2. Emergency Contact (other than parents)

3. PERMISSION TO RELEASE CHILD: Deer Valley Resort Company LLC has my permission to release my Child to the following persons, in addition to the Child's parents:

4. I desire that my Child participate in one or more of the following programs offered by Deer Valley Resort Company LLC hereinafter collectively (“Deer Valley”) during the 2025-2026 season. I understand when I enroll my Child in the Ski School, my Child could participate in the following Deer Valley programs:

If in Deer Valley’s judgment my Child is enrolled in a program not appropriate to his or her age/ability level, Deer Valley HAS MY PERMISSION TO MOVE MY CHILD to the appropriate program, when space is available. If space is not available in the appropriate program, I understand that my Child will be placed in the care of a Deer Valley employee until I can be contacted.

ASSUMPTION OF RISKS

1. I am fully aware that snow skiing, ski racing, freestyle skiing and related activities involve many natural and man-made RISKS, DANGERS AND HAZARDS, including but not limited to changing weather, snow and light conditions; variations in terrain (natural and man-made); moguls, trees, bare-spots, stumps, forest growth, cliffs, drop-offs, avalanches, tree wells and snow immersion, rocks and debris, lift towers, snowmaking hydrants, water pipes, fencing, rope-lines, signs, posts; incidents relating to chairlift loading, riding and unloading; man-made terrain features, including but not limited to rails, boxes, dips, rolls, jumps, banked turns and spines; skiing beyond one’s abilities; equipment failures, collisions, and the negligence of others. I also understand that my Child may encounter such risks at ANY TIME OR PLACE, and that SERIOUS INJURY OR DEATH MAY RESULT. I understand that my Child may get separated from his/her instructor if he/she does not follow the instructor's directions. I, nevertheless, have made a voluntary choice to enter my Child in the Program. I AM AWARE THAT UNLESS MY CHILD IS ENROLLED IN THE BAMBI OR FAWN PROGRAM, HE OR SHE MAY BE RIDING ON THE CHAIRLIFT ALONE. I FURTHER UNDERSTAND THAT EVEN IF ACCOMPANIED ON THE CHAIRLIFT BY AN ADULT, MY CHILD MAY BE SUBJECT TO THE SAME RISKS, DANGERS AND HAZARDS AS IF HE OR SHE WERE RIDING ALONE. I acknowledge that the fact that Deer Valley is providing skiing instruction to my Child does not change the risks, dangers and hazards of skiing and lift riding, loading or unloading. I also recognize that my child may ski a racecourse or on man-made terrain feature, and that due to the competitive nature of many children, participating in these activities may be more hazardous. I have made a voluntary choice to allow my child to participate in these activities despite the RISKS, DANGERS AND HAZARDS that they present. I agree that Deer Valley shall have no duty to warn me or my Child of the nature, layout or condition of the racecourse and man-made terrain features. I accept responsibility for educating myself and my Child as to the nature, layout and condition of the racecourse and man-made terrain features. I further understand that my Child may encounter many other RISKS, DANGERS AND HAZARDS associated with his or her activities or the actions of others at the Children’s Center, including but not limited to tripping, falling, bullying, colliding with objects or other people, choking, and the deliberate or negligent acts of others.

2. In the event my Child’s equipment becomes unsafe, is broken, or is misplaced, I authorize Deer Valley to fit my Child with equipment from the Deer Valley Rental Shop, if available, so that my Child may continue his or her lessons. I further authorize a Deer Valley representative to execute the Rental Shop form and Acknowledgement of Risks on my Child’s behalf. I agree to pay Deer Valley the cost of such equipment rental.

3. As a condition to and consideration for my Child’s participation in the Program, to the fullest extent permitted by law I ASSUME ALL RISKS OF AND RESPONSIBILITY FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH to my Child or to others which may be associated with and/or result from participation in the Program or other uses of Deer Valley facilities; and I HEREBY AGREE TO FULLY RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS Deer Valley, Alterra Mountain Company and their employees and agents of and from ANY AND ALL liability, claims, attorneys fees, losses, demands, actions and causes of action whatsoever (INCLUDING CLAIMS OF NEGLIGENCE) for any loss, damage, injury, illness or harm of any kind and nature arising from or related in any way to participation in the Program or other uses of Deer Valley facilities.

4. I authorize Deer Valley to call for medical care for my Child or to transport my Child to the Deer Valley Clinic or a hospital, if in the opinion of anyone working at Deer Valley medical attention is needed for my Child. I agree that upon the transporting of my Child to any medical facility, clinic or hospital that the responsibility of Deer Valley shall be totally fulfilled and Deer Valley shall not have any further responsibility for my Child. I agree to pay all costs associated with such medical care and related transportation for my Child and INDEMNIFY and hold HARMLESS Deer Valley, Alterra Mountain Company and their employees and agents from any costs incurred in connection therewith.

5. I represent that my Child is in good health, there are no special problems associated with the care of my Child, and I have left no special instructions regarding my Child, unless contained above and on the 2025-2026 Special Needs Form available upon ticket pickup.

6. By signing below, I agree to all the Reservation, Wait List, Payment, No-show, Cancellation and Refund Policies, including but not limited to cancