TAHOE CROSS-COUNTRY SKI AREA AGREEMENT AND RELEASE AND DISCLAIMER OF LIABILITY
In consideration of Tahoe Cross-Country Ski Area (“Tahoe XC”) and Tahoe Cross Country Ski Education Association (“TCCSEA”) agreeing to allow the use of its facility and/or agreeing to rent athletic equipment to me I hereby agree to all of the following:
1. Release and Indemnification. I understand that the use of the Tahoe XC/TCCSEA property & programs, hereafter and throughout referenced as TXC, and all land subject to TXC’s concession agreement as depicted and described on TXC’s Trail Maps, located in the Highlands Community Center property, whether for mountain biking, hiking, cross-country skiing, snowshoeing, roller skiing and/or other similar summer or winter activities involve inherent risks of bodily injury, death or property damage and that I may be exposed to inclement weather, mountainous terrain, rocks, cliffs, streams, marshes, lakes and other natural and/or manmade hazards during my participation in the aforementioned activities and/or classes or programs in which I participate. I further understand that bodily injuries, death or property damage are a common and ordinary occurrence of the foregoing sports, activities and programs and I freely and voluntarily assume those risks. I further understand there are other objects, equipment failure, surface and environmental conditions consisting, among other things, of extreme weather conditions as well as other risks which in combination with my actions can cause very severe or occasional fatal injury. To the fullest extent allowed by law, I agree to RELEASE, DEFEND AND INDEMNIFY TXC, their associates, owners, agents and employees from any and all liability or damage or injury to myself or to any person or property while participating as a season passholder, using rental sports equipment, or further participating in any event or program located on property. I agree to be bound by this agreement even if such damage or injury is due to TXC negligence.
2. Assumption of Risk. I agree to assume all risks of bodily injury, death or property damage and to release from liability and refrain from suing TXC, its associates, owners, agents and employees regardless of the cause.
3. Rule Compliance. I agree to comply with all rules and regulations posted by TXC with respect to the use of its property. It is the intention of this release and waiver of liability form to exempt and relieve TXC from liability for personal injury, property damage or wrongful death caused by TXC’s negligence and/or my use of TXC’s property and/or equipment and/or my participation in any event or program held on TXC property. In this regard I acknowledge that I have been fully and completely advised of the potential hazards involved and/or described in this agreement and that I am fully aware of the legal consequences of signing this agreement.
4. Photographic Release. I understand that photographs or video recording may be taken of me or my family during my participation and/or utilization of TXC property. I give TXC permission to use any such material for advertising or in promotional materials.
5. Medical Release. I, either as the participant and/or parent or legal guardian for selected participant, hereby make and appoint the TXC staff my true and lawful attorney for me in my name to perform any emergency medical care hereinafter set down as fully as I might if personally present with full power of substitution and revocation. I am hereby ratifying and confirming my entire said attorney should do or cause to be done by virtue of this power and assume all financial responsibility for the same. I authorize said attorney to authorize any and all medical and hospital care and treatment deemed necessary by a duly licensed physician for the health and well-being of either myself or my child named above.
6. Consent and Release of Parent or Guardian. My child is fit to participate in TXC programs/events, and I consent to my child’s participation. I HAVE READ AND I UNDERSTAND THE ABOVE CONDITIONS AND RELEASE OF LIABILITY. Whether caused by the negligence of the released parties or others, I PROMISE NEVER TO SUE TAHOE CROSS-COUNTRY SKI AREA and/or TAHOE CROSS-COUNTRY SKI EDUCATION ASSOCIATION, OR ANY RELEASED PARTY on my behalf, or on behalf of my child, regarding any claim arising from my child’s participation in this program or event.
7. Electronic Signature Agreement. By selecting the “I Accept” button, you are signing this Agreement electronically. I agree my electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting “I Accept” I consent to be legally bound by this Agreement’s terms and conditions. I further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide TXC instructions via Ski Club Pro, Square, and any/all other digital platforms or in accessing or making any transaction regarding any agreement, acknowledgement, consent terms, disclosures or conditions constitutes your signature (hereafter referred to as “E-Signature”), acceptance and agreement as if actually signed by me in writing. I also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and TXC. I also represent that I am authorized to enter into this Agreement for all persons who own or are authorized to access any of my accounts and that such persons will be bound by the terms of this Agreement. I further agree that each use of my E-Signature in obtaining a service constitutes my agreement to be bound by the terms and conditions of the TXC Disclosures and Agreements as they exist on the date of my E-Signature.
With my electronic acceptance, I agree to give TXC permission to forward its e-newsletter to me so I can learn more about TXC updates, events and sales. I may opt out at any time. TXC will not sell or share your email address.