Athlete Race/Event Waiver

ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS AND RELEASE

AND INDEMNIFICATION AGREEMENT

Jackson Hole Ski & Snowboard Club

THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS. YOU MUST READ AND UNDERSTAND IT BEFORE INITIALING OR SIGNING IT. BY INITIALING AND SIGNING THIS DOCUMENT BELOW YOU ARE AGREEING TO THIS DOCUMENT IN ITS ENTIRETY.

In the event the Participant named below younger than 18 years of age, the terms "I", "me", "my", and "myself" below shall refer to both the Participant and the

Participant's legal guardian executing this document below.

 

I understand and acknowledge that the activities in which I am participating and which I voluntarily engage in bear certain risks that could result in injury, death, illness, or disease. These injuries could be physical or mental, or could consist of damage to my property. Some risks are inherent in or integral to these activities and cannot be eliminated or reduced. Among these risks are the following:

1. The nature of the activities themselves, skiing, racing, training and travel and any combination thereof;
2. Acts or omissions or negligence of any kind or nature whatsoever by the Jackson Hole Ski and Snowboard Club, its employees, directors, officers, volunteers, sponsors, subcontractors, members, other agents, or other persons or entities acting on behalf of the Jackson Hole Ski and Snowboard Club;
3. The acts of other participants in these activities, including but not limited to Jackson Hole Ski and Snowboard Club members;
4. Weather conditions and the consequences of those weather conditions, including, without limitation, hypothermia, frostbite, and dehydration;
5. Contact with plants or animals;
6. My own physical condition, or my acts or omissions;
7. The condition of roads, trails, waterways, or terrain, and accidents connected with their use and the use of vehicles of approach including, but not limited to, land vehicles, aircraft, fixed and rotary wing;
8. First-aid, emergency treatment or other services rendered;
9. Consumption of food or drink;
10. Boarding or use of chair lifts, gondolas, trams, or other mechanized means of transportation for the purpose of access to terrain;
11. Possible failure or malfunction of equipment used in the activities;
12. The fact that the activities may take place in remote places many hours from any hospital or medical facility, where communications and transportation are difficult and where evacuation and medical care may be delayed;
13. If I am transported by Jackson Hole Ski and Snowboard Club personnel, the inherent danger of vehicular travel including road and vehicle condition and the skill of the driver and others on the roadways.

Risks also include the risks associated with coaching and instruction provided by Jackson Hole Ski and Snowboard Club personnel in connection with these activities which are provided in a wilderness environment. These risks include, without limitation, the risk that a coach or instructor may misjudge an individual's capabilities, or misjudge terrain, weather, snow or trail conditions. I understand that the above list is not exhaustive or complete, and that other risks, known or unknown, identified or unidentified, may also result in injury, death, illness or disease, or damage to my property. I also understand that according to Wyoming Statute §1-1-121 through 123, individuals assume the inherent risk of recreational activities, and recreation providers, like the Jackson Hole Ski and Snowboard Club, are not legally responsible for injury, damage or death to a participant or his property, resulting from the inherent risks of recreational activities.

I acknowledge that participating in these activities may require a degree of skill and knowledge different from other activities and that I have responsibilities as a participant. I represent that I am fully capable of participating in these activities without causing harm to myself or others. I have no mental or physical problems or limitations which might compromise or affect my ability to participate in these activities which I have not disclosed to the Jackson Hole Ski and Snowboard Club.

I acknowledge that the staff of the Jackson Hole Ski and Snowboard Club is and has been available should I have further questions about the nature and physical demands of these activities and the risks, hazards and dangers associated with these activities. I understand that the presence of Jackson Hole Ski and Snowboard Club’s personnel is absolutely no assurance of my safety or the lessening of any of these risks.

MY PARTICIPATION IN THESE ACTIVITIES IS PURELY VOLUNTARY, NO ONE IS FORCING ME TO PARTICIPATE, AND I ELECT TO PARTICIPATE IN SPITE OF AND WITH FULL KNOWLEDGE OF THE RISKS. THEREFORE, I (INCLUDING MY PARENT(S) OR GUARDIAN AS DESCRIBED ABOVE IF I AM A MINOR) ASSUME AND ACCEPT FULL RESPONSIBILITY FOR ME, FOR THOSE RISKS IDENTIFIED HEREIN AND THOSE RISKS NOT SPECIFICALLY IDENTIFIED, AND FOR INJURY, DEATH, PROPERTY LOSS AND EXPENSES RESULTING FROM THOSE RISKS, AND FROM MY OWN NEGLIGENCE IN PARTICIPATING IN THESE ACTIVITIES.

