2022-2023 TAOS WINTER SPORTS TEAM LIABILITY AGREEMENT
THIS AGREEMENT, IT IS A LEGAL DOCUMENT AND CONTAINS A WAIVER OF CERTAIN LEGAL RIGHTS. PLEASE CONSULT AN ATTORNEY BEFORE SIGNING THIS DOCUMENT.
The DEFINITIONS: “PARTICIPANT(s)” means the person or child/children taking part in Taos Winter Sports Team (TWST) activities; “PARENT(s)” means the undersigned parent[s] or legal guardian[s] signing on behalf of him/herself and on behalf of the minor PARTICIPANT(s) if the PARTICIPANT(s) is under 18 years of age. When the participant is age 18 or older, references to parent or legal guardian do not apply.
I, the Undersigned, being at least 18 years of age, hereby represents that he or she is the parent or guardian of the minor (hereinafter referred to as “participant”, and in exchange for TWST making ski training, ski racing, freeride skiing, and related sports and training activities available to participant, PARTICIPANT(s) and PARENT(s) acknowledge and agree to be bound by the following:
I understand and EXPRESSLY AGREE to the fact that skiing in its various forms is an inherently hazardous sport that has many dangers and risks. I realize that injuries are a common and ordinary occurrence of this sport. I acknowledge that SKI RACING, FREERIDE COMPETITIONS, SKI TRAINING and related activities have INCREASED RISKS beyond those of recreational sliding snow sports and that I have made a voluntary choice to participate in those activities myself or to allow the participant to do so despite the risks they present.
I EXPRESSLY AGREE that I freely accept and voluntarily assume ALL RISKS OF PERSONAL INJURY OR DEATH or property damage for myself and the participant. I hereby promise not to sue and FULLY RELEASE, TWST and its agents employees, coaches, directors, officers and volunteers FROM ANY AND ALL LIABILITY for personal injury, death or property damage which results IN ANY WAY from participation in this sport, including any caused by NEGLIGENCE, conditions on or about the premises and facilities or the operations of a ski area including, but not limited to, grooming, snowmaking, ski lift operations while loading or unloading, gate setting, course setting, training, coaching, other skiers or any other activities related to ski racing/ freeride competition and ACCEPT MYSELF THE FULL RESPONSIBILITY FOR ANY AND ALL such damages or injury of any kind which may result to ME OR THE PARTICIPANT(s).
In addition, the parent/guardian signing below represents to TWST that they have the authority to enter into this agreement on behalf of said PARTICIPANT(s) and on behalf of any other parents or guardian of said PARTICIPANT(s) and AGREES TO DEFEND AND COMPLETELY INDEMNIFY and hold harmless TWST from any and all claims arising from the participant's participation in ski training, ski racing, freeride skiing, and related sports and training activities and this agreement is entered into on behalf of said PARTICIPANT(s) or any other parent/guardian thereof, even after the PARTICIPANT(s) has attained majority or from third parties injured by the PARTICIPANT(s), and hold TWST its representatives, agents, affiliates, officers, directors, servants, and employees harmless from any such claim, legal action, harm, injury, damages, or loss of persons and/or property. In consideration of, TWST making ski training, ski racing, freeride skiing, and related sports and training activities or clinics in the sport of competitive skiing and/or snowboarding available to me, I CONTRACTUALLY AGREE that any and ALL DISPUTES between TWST and me arising from my participation in the sport of competitive skiing and/or snowboarding, and INCLUDING any claims for personal injury and/or death, will be GOVERNED BY THE LAWS OF THE STATE OF NEW MEXICO and EXCLUSIVE JURISDICTION thereof will be in the state court residing in the county where the alleged tort occurred or state or federal courts of the STATE OF NEW MEXICO.
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 Taos Winter Sports Team (“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 Taos Winter Sports Team, 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 Taos Winter Sports Team equipment or facilities. In addition, I agree to waive all claims against the Taos Winter Sports Team, and agree that neither I, nor anyone acting on my behalf, will make a claim of any kind against the Taos Winter Sports Team that I may have as a result of any damage, loss, injury, illness, paralysis or death to me or my property. The release, indemnification, and waiver described above is binding on me, my heirs, my parents or guardians, my successors and assigns, my personal representatives, and my estate.
In signing this release, the undersigned hereby acknowledge and represent:
A. That all parties comprising the "undersigned" have investigated the particular program(s) in which some of such parties shall participate and are also familiar with the practices and procedures of TWST.
B. That the undersigned parent or legal guardian has unconditional right, power, and authority to execute this release in such capacity and on behalf of the minor participant herein below identified.
C. The undersigned acknowledges that the competitor/program participant possesses and will maintain, adequate medical insurance overages.
I have carefully read the foregoing COMPLETE RELEASE OF LIABILITY and INDEMNITY AGREEMENT and understand its contents, including the jurisdictional agreement. I ACKNOWLEDGE and understand this is a COMPLETE RELEASE AND INDEMNITY AGREEMENT, that it includes any and all claims by the participant or by me or anyone on the participant’s behalf for any reason, INCLUDING NEGLIGENCE, and that I am contractually agreeing to these terms FREELY, FULLY AND WITHOUT RESERVATION in exchange for the right to have the participant participate in TWST programs. IN THE EVENT I AM SIGNING IT ON BEHALF OF ANY MINOR, THAT I HAVE FULL AUTHORITY TO DO SO, REALIZING ITS BINDING EFFECT ON SUCH MINOR AS WELL AS MYSELF.
Further, full permission is hereby given to use any photographs, moving images or digital media of said competitor/program participant(s) taken during any competitive event or training exercise for any purpose in promoting TWST.
Further, the competitor/program participant(s) authorizes TWST authorized personnel to call for medical care for the competitor/program participant and/or to transport the competitor/program participant(s) to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed for the competitor/program participant(s). The undersigned agrees that upon the transporting of the competitor/program participant(s) to any such medical facility or hospital that TWST shall not have any further responsibility for the competitor/program participant(s). Further, the competitor/program participant(s) agrees to pay all costs associated with such medical care and related transportation for the competitor/program participant(s) and shall indemnify and hold harmless TWST from and against any costs incurred therein, as provided in the preceding paragraph. Further, the competitor/participant(s) shall be solely responsible for the cost of any medical care received.
Other Policy: PARENT(S) & PARTICIPANT further agree that they will accept and abide by the policies, codes of conduct, rules and regulations of the host ski area and any other rules or regulations imposed by the organizers of any event in which PARENT(S) or PARTICIPANT participate.
I further agree my signature on this document is as valid as if I signed the document in writing.
WE HAVE CAREFULLY READ THE FOREGOING WAIVER AND RELEASE OF LIABILITY AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS CONTRACT IS LEGALLY BINDING AND THAT BY ELECTRONICALLY INITIALLING AND SIGNING THIS AGREEMENT WE ARE AWARE THAT WE ARE RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.