READ CAREFULLY. THIS IS A RELEASE OF LIABILITY.
BLACKHAWK SKI CLUB WAIVER AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
I, as a member of Blackhawk Ski Club (the “Club”), individually, and on behalf of my minor children hereby enter this Waiver and Release of Liability and Assumption of Risk Agreement (the “Waiver”) with the Club, effective as of the date set forth below.
In the event I am signing this Waiver as the parent or guardian of a minor, I represent I have full authority to do so, realizing this Waiver is binding upon the minor as well as myself.
ACKNOWLEDGEMENT AND ASSUMPTION OF RISK
I acknowledge that skiing (Nordic, alpine, and freestyle), snowboarding, ski jumping, bicycling, and other sports and activities at the Club involve inherent and other risks, dangers, and hazards. These risks, dangers, and hazards include but are not limited to:
Variations in terrain (whether natural or the result of slope design, snowmaking, or snow grooming operations), bare spots, rocks, trees, stumps, and other forms of forest growth or debris;
Changing weather conditions, snowy conditions, icy/slippery conditions, hail, snow slides, and extreme temperatures;
Collisions with objects, including signs, lift towers, posts, fences, and enclosures;
Collisions with other individuals;
The failure of a participant to ski, snowboard, or bike within their own abilities;
The use of ski tows, surface lifts, and other conveyances;
My physical condition and/or any pre-existing medical conditions;
Equipment failure or malfunction;
Improper use or maintenance of equipment or the facilities;
The negligence of other skiers, snowboarders, or other persons;
Alcohol or drug use;
The negligence of the Club, its Officers, Directors, members, volunteers, contractors, agents, and employees (collectively, the “Releasees”), including but not limited to the operation and management of the Club, in the provision of ski or snowboarding lessons, and in the oversight and maintenance of the groomed and ungroomed surfaces, the surface tows, ski jumps, or bicycling trails, and all other areas included within the Club property; and
Negligent rescue operations
I understand that these risks, dangers, and hazards may result in property damage, serious physical injury, illness, or death. I voluntarily assume and accept any all risks, dangers, and hazards, including those described above, associated with my participation in activities at the Club.
Additionally, as a member of the Club, I agree and accept the responsibility of inspecting the facilities, equipment, trails, and tows, and I understand that if I find anything is unsafe, I will immediately advise the Club, a Director, or Ski Patrol Member of such condition, and I shall refrain from participating until satisfied such condition is corrected.
RELEASE OF LIABILITY, COVENANT NOT TO SUE, AND HOLD HARMLESS
I hereby forever release, discharge, and agree not to sue the Releasees from any and all claims, demands, causes of action, lawsuits, damages, injuries, losses, liabilities, and expenses (including fees and costs for any attorneys or experts) that I may have or that may arise in the future resulting from or in any way arising out of: my participation in activities at the Club, my presence at the Club, and/or the negligence or carelessness or breach of any express or implied warranty of the Releasees.
In accordance with Wisconsin law, nothing in this Waiver should be construed as releasing, discharging, or waiving any claims I may have for reckless or intentional acts on the part of the Releasees.
I agree that if any claims for damages are brought against the Releasees for any injury or damage that I or my minor child suffer, then I will HOLD HARMESS, RELEASE, and DEFEND Releasees from any and all such claims, demands, causes of action, lawsuits, damages, injuries, losses, liabilities, and expenses (including fees and costs for attorneys and experts).
ADDITIONAL CLUB ACTIVITIES: RELEASE OF LIABILITY AND HOLD HARMLESS
I acknowledge that the Club offers a number of other activities and social events unrelated to skiing including, without limitation, camping, hiking, picnics, parties and other social events. My participation in any of these activities may involve danger resulting in injury, and I agree that I participate in these activities at my own risk. I agree to HOLD HARMLESS and RELEASE and DEFEND the Releasees from all claims that arise from, or are in any way related to, these activities or events.
I understand that at no time shall I allow any non-Club members to use the ski tows or to ski or bicycle on any of the trails maintained on Club property. I also understand that alcohol may be served or made available at functions held on Club property. I take full and unconditional responsibility for my own actions and the actions of my guests at any function that I may host or attend on Club property. I further agree that I will not serve or provide alcohol to any person under the age of twenty-one (21) at any time on Club property. I agree to HOLD HARMLESS and RELEASE and DEFEND the Releasees from all claims or actions arising from alcohol use on Club property and/or any private function that I host on Club property.
I understand that occasionally members involved in activities and/or events may be photographed, videotaped or interviewed and, thus, images or information including, without limitation, competition results, may appear on Club web sites or be used in publicity, publications, and/or public relations activities. I agree to HOLD HARMLESS and RELEASE and DEFEND the Releasees from all claims or actions arising from the use of these images or information.
If any term, provision, covenant, or condition of this Waiver is found to to be invalid, void, or unenforceable, the remainder of the Waiver shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
This Agreement may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
I HAVE CAREFULLY READ THIS WAIVER, AND I UNDERSTAND ITS CONTENTS. I AM AWARE THAT BY AGREEING TO THIS WAIVER, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES FOR CERTAIN CLAIMS. I UNDERSTAND I AM ABLE TO EXERCISE THE OPTION TO DECLINE TO EXECUTE THIS WAIVER.
CAUTION: READ BEFORE AGREEING! THIS WAIVER AFFECTS YOUR LEGAL RIGHTS AND WILL BAR YOUR RIGHT TO SUE.