Release of Liabilty
Welch Village Release of Liability & Hold Harmless
Agreement
Please read carefully, this
is a Release of Liability & Waiver of Legal Rights. If you do not agree, do not use these facilities.
As a condition of being permitted access to skiing/snowboarding trails and the chair lift during this entire season and each time I visit Welch Village Ski Area, Inc. and related facilities, I agree as follows:
1.
I understand and
accept that alpine skiing and snowboarding in its various forms is a HAZARDOUS
SPORT that has many dangers and risks. I
realize that injuries are a common and ordinary occurrence of this sport and
that severe injury, including death, is an inherent risk of
skiing/snowboarding. I expressly assume all risk associated with skiing and/or snowboarding including
without limitation, the risks and inherent dangers associated with
skiing/snowboarding and riding the lifts.
These risks include, but are not limited to, changes in terrain,
weather, snow surfaces, and lighting conditions, ice, moguls, bare spots,
debris, fences, posts, trees, lift equipment and towers, rope tows, light
poles, signs, buildings, roads and walkways, ramps, half-pipes, padded and
non-padded barriers, jumps, rails, boxes, snowmaking mounds and other terrain
features, grooming equipment, snowmobiles, utility or all-terrain vehicles,
loading, riding and unloading lifts, collisions with other persons and other
natural and man-made hazards and slips and falls on ice and snow. I agree to follow, and be bound by, Your
Responsibility Code.
2. In consideration of being allowed to use the area facilities
and premises at Welch Village Ski Area, Inc., and specifically in exchange for
the opportunity to purchase a lift ticket at Welch Village Ski Area, Inc. I agree to release Welch Village Ski Area,
Inc., and its agents, employees, directors, officers and shareholders from any and all liability for personal
injury, death or property damage which results in any way from negligence,
conditions on or about the premises and facilities, the operations, actions or
omissions of employees or agents of the area, or my participation in skiing,
snowboarding or other activities at the area, accepting myself the full
responsibility for any and all such damage or injury of any kind which may
result.
3.
To the
extent I am agreeing on behalf of a minor,
I hereby release Welch Village Ski
Area, Inc. from any and all liability for personal injury, death or property
damage sustained by the minor which results in any way from negligence,
conditions on or about the premises and facilities, the operations, actions or
omissions of employees or agents of the area, or the minor’s participation in
skiing, snowboarding or other activities at the area, accepting myself the full
responsibility for any and all such damage or injury of any kind which may
result.
4.
I further
agree to defend, indemnify and hold
harmless Welch Village Ski Area, Inc. from any and all claims, demands,
losses, damages and liabilities, contribution or otherwise with respect to personal injury, death or property damage
arising from my or a minor on whose behalf I signed, participation in
skiing, snowboarding or other activities at Welch Village Ski Area, Inc.. I
promise not to sue the Welch Village Ski Area, Inc.
and further agree that if anyone is physically injured or property is damaged
while I am engaged in any activity at Welch Village Ski Area, Inc. I will have
no right to make a claim or file a lawsuit against the Welch
Village Ski Area, Inc.. I agree
to defend and indemnify the Welch Village Ski Area,
Inc. for any and all claims, including subrogation and/or derivative
claims brought by any third party or insurer, which I may cause.
5.
In accordance with Minnesota law, nothing in this Release of
Liability should be construed as releasing, discharging or waiving any claims I
may have for conduct that constitutes greater than ordinary negligence on the
part of Welch Village Ski Area, Inc..
6.
This Release of
Liability is governed by the Laws of the State of Minnesota and is intended to
be interpreted as broadly as possible.
If any part of this agreement is determined to be unenforceable, all
other parts shall be given full force and effect.
I HAVE CAREFULLY READ THIS RELEASE OF LIABILITY AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND I AGREE TO IT OF MY OWN FREE WILL.