RELEASE AND INDEMNIFICATION

PLEASE READ CAREFULLY. THIS PART CONTAINS A WAIVER AND RELEASE OF LIABILITY AND COMPROMISE OF CERTAIN LEGAL RIGHTS.

I, for and on behalf of myself, my children, heirs, executors, administrators and representatives, hereby KNOWINGLY AND INTENTIONALLY AGREE TO RELEASE, INDEMNIFY, HOLD HARMLESS AND DEFEND the Jackson Hole Ski and Snowboard Club (“indemnify” meaning protect by reimbursement or payment), with respect to any and all claims, actions, liabilities, losses, suits, or expenses (including costs and reasonable attorneys’ fees), INCLUDING LOSSES CLAIMED TO BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE JACKSON HOLE SKI AND SNOWBOARD CLUB, whether foreseen or unforeseen, made or brought by anyone, including any member of the participant’s family, arising directly or indirectly out of any damage, loss, injury, illness, paralysis or death in any way connected with my participation in these activities or my use of the Jackson Hole Ski and Snowboard Club’s equipment or facilities.

IN ADDITION, I AGREE TO WAIVE ALL CLAIMS AGAINST THE JACKSON HOLE SKI AND SNOWBOARD CLUB, AND AGREE THAT NEITHER I, NOR ANYONE ACTING ON MY BEHALF, WILL MAKE A CLAIM OF ANY KIND AGAINST THE JACKSON HOLE SKI AND SNOWBOARD CLUB, THAT I MAY HAVE, AS A RESULT OF ANY DAMAGE, LOSS, INJURY, ILLNESS, PARALYSIS OR DEATH TO ME OR MY PROPERTY.

I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or, I agree to bear the costs of any injury or damage myself.

FURTHER AGREEMENT

I agree that this document and all other aspects of my relationship with the Jackson Hole Ski and Snowboard Club are governed by the laws of the state of Wyoming. Further, any suit, legal proceeding, mediation or arbitration arising out of or relating to my participation in Jackson Hole Ski and Snowboard Club events and/or activities, or other dispute with the Jackson Hole Ski and Snowboard Club must be filed exclusively in the State of Wyoming and Wyoming law shall be determinative. I also agree that if I, or anyone on my behalf, or on their behalf involving a claim associated with my injury or death assert(s) a claim or file(s) a suit against the Jackson Hole Ski and Snowboard Club, I will pay all costs and attorneys’ fees incurred by the Jackson Hole Ski and Snowboard Club in defending that claim or suit if the claim or suit is withdrawn or dismissed, or to the extent a court determines that the Jackson Hole Ski and Snowboard Club is not responsible for the injury or loss.

I authorize Jackson Hole Ski and Snowboard Club personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. I further authorize appropriate medical personnel to render
such treatment as is necessary, in their professional opinion, for my health. I agree that the Jackson Hole Ski and Snowboard Club has no responsibility for medical care provided to me following delivery to a medical facility or hospital, and I agree to pay all costs associated with such medical care and transportation.

Any portion of this document deemed unlawful or unenforceable shall not affect the enforceability of the remaining provisions of this document and the remaining provisions shall continue in full force and effect.

For the purpose of this document the term “Jackson Hole Ski and Snowboard Club” shall include Jackson Hole Ski and Snowboard Club, a Wyoming nonprofit corporation, its employees, directors, officers, volunteers, sponsors, subcontractors, insurers, members, other agents, and all other persons or entities acting on behalf of the Jackson Hole Ski and Snowboard Club.

I understand this agreement is the entire agreement between me and the Jackson Hole Ski and Snowboard Club and that it cannot be modified or changed in any way by the representations or statements of any employee or agent of the Jackson Hole Ski and Snowboard Club or by me.

My signature below indicates that I have carefully read this entire document, that I have had the opportunity to consult with legal counsel if I desire, but I understand the consequences of executing it, that I agree to be bound by its terms, and that it shall be effective and binding upon myself, my heirs, assigns, personal representatives and estate and all members of my family. If I am signing this document as parent or guardian of a minor child, I represent that I am the parent or guardian of that minor child and have legal authority to contract for that child. If I am signing this document as parent or guardian of a minor child, I understand my signature here includes my agreement, per the terms of this document, to release any claims I may have as a result of injury, damage or death to my child, and to defend and indemnify the Jackson Hole Ski and Snowboard Club should my child, or someone on his behalf, or a third party, bring a claim against the Jackson Hole Ski and Snowboard Club, arising out of my child’s participation in Jackson Hole Ski and Snowboard Club events and/or activities.

CONCUSSION POLICY:

Any JHSSC athlete suspected of having sustained a concussion/ traumatic brain injury will be removed immediately from participation in JHSSC sporting event (e.g. training, practice, camps, competitions or club activities), by the JHSSC member coach overseeing such sporting event. The athlete will be prohibited from further participation until evaluated and cleared in writing to resume participation in JHSSC sporting events or club activities by a qualified health care provider trained in the evaluation and management of concussive head injuries. The health care professional must certify to JHSSC in the clearance letter that he/she has successfully completed a continuing education course in the evaluation and management of concussive head injuries within three years of the day on which the written statement is made.

Upon removal of an athlete from participation for a suspected concussion/traumatic brain injury, the JHSSC member coach making the removal must also inform USSA Competition Services for athletes competing in USSA sanctioned events. Athletes who have subsequently been medically cleared to resume participation must provide such medical clearance (as described above) to JHSSC (and USSA Competition Services for USSA competition athletes) in order to be permitted to participate in any JHSSC training programs and competitions that the JHSSC teams (Alpine, Freeride and Snowboard) participate in.
In addition we recommend that all JHSSC athletes participate in a computerized concussion assessment program called ImPACT Testing (Intermediate Post-Concussion Assessment and Cognitive testing). ImPACT Testing was developed by medical professionals to help evaluate post-concussion injury and track recovery for return to participation. Baseline ImPACT testing can be administered pre-season and is recommended by JHSSC.

About Concussion

A concussion is a type of traumatic brain injury (TBI) caused by a bump, blow, or jolt to the head. Concussions can also occur from a fall or a blow to the body that causes the head and brain to move quickly back and forth. Doctors may describe a concussion as a “mild” brain injury because concussions are usually not life-threatening. Even so, their effects can be serious.

Risk of Continued Participation

A repeat concussion that occurs before the brain recovers from the first—usually within a short period of time (hours, days, or weeks)—can slow recovery or increase the likelihood of having long-term problems. In rare cases, repeat concussions can result in edema (brain swelling), permanent brain damage, and even death.

JHSSC recommends that Members review the Center for Disease Control’s resources on concussion awareness at the following link:

http://www.cdc.gov/concussion/HeadsUp/online_training.html

By his/her signature below, MEMBER CERTIFIES THAT HE/SHE HAS READ AND UNDERSTOOD THIS AGREEMENT, and agrees in full with its terms, intend that it be binding on Member, his/her heirs, executors, administrators and assigns, and that it remain in full force and effect for as long as Member participates in JHSSC training, competition and related programs and activities.

PHOTO/VIDEO RELEASE:

For Consideration herein acknowledged as received, and by signing this release I hereby give JHSSC my permission to license the Content and to use the Content in any Media for any purpose (except pornographic or defamatory) which may include, among others, advertising, promotion, marketing and packaging for any product or service. I agree that the Content may be combined with other images, text, graphics, film, audio, audio-visual works; and may be cropped, altered or modified. I acknowledge and agree that I have consented to publication of my ethnicity(ies) as indicated below, but understand that other ethnicities may be associated with me by the JHSSC and / or Assigns for descriptive purposes.

I agree that I have no rights to the Content, and all rights to the Content belong to the JHSSC. I acknowledge and agree that I have no further right to additional consideration or accounting, and that I will make no further claim for any reason to JHSSC and / or Assigns. I acknowledge and agree that this release is binding upon my heirs and assigns. I agree that this release is irrevocable, worldwide and perpetual, and will be governed by the laws (excluding the law of conflicts) of the country/state from the following list that is nearest to the address of the Model (or Parent*) given opposite: New York, Alberta, England, Australia and New Zealand.

It is agreed that my personal information will not be made publicly available but may only be used directly in relation to the licensing of the Content where necessary (e.g. to defend claims, protect rights or notify trade unions) and may be retained as long as necessary to fulfill this purpose, including by being shared with sub-licensees / assignees of the JHSSC and transferred to countries with differing data protection and privacy laws where it may be stored, accessed and used. I represent and warrant that I am at least 18 years of age and have the full legal capacity to execute this release.

Definitions: “ASSIGNS” means a person or any company to whom Photographer/Filmmaker has assigned or licensed rights under this release as well as the licensees of any such person or company. “CONSIDERATION” means $1 or something else of value I have received in exchange for the rights granted by me in this release. “CONTENT” means all photographs, film, audio, or other recording, still or moving, taken of me as part of the Shoot. “MEDIA” means all media including digital, electronic, print, television, film, radio and other media now known or to be invented. “MODEL” means me and includes my appearance, likeness and voice. “PARENT” means the parent and/or legal guardian of the Model. Parent and Model are referred to together as “I” and “me” in this release, as the context dictates. “JHSSC” means photographer, illustrator, filmmaker or
cinematographer, or any other person or entity photographing or recording me ”SHOOT” means the photographic, film or recording session described in this form.

Jackson Hole Mountain Resort Specific Race Release Information

AGREEMENT TO ASSUME ALL RISKS; RELEASE OF LIABILITY/ AGREEMENT NOT TO SUE & INDEMNIFICATION AGREEMENT

 

Please read this contract carefully before signing.  It releases the resort from liability and waives certain rights.

 

The person who is taking part in the activity shall be referred to hereinafter as “Participant.” The term “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.  In consideration for my participation in race programs at Jackson Hole Mountain Resort, and my use of Jackson Hole Mountain Resort, I, the Undersigned, understand, acknowledge, and contractually agree as follows (the Agreement):

 

1.  Acknowledgement of Dangers and Risks:  The Undersigned understands, acknowledges, and agrees that skiing, snowboarding, or participating in other activities at Jackson Hole Mountain Resort, and/or using any of the facilities of the ski area, including but not limited to use of the lifts, ski slopes, trails, and equipment for winter activities (hereinafter the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH.  The Undersigned understands, acknowledges, and agrees that the Participant, as a skier, is a “recreational participant” under the Wyoming Recreation Safety Act (W.S. § 1-1-121 et. seq.) and that participation in the Activity involves certain inherent dangers and risks.  Undersigned agrees that the following dangers or risks are inherent to the Activity, but that the following list is not exhaustive, and that there may be other dangers or risks that are inherent to the Activity not listed below: variations in terrain; existing, changing, or otherwise dangerous snow conditions; slick or uneven walking surfaces; surfaces covered with ice and snow; storms, lightning, hail, snow, fog, changing weather, and other adverse weather conditions; difficulty with route finding; high altitude; loading, riding, and unloading ski lifts, gondolas, trams, and other conveyance devices; mechanical and equipment failures or malfunction; unmarked and marked rocks, holes, stumps, trees, cliffs, and closed areas; collisions with other users of the Resort; avalanches or snow slides; snow immersion; collisions with natural and man-made objects and equipment; falling; equipment damage; slipping; tripping; loss of balance; varying visibility; unmaintained trails; path and/or trail obstructions; encountering terrain parks or terrain features; Participant’s own failure to understand and comply with signage; falling objects; encounters with snowmobiles or other motor vehicles; lack of shelter; limited access to and/or delay of medical attention; failed or poorly executed attempts at rescue or medical care;  Participant’s own health condition; strenuous activity; fatigue; dehydration; hypothermia; altitude sickness; frostbite; & mental or emotional damage or distress from exposure to any of the above.

 

2.  Assumption of Risk:  Undersigned acknowledges and agrees that Participant is choosing to take part in the activity despite the many potential dangers and inherent risks of doing so, and freely chooses to accept the inherent and non-inherent risks of doing so despite the many potential dangers; and further acknowledges and agrees that there are other such dangers that may not be specifically set forth in this document. By signing this Agreement, the Undersigned recognizes that property loss, injury, serious injury, and death are all possible while participating in the Activity.  The Undersigned expressly acknowledges and assumes all risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, whether inherent or not, that may result in physical injury, property damage, or death, as provided by the Wyoming Recreation Safety Act and by common law.

 

3.  Participant’s Responsibilities and Representations:  The Undersigned represents that the Participant is physically and mentally capable of participating in the Activity.  Participant assumes the responsibility of maintaining control and skiing safely at all times while engaging in the Activity.  Participant is responsible for reading, understanding, and complying with all signage, including the instructions on the use of the ski area facilities and the use of lifts.  Participant agrees and understands that he or she must have the physical dexterity and knowledge to safely load, ride, and unload the lifts, gondolas, trams, and other human conveyance equipment utilized by the Resort.  Further, the Undersigned understands that a minor Participant may use the lifts without an adult present, and represents by signing this document that Participant has the training, experience and skill to load, unload and ride the lifts alone and without help or supervision of anyone else. 

 

4.  Release of Liability and Agreement Not to Sue:  Fully understanding the foregoing paragraphs, and in exchange for the Resort’s agreement to allow the Participant to participate in the Activity, THE UNDERSIGNED HEREBY AGREES NOT TO SUE Jackson Hole Mountain Resort, its affiliated companies and subsidiaries, including but not limited to those that operate the Jackson Hole Mountain Resort, Activity Organizer, Activity Promoter, the United States, or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “Released Party”) for any property damage (including but not limited to equipment damage), injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activity.  By signing this Agreement Not to Sue, the Undersigned is releasing any right to make a claim or file a lawsuit against any Released Party.  Also, the Undersigned agrees to hold harmless and release each and every released party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from Participant’s participation in the Activity, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty. 

 

5.  Agreement to Indemnify:  Undersigned agrees to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the Undersigned and/or a third party arising in whole or in part from Participant’s participation in the Activity. IN OTHER WORDS, IF PARTICIPANT AND/OR ANYONE ON PARTICIPANT’S BEHALF FILES ANY LAWSUIT OR BRINGS ANY CLAIM FOR INJURY OR DAMAGE AGAINST RELEASED PARTIES, UNDERSIGNED WILL BE REQUIRED TO PAY BACK TO ALL SUCH RELEASED PARTIES ALL SUMS OF MONEY INCURRED BY, OR PAID BY OR ON BEHALF OF ANY OF THE RELEASED PARTIES ON ACCOUNT OF THE BRINGING OF SUCH SUIT OR CLAIM, INCLUDING ALL ATTORNEYS FEES AND COSTS.

 

6.  Medical Authorization, Release, and Indemnification:  The Undersigned: 1) authorizes a licensed physician and/or other medical care provider to carry out any emergency medical care for Participant; 2) authorizes any Released Party and/or their authorized personnel to call for medical care for the Participant or to transport the Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agrees that, following Participant’s transport to any such medical facility or hospital, the Released Party shall not have any further responsibility for Participant; 4) agrees to pay all costs associated with the medical care and related transportation provided for the Participant; and 5) shall indemnify and hold harmless (as set forth in paragraph 5, above) the Released Parties from any and all liability and/or claims associated with such medical care and/or related transportation.

 

7.  Application of Agreement to Minor Participants:  In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all of the terms of this Agreement.  Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, the parent or legal guardian understands that he/she is also waiving certain rights on behalf of the minor that the minor otherwise may have.  The Undersigned parent or legal guardian agrees that but for the foregoing, the minor Participant would not be permitted to participate in the Activity, and signs this document out of a desire to have the Participant be allowed to participate in the activity.

 

8.  Representation of Capacity and Authority to Contract:  If signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age, and that they acknowledge and intend to be bound by all of the provisions of this Agreement.  If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant, and agree and represent that they have the legal right to bind both themselves and the minor Participant to the terms of this Agreement.  The Undersigned agrees to indemnify the released parties for all liability and claims, including attorneys fees, arising from any misrepresentations or fraudulent execution of this Agreement.

 

9.  Acknowledgement that Agreement is a Binding Contract:  The Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law.  If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties.  It is the Undersigned’s intent that this Agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned.

 

10.  Agreement to Application of Wyoming Law and Selection of Forum:  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 Wyoming law, and that the exclusive jurisdiction for any claim shall be in the State District Court of Teton County, Wyoming.

 

I HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS.  I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY CHILD OTHERWISE MAY HAVE.

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Participant Signature Below

* by typing your name in the box below labeled Racer Name you are signing this waiver. If under age 18, legal guardian must also sign

Athlete Information

Please complete information about athlete