Black Hills Chair Lift Co. d.b.a. Terry Peak Ski Area [hereinafter Terry Peak Ski Area]
SEASON PASS LIABILITY RELEASE
BY SIGNING THIS DOCUMENT, YOU AGREE TO WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOR
INJURY FOLLOWING AN ACCIDENT.
Participant named on this Release of Liability agrees and understands that skiing, snowboarding, and other winter sports are inherently dangerous with many hazards that can cause
injury or death. Using Terry Peak Ski Area, including the chairlifts, for any purpose (the "Activity") can be hazardous and involves the RISK OF PHYSICAL INJURY, DEATH, or property
loss or damage. These risks, dangers, and hazards include, but are not limited to, changing weather and snow conditions; ice; bare spots; rocks, stumps, and trees; the use of ski lifts
and carpet lifts; collision or impact with marked and unmarked natural or manmade objects or with other persons; slips, trips, and falls in buildings and around the premises, including
parking lots; variation in terrain; moguls, jumps, and other terrain features; failure of skiers and snowboarders to ski and/or ride within their abilities; failure of skiers and
snowboarders to travel within the area boundaries; or negligence. Participant acknowledges such risk is inherent and cannot be reasonably avoided without changing the nature of the
Activity.
By purchasing access to the premises and facilities of Terry Peak Ski Area, Participant acknowledges that he/she has read this Agreement and understands and expressly assumes the
risk of the Activity, inherent or otherwise. Participant agrees to RELEASE Terry Peak Ski Area, its agents, employees, representatives, volunteers, assignees, directors, officers, and
shareholders FROM ANY AND ALL LIABILITY AND CLAIMS FOR INJURY, DEATH, OR DAMAGE OR LOSS TO PROPERTY which may result from Participant engaging in the Activity and
further agrees to hold harmless, indemnify, and defend Terry Peak Ski Area, its agents, employees, representatives, volunteers, assignees, directors, officers, and shareholders from
any such liability and claims.
Purchaser understands that the purchase of specific products and services, such as a season pass, are user-specific and are NOT TRANSFERABLE to another person and/or date and may
not be used by anyone other than the designated Participant. Participant understands that intentional unauthorized use of an RFID CARD by anyone other than the person to whom the
card is issued may be a criminal offense. If an RFID Card is lost or stolen, the Participant must report it to the Guest Service Office immediately. RFID Cards that are lost, stolen, broken,
damaged, or otherwise abused and fail to function must be replaced for a fee.
The ski area operating times and dates are at the sole discretion of Terry Peak Ski Area and are subject to change at any time and without notice, refund, or compensation. Terry
Peak Ski Area’s Ski Area Operator reserves the right to close the area or any part of the area to ensure safety of the Participant.
Participant has voluntarily purchased a season pass offered by Terry Peak Ski Area and thereby acknowledges and accepts the RISK OF INJURY OR DEATH, and FREELY ASSUMES THOSE
RISKS.
Participant agrees to abide by the SKIER RESPONSIBILITY CODE. KNOW THE CODE! IT'S YOUR RESPONSIBILITY.
CONSENT TO TREATMENT AND INDEMNITY: In the event I cannot be readily contacted or I am incapacitated, I give permission for my child or me to receive immediate medical
attention (including, but not limited to, treatment at Terry Peak Ski Area or Lead - Deadwood Monument Health or any other medical facility necessary to provide treatment if needed
during a lesson as determined by Terry Peak Ski Area personnel. I agree to pay all costs associated with such medical care and related transportation for my child or me and to release,
indemnify, and hold harmless Terry Peak Ski Area for any cost incurred therein.
RELEASE OF PHOTOS: I grant Terry Peak Ski Area the right to take photographs and or videos of me, my family members, and my property. I authorize Terry Peak Ski Area to copyright,
use, and publish the same in print, digital, social, and electronic media. I agree that Terry Peak Ski Area may use photos or videos of me or my family with or without names for any
lawful purpose, including, but not limited to, publicity, illustration, advertising, social media, and web content.
IF A PARENT OR GUARDIAN IS SIGNING ON BEHALF OF A MINOR, THE PARENT OR GUARDIAN AGREES TO RELEASE, DEFEND, AND INDEMNIFY TERRY PEAK SKI AREA IN THE EVENT
THE AUTHORITY TO BIND THE MINOR IS CHALLENGED.
PARTICIPANT CONTRACTUALLY AGREES THAT ALL CLAIMS for injury and/or death shall be GOVERNED BY SOUTH DAKOTA LAW & EXCLUSIVE JURISDICTION shall be in Lawrence County
Circuit Court or in the United States District Court for the District of South Dakota, Western Division.
I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE. I UNDERSTAND ITS CONTENTS AND SIGN IT WITH FULL
KNOWLEDGE OF ITS TERMS. I AM AWARE THIS IS A RELEASE OF LIABILITY, AND I SIGN IT OF MY OWN FREE WILL