Winter Park Village
Company Master Association, Inc., the United States, as well as any owner or operator of any other resort of 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, each of their
insurance carriers, subsidiaries, affiliates, shareholders, members, officers, directors, representatives, assignees, employees, volunteers and
agents, and any Activity sponsor, equipment manufacturer and distributor (hereinafter the “Indemnified Parties”) that are based on or that
result from, in whole or in part, participation in the 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 costs, incurred by any Indemnified Party in
defending an investigation, claim or suit brought by or on behalf of Undersigned.
HELMETS ARE REQUIRED while mountain biking and Undersigned agree that Participant will wear a helmet at all times while riding and will operate
his/her mountain bike only on marked trails or roads, unless specifically authorized to ride elsewhere by Resort Staff and will always ride within his/her
ability. Undersigned understand and agree that helmets cannot guarantee the wearers safety nor can it protect against all potential head injuries or
prevent injury to the wearer’s face, neck or spinal cord. Participant agrees to wear appropriate safety equipment, as established by industry standards
and common safety practices, and assumes all risks associated with failure to wear appropriate safety equipment. Prior to mountain biking
Participant will inspect his/her bicycle and assure him/herself that it is in good operating order and can be safely used. Participant understands and
agrees that equipment is equipped for daytime use ONLY and that any use of the equipment after dark is not recommended and it is at Participant’s
own risk.
Undersigned consent to the use of drones/UAVs on the mountain during Participant’s visit at Winter Park Resort to photograph and/or take footage of
guests who have requested such a service. Undersigned understand the risks associated with this activity, including unexpected crashes or errant flight
paths but will allow Participant to proceed with the Activities at the Resort with full understanding and acceptance of such dangers and risks. Undersigned
is aware that members of the public may be included with images provided to guests who have asked for this service and Undersigned is proceeding with
full knowledge and understanding that Participant’s image may be included as well even though Participant will not be the focus of the filming.
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. It is understood that reasonable
efforts will be made to notify Adult at the earliest possible time in the event such Care is undertaken for a Minor. 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 Resort or related activities of the Resort in print, brochures, advertisements, films or videos
and on broadcast presentations of any sort.
Adult agrees for him/herself and Minor, if applicable, 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 in Grand County 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. 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 kin, executors and personal representatives.
If the Undersigned has elected to take part in any renew or auto renewal program (“Program”), Undersigned agree that this Agreement will
remain in effect for so long as the Undersigned takes part in the Program or until a new RELEASE OF LIABILITY AND WAIVER OF LEGAL
RIGHTS is executed by or on behalf of the Undersigned. Notwithstanding the foregoing, with respect to a Minor who takes part in the
Program, this Agreement will terminate at the end of the season during which Minor reaches age of majority and a new RELEASE OF
LIABILITY AND WAIVER OF LEGAL RIGHTS is required for the minor in connection with the purchase of an adult pass product.
UNDERSIGNED HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS AND SIGN IT WITH FULL KNOWLEDGE OF
ITS SIGNIFICANCE.
Executed this ____________ day of _________________________________, 2016
PRINT Name of Participant
_______________________________________
PRINT Name of Parent/Legal Guardian (if applicable)
Signature of Participant if 18 or older
_____/_____/________
Participant date of birth
_______________________________________
Signature of Parent/Legal Guardian
Intrawest respects your privacy. Any personal information we collect is used only to develop products, services and offers, communicate with our customers, and complete the
transactions that deliver our products and services to you. Your personal information is not shared without your consent with third parties. For more information on privacy,
please go to www.winterparkresort.com.
2016 Summer Activity and/or Trestle Season Pass