THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
In consideration for my being permitted by the Rocky Mountain Hus LLC ("Rocky Mountain Huts") and all land owners (all collectively "Hut Operators") to use the huts owned and operated by the foregoing (all collectively "Hut System"), I acknowledge and agree to the following warning, waiver, release and indemnity.
I acknowledge that skiing and wilderness travel in the winter and any other time of the year have inherent risks, hazards and dangers for any skier, that cannot be eliminated, particularly in a wilderness environment in mountainous terrain. I understand that these risks, hazards and dangers include without limitation:
(1) Risks arising from skiing in areas that are not patrolled, where snow conditions vary, are unpredictable and change, where objects are not marked and hazards may not be visible, where slopes are not groomed, maintained or controlled, where weather is changeable and unpredictable and where avalanches occur;
(2) Risks involved in decision making and route finding in a wilderness environment in mountainous terrain; and risks of getting lost and of not reaching the hut;
(3) Risks arising from travel and overnight stays at altitudes ranging from 8,000 feet to 11,700 feet above sea level including without limitation, acute mountain sickness, high altitude cerebral edema, high altitude pulmonary edema, and other effects of altitude and altitude-related sickness;
(4) Risks arising from the use of remote, simple huts with no communication systems in a wilderness environment in mountainous terrain;
(5) Such other risks, hazards and dangers that are integral to the sport of skiing and to skiing and wilderness travel in the winter in a wilderness environment in mountainous terrain.
I have read the information provided to me by Rocky Mountain Huts through my group leader concerning the use of the Hut System. I also acknowledge that Hut Operators and their staff have been available to more fully explain to me the risks, hazards and dangers of skiing, winter travel and use of the Hut System. I understand that skiing to use the Hut System in a wilderness environment in mountainous terrain may require good physical conditioning and a degree of skill and knowledge different from other types of skiing. I understand that I have responsibilities as a skier and backcountry traveler in the winter. I am voluntarily using the Hut System with full knowledge of the inherent risks, hazards, and dangers involved and hereby assume and accept any and all risks of injury, paralysis or death.
Lastly, I, for myself, my heirs, successors, executors and subrogors, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS THE HUT OPERATORS, their directors, owners, officers, agents, employees, and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys' fees) and ORDINARY NEGLIGENCE OF ANY KIND OR NATURE, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my property as a result of my traveling to, from or between huts in the Hut System or use of the Hut System, the use of their information services and skiing and traveling in a wilderness environment in mountainous terrain, whether such damage, loss, injury, paralysis, or death results from ORDINARY NEGLIGENCE of the Hut Operators or any of them, their directors, owners, officers, agents, employees and volunteers or from some other cause.
In the event I am a group leader, I agree to save and hold harmless, indemnify, and forever defend the Hut Operators, their directors, owners, officers, agents, employees and volunteers from and against any claims, actions, demands, expenses, liabilities (including reasonable attorneys' fees) and ORDINARY NEGLIGENCE made or brought by any member of my group or brought by anyone on behalf of said member, including minors, who has not signed, or had signed by a parent or guardian, and delivered to Rocky Mounta Huts a Rocky Mountain Huts LLC Warning And Acknowledgement Of Risk, Release Of Liability And Indemnity Agreement, as a result of said member's travel to and use of the huts, the property and facilities of the Hut Operators.
I, for myself, my heirs, my successors, executors and subrogors, further agree not to sue the Hut Operators as a result of any injury, paralysis or death suffered in connection with my use of the Hut System or the traveling to or skiing to, from, and between the huts. This release is intended to be a comprehensive release of liability but is not intended to assert defenses which are prohibited by law.
My contribution and/or my group’s contribution to Rocky Mountain Huts is a donation to support the current and future Hut System.
I HAVE CAREFULLY READ, CLEARLY UNDERSTAND AND VOLUNTARILY SIGN THIS USE, WAIVER AND RELEASE AGREEMENT.