Summer Performance Program

Programming is capacity constrained and dependent on enrollment. We will confirm registration and send an invoice following sign-up.

Big Sky Community School

Waiver and Release

This waiver and release (this “release”) is entered into by or on behalf of me (sometimes referred to herein as “Participant”), in favor of Big Sky Community School (“Releasee”), in relation to my participation in summer strength and conditioning programming or other activities in connection with Releasee, including at Releasee’s premises (the “Activities”).

In return for the opportunity to participate in the Activities, I hereby irrevocably agree to each of the following:  

Release and Acknowledgement

(1) There may be risks of harm or injury associated with my participation in the Activities. Activities may include strength training with weights, resistance training, agility work, conditioning, hiking, mountain biking, running, field games, mobility work, and other sport-performance activities. Risks associated with participation may include, without limitation, falls, collisions, sprains, strains, fractures, concussion, overexertion, dehydration, heat-related illness, equipment-related injuries, transportation-related injuries, and other serious bodily injury. I acknowledge that all such risks are known and understood by me, and I hereby irrevocably accept and assume sole responsibility for all such risks. I will comply with all applicable Activities-related safety rules and policies provided to me.  I will clearly, timely, fully, and accurately disclose to Releasee any known physical or mental condition that may restrict, or otherwise adversely affect, my ability to participate in any Activities.

(2) I hereby irrevocably release, indemnify, and hold harmless Releasee (and all of its officers, directors, employees, agents, insurers, and successors), to the extent permitted by applicable law, for any and all claims and liabilities (including fees and costs) arising from this release, the Activities, or my participation therein.  

(3) For myself, my legal representatives, my heirs, and all who claim from me, I hereby irrevocably waive and release all rights, claims, damages, losses, and/or complaints against Releasee (and all of its officers, directors, employees, agents, insurers, and successors) for any injury or damages arising out of the acts or omissions of myself, Releasee (or any of its staff or volunteers), any other participant, or any other person in connection with this release or the Activities (including those arising as a result of the negligence of any of the foregoing).

Permission to Use Photo/Video Recordings

(4) I understand and agree that Releasee may use photographs and/or recordings, whether video or audio, of me taken or recorded while I am participating in the Activities, and I hereby irrevocably waive all rights of any kind in such photographs and/or recordings and consent to Releasee’s perpetual worldwide use of such photographs and/or recordings and their reproduction and distribution in all media and in any form.  This waiver includes any and all claims I may have, however characterized, including claims of rights of privacy and publicity, false light, libel, defamation and copyright.  I hereby irrevocably agree that Releasee may reproduce such photographs and/or recordings and all or any part of their content in any format Releasee chooses and use them for any purpose related to its operations (including use in promotional materials, public relations, and advertising) as Releasee may determine, without compensation to me and without any right to review or approve any particular use. 

Authorization of Medical Care

(5) I hereby authorize any of the staff, volunteers, or other representatives of Releasee to (i) procure and authorize any health care at any health care facility or provider, including employing any physicians, dentists, nurses, or other health care personnel whose services may be needed for such health care; (ii) review and, if necessary, disclose the contents of any medical records; and (iii) execute any consent form required by a health care provider incident to the provision of health care services to me.  Health care may include, without limitation, the administration of anesthesia, X-ray examination, performance of operations, and/or diagnostic procedures. If Participant is a minor and there is no medical emergency, Releasee will first use reasonable efforts to contact the parent/guardian listed below before administering or authorizing any medical treatment. Notwithstanding anything herein to the contrary, Releasee shall not have the authority to withhold or withdraw life-sustaining procedures.

Transportation

(6) I hereby authorize Releasee to provide transportation to Participants in a school-owned van for regular school activities, field trips, and extracurricular programs, including but not limited to trips to Big Sky Resort. I acknowledge that (i) assumption of risk: travel by van involves inherent risks, including but not limited to accidents, injuries, and exposure to road conditions beyond the control of the school or its staff; (ii) I understand that seatbelts must be worn at all times and Releasee reserves the right to deny transportation to any student who fails to comply with safety requirements or exhibits unsafe behavior.

Miscellaneous

(7) This release is intended to be as broad and inclusive as permitted by applicable law.  If any portion of this release is held invalid, such portion shall be enforced to the maximum extent permitted by applicable law and the balance of this release shall continue in full force and legal effect.  This release shall be construed and enforced by the laws of Montana.

(8) For purposes of this release, all references to “I”, “me”, “myself”, etc. shall, as applicable, refer to and include any Participant who is the minor child or ward of the parent/guardian signing below, and the provisions of this release shall be applicable to such Participant and govern his or her participation in the Activities.

(9) I have carefully read, and I agree to, the terms of this release. I acknowledge that the provisions of this release, including the waiver and release of liability, are legally binding. I am signing it voluntarily, and with the understanding that, by doing so, I am agreeing to waive and release such legal rights.  I intend that this release shall be enforceable in the event of any future litigation.  No representations or promises apart from any expressly set forth in this release have been made to me.

BY AGREEING TO THIS RELEASE, I AM WAIVING OR RELEASING VALUABLE LEGAL RIGHTS, AS SET FORTH HEREIN.  I HAVE READ THIS RELEASE CAREFULLY BEFORE AGREEING TO IT.

Waiver and Release of Liability 

Express assumption of risk: I, the undersigned, am aware that there are significant risks involved in all aspects of physical training. These risks include, but are not limited to: falls which can result in serious injury or death; injury or death due to negligence on the part of myself, my training partner, or other people around me; injury or death due to improper use or failure of equipment; strains and sprains. I am aware that any of these above mentioned risks may result in serious injury or death to myself and or my partner(s). I willingly assume full responsibility for the risks that I am exposing myself to and accept full responsibility for any injury or death that may result from participation in any activity or class while at, or under direction of Moving Mountains. I acknowledge that I have no physical impairments, injuries, or illnesses that will endanger me or others. 

Release 

In consideration of the above mentioned risks and hazards and in consideration of the fact that I am willingly and voluntarily participating in the activities offered by Moving Mountains, I, the undersigned hereby release Moving Mountains, their principals, agents,employees, and volunteers from any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with my participation in this activity, including those allegedly attributed to the negligent acts or omissions of the above mentioned parties. This agreement shall be binding upon me, my successors, representatives, heirs, executors, assigns, or transferees. If any portion of this agreement is held invalid, I agree that the remainder of the agreement shall remain in full legal force and effect. If I am signing on behalf of a minor child, I also give full permission for any person connected with Moving Mountains to administer first aid deemed necessary, and in case of serious illness or injury, I give permission to call for medical and or surgical care for the child and to transport the child to a medical facility deemed necessary for the well being of the child. 

Indemnification 

The participant recognizes that there is risk involved in the types of activities offered by Moving Mountains. Therefore the participant accepts financial responsibility for any injury that the participant may cause either to him/herself or to any other participant due to his/her negligence. Should the above mentioned parties, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to reimburse them for such fees and costs. I further agree to indemnify and hold harmless 

Moving Mountains, their principals, agents, employees, and volunteers from liability for the injury or death of any person(s) and damage to property that may result from my negligent or intentional act or omission while participating in activities offered by Moving Mountains, at the main building or abroad. This includes but is not limited to parks, recreational areas, playgrounds, areas adjacent to the main building, and/or any area selected for training by Moving Mountains. 

Photography/Video Release 

Participants involved in any activities offered by Moving Mountains may be photographed or videotaped during training. The undersigned hereby consents to the use of these photographs and/or videos without compensation, on the Moving Mountains website or in any editorial, promotional or advertising material produced and/or published by Moving Mountains. 

Signature 

I have read and understood the foregoing assumption of risk, and release of liability and I understand that by signing it obligates me to indemnify the parties named for any liability for injury or death of any person and damage to property caused by my negligent or intentional act or omission. I understand that by signing this form I am waiving valuable legal rights.