Powder Mountain Event Liability Waiver
(Adult)
I, the undersigned, in consideration of being allowed to participate in the activities at Powder Mountain Resort (the “Resort”), including but not limited to Grom Fest, Turn N Burn, Powder Mountain Terrain Park Evens, New Years Eve Torch Light Parade, No Joke Tele Race, Lighting Ride Relay, bank slalom racing, skin racing, skiing and snowboarding, lift access, opening up terrain, guided skiing, CAT skiing, shuttle rides, and enjoying alcohol and prepared food on the premises (collectively the “Activities”), hereby expressly accept, agree and understand the following:
Conditions:
- Skills and Dexterity: I represent, warrant, and agree that I have the skills and dexterity for participation in the Activities and will participate within my ability at all times.
- Rules and Regulations: I will read and obey all posted signs and warnings, and understand all rules and regulations of participation in the Activities.
- Awareness: I will exercise caution and awareness of the area and acknowledge that I may encounter risks not marked or readily visible.
- Helmet Usage: I will wear a helmet at all times while skiing and snowboarding or engaging in activities that require it, understanding that a helmet is NOT a guarantee of my safety.
- Inherent Risks of Skiing: I have read and am aware of the inherent risks of skiing specified in Section 78B-4-402(1) of the Utah Code.
Assumption of Risks: I acknowledge that the Activities are hazardous and I may sustain serious injuries, including death, paralysis, head injuries, and broken bones. The risks include, but are not limited to, falling, loss of control, collisions, negligence of other participants, equipment malfunction, changing weather and surface conditions, slick or uneven surfaces, variations in slope and terrain, marked and unmarked obstacles, high altitude, possible burn injuries participating in the NYE Torch Light Parade, emergency first aid, dehydration, wildlife, and the negligent actions of SMHG Management LLC, its owners, affiliates, agents, employees, representatives, assignees, members, partners, officers, and directors (collectively the “Released Parties”). I expressly agree to assume all risks of any injury, loss, accidents, or damage resulting from the Activities, including but not limited to any negligence of the Released Parties.
Release of Liability: To the fullest extent allowed by law, I agree to fully release the Released Parties from all liability for damages, injuries, or claims, including any from the negligence of the Released Parties to myself or any other person or property, that results in any way from my participation in the Activities or the risks above.
No Lawsuit/Hold Harmless: To the fullest extent allowed by law, I agree not to file any lawsuit against the Released Parties, and to indemnify and hold them harmless for any damages, injuries, judgments, or lawsuits resulting in any way from my participation in the Activities. This agreement includes payment of all attorneys’ fees and costs incurred by the Released Parties.
Medical Care: I authorize the Resort, at the discretion of any employee, to obtain third-party medical care for me and/or transport or arrange to transport me to an appropriate medical facility. I authorize medical care providers to provide emergency medical care to me. I agree to pay all costs associated with such medical treatment and related transportation and waive any right of subrogation against the Released Parties for any medical or transportation expense.
Binding Release: I understand and agree that this release is binding upon my heirs, assigns, successors-in-interest, estate, and legal representatives and is a final and complete release. If portions of this release are invalid, the remaining portions will remain enforceable. This release will apply to any Activities or use of the Resort’s facilities commencing on the date it is signed and for a period of 12 months thereafter.