TXC/TCCSEA Agreement and Release of Liability, Terms, and Conditions
I understand that cross-country skiing, snowshoeing, roller skiing, mountain biking, yoga, running and hiking/walking are potentially hazardous sports, and that there are inherent, and other, risks involved in these and other activities that I may be exposed to during my participation in an activity, program, or class at, or operated by, Tahoe Cross-Country Ski Area (Tahoe XC) and/or Tahoe Cross-Country Ski Education Association (TCCSEA). I understand that injuries are a common and ordinary occurrence of sports, and I freely and voluntarily ASSUME THOSE RISKS. I understand that there are natural and manmade obstacles or hazards, objects, equipment failure, surface and environmental conditions, and other risks, which, in combination with my actions, can cause severe or fatal injury. To the fullest extent allowed by law, I agree to RELEASE, DEFEND AND INDEMNIFY Tahoe Cross Country Ski Area, Tahoe Cross-Country Ski Education Association, their associates, agents, and employees (collectively referred to as “Tahoe Cross-Country”), from any and all liability for damage or injury to myself or to any person or property while participating in activities at, or operated by, Tahoe Cross-Country. I agree to be bound by this agreement even if such damage or injury is due to Tahoe Cross-Country’s alleged NEGLIGENCE. I agree to read, observe, and abide by the Skier’s Responsibility Code, the Placer County Skier’s Responsibility Code, and all posted notices, warnings and signs, and agree to all of the terms and conditions of Tahoe Cross-Country. I have no medical or physical condition, which, to my knowledge, would endanger others or myself, nor would interfere with my ability to participate in activities, programs or events. I agree, for myself and my successors, that the above representations are contractually binding, and are not mere recitals, and that should I, or my successors, assert my claim in contravention of this agreement, the asserting party shall be liable for the expenses (including legal fees) incurred by the other party or parties in defending, unless the other party or parties are finally adjudged liable on such claim for willful and wanton negligence. This agreement may not be modified orally, and a waiver of any provision shall not be construed as a modification of any other provisions herein or as consent to any subsequent waiver or modification. This agreement is governed by the laws of the applicable state or province. If any part of the agreement is determined to be enforceable, all other parts shall be given full force and effect. I expressly agree to assume all risks of injury and to release from liability and never sue Tahoe Cross-Country Ski Area, Tahoe Cross-Country Ski Education Association and all agents regardless of cause (including negligence). This document is a legally binding contract which supersedes any other agreements or representations by or between the parties and which is intended to provide a comprehensive release of liability, but it is not intended to assert claims or defense which are prohibited by law.
Photographic Release
I understand that photographs or video recording may be taken of myself, or my child, during activities, programs or events. I give Tahoe Cross-Country permission to use any such material for advertising or in promotional materials.