RELEASE OF LIABILITY, INDEMNITY AND MEDICAL AUTHORIZATION AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
I, __PARTICIPANTNAME__ Individually (and/or as Parent or Guardian of __NAME__, a Minor) (hereinafter individually and collectively "I", "my", "me"), am at least 18 years old and aware that skiing and snowboarding (in all forms, including but not limited to alpine, freestyle, rail jam, slopestyle, big air, slush cup, and obstacle courses), racing, snowblading, other snow sports, bicycle riding, bike parks, hiking, walking, running, rock climbing, volleyball, and/or special events and all related activities are HAZARDOUS and involve many RISKS and DANGERS including, but not limited to: boarding, riding and disembarking lifts; falls from lifts or from evacuation equipment, encounters with on-going snow making and grooming; changing weather conditions; contact with animals, equipment, structures, rock, earth, ice and other natural objects including but not limited to trees, tree stumps, and forest dead fall; snow or ice on or beneath the skiing surface; changes or variations in the terrain; inclines resulting in extremely fast speeds; blind spots or areas of reduced visibility; changes or variations in the skiing surface or subsurface, including changes due to man-made or artificial snow, variable and difficult snow conditions; slick walking surfaces; the presence of streams, creeks and exposed holes in the ground or snow pack; snowcat roads, road-banks or cut-banks; impact or collision with lift towers, fences, ropes, buildings, posts, boundary markers, snow making equipment, snow grooming equipment, snowmobiles or other vehicles, equipment or structures; slip and falls; illness; premises defects; dangerous conditions of property, facilities, or equipment; impact, collision, or contact with other individuals; bicycle malfunction; bicycle damage; inappropriate use of bicycles; helmet malfunction/loss/misuse; negligence of other individuals; negligence of spectators; negligence on the part of Marquette Mountain Resort, LLC (dba Marquette Mountain), Marquette Mountain Properties, LLC, or their affiliates, employees, owners, officers, representatives, directors, shareholders, members, agents, volunteers, successors, subsidiaries, related entities, vendors, and all persons/companies connected with Marquette Mountain; and other risks, dangers, and hazards, any of which may result in personal injuries including paralysis, brain damage, illness, death, and/or property damage. I am aware that RISKS, DANGERS and HAZARDS that may involve physical injury or death, including those referenced above, exist throughout Marquette Mountain and that many are unmarked. I understand that a helmet may help reduce the risk of some types of injuries but that serious injury and death can result from low and high energy impacts, even when a helmet is worn. I understand that helmets do not protect against trauma to the face, neck, and spine and that these features are inherent risks of using a helmet. I understand that to function at its full capacity the helmet must fit correct and that it is my sole responsibility to provide and wear an appropriate helmet at all times. I acknowledge that any uphill services provided, including chairlifts, shuttles, vehicles, etc., have inherent risks and I agree to follow all rules and ride safely while utilizing them. I agree to release Marquette Mountain from liability related to injuries associated with uphill transportation services.
I agree to conduct myself within the limits of my individual ability while at Marquette Mountain and agree not to act, ski, snowboard, bike, hike, walk, run, or rock climb in a manner that might contribute to injuries. I understand that I am the sole judge of my ability to negotiate a track, run, trail, bike park, slope, or rock-climbing surface. I understand that I am solely responsible for reading and understanding all signage and instructions on the premises and for complying with them. In consideration of Marquette Mountain permitting me to use Marquette Mountain's property, ski lifts, terrain parks, ski runs, bike park, bike trails, volleyball courts, parking, and all other facilities, and to participate in skiing, snowboarding, racing, snowblading, bicycle riding, bike racing, bike parks, hiking, walking, running, rock climbing, volleyball, special events, and all related activities, I HEREBY EXPRESSLY ASSUME AND ACCEPT ANY AND ALL RISKS AND DANGERS ASSOCIATED WITH MY AND/OR THE MINOR'S PARTICIPATION IN SKIING, SNOWBOARDING, SNOWBLADING, RACING, BICYCLING, HIKING, WALKING, ROCK CLIMBING, VOLLEYBALL, AND/OR ALL OTHER ACTIVITIES AT MARQUETTE MOUNTAIN, INCLUDING BUT NOT LIMITED TO THE POSSIBILITY OF PERSONAL INJURIES, DEATH AND PROPERTY DAMAGE.
If participating in skiing, snowboarding, racing, or other snow sports, or as a spectator of such (or as Parent or Guardian of a minor participating in the same), I have read Michigan's Ski Area Safety Act prior to participation and agree to comply with my responsibilities under the Act at all times while on Marquette Mountain's property. All season pass sales are final and will not be refunded under any circumstance. Marquette Mountain reserves the right to revoke season passes or lift tickets at any time without a refund for nuisance or misconduct, in Marquette Mountain's sole discretion.
In further consideration, I herebyÃÂ Release, Hold Harmless, Indemnify and DefendÃÂ Marquette Mountain Resort, LLC (dba Marquette Mountain), Marquette Mountain Properties, LLC, and their affiliates, employees, owners, officers, representatives, directors, shareholders, members, agents, volunteers, successors, subsidiaries, related entities, and vendors (collectively "Marquette Mountain") from any and all claims, actions, losses, suits, damages, and allegations, including claims or actions brought by the minor (if applicable), and claims related to or arising from incidents that occurred prior to, on and/or following the date of this release, including, but not limited to: allegations of negligence, including the negligence of Marquette Mountain, breach of contract, breach of any statutory duty or other duty of care and breach of express or implied warranty. I further agree toÃÂ Indemnify, Hold Harmless and DefendÃÂ Marquette Mountain from any damage, costs or expenses, including actual attorney fees and costs, without limitation, which Marquette Mountain may sustain in relation to or arising out of my and/or the minor's participation in skiing, snowboarding, snowblading, racing, bicycle riding, bike parks, hiking, walking running, rock climbing, volleyball, special events and/or all other activities at Marquette Mountain.
In the event of malfunction of a student's ski or snowboard equipment during participation in a Marquette Mountain Adventure Center Program, I authorize Marquette Mountain to repair the equipment or replace the equipment with equipment of Marquette Mountain's equipment if required so that the student may continue to participate in the Program. I agree to pay for all expenses associated with such rental or repair. I further agree to be bound by the terms and conditions of the MARQUETTE MOUNTAIN EQUIPMENT RENTAL & LIABILITY RELEASE AGREEMENT, a copy of which is available for me to review upon request. I agree toÃÂ Release, Hold Harmless, Indemnify, and DefendÃÂ Marquette Mountain and the rental shop from and against any and all claims related to or arising from the student's use of the rental equipment.
I consent to and authorize the taking of photographs and/or videos during my and/or the minor's visit to Marquette Mountain. I authorize use of the photos/videos in advertising, displays, web sites, electronic media, brochures, or publications without notification. I waive any and all rights to privacy in the photos/videos, the right to approve the finished photos/videos, printed or electronic matter and the right to arising from or related to the use of the photos and/or videos.
I recognize that situations may arise where emergency or emergent medical or dental care may be necessary for me and/or the minor. I authorize Marquette Mountain to render first aid and to call for medical and/or dental care if, in their opinion, such medical or dental care is needed. I agree to pay for all expenses and costs associated with such care and related transportation.
I understand thisÃÂ Release of Liability, Indemnity and Medical Authorization AgreementÃÂ ("Agreement") shall be binding upon my assignees, subrogors, distributees, heirs, next of kin, executors, personal representatives and administrators and may be pled by Marquette Mountain as a complete bar and defense against any and all claims, demands, or causes of action by or on my behalf. Any provision of this Agreement which shall prove to be invalid, void or illegal in no way affects, impairs or invalidates any other provision hereof, and such other provisions shall remain in full force and effect. I acknowledge that this activity is taking place in the State of Michigan and I further agree that only the laws of the State of Michigan shall apply in the construction or application of this Agreement.
I HAVE READ THE FOREGOING AGREEMENT, UNDERSTAND ITS CONTENTS AND THAT IT IS A CONTINUING RELEASE OF LIABILITY AND INDEMNITY AGREEMENT. I HAVE THE AUTHORITY TO ENTER INTO IT ON MY BEHALF AND/OR ON BEHALF OF THE MINOR. I VOLUNTARILY SIGN IT WITH NO RESERVATIONS AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.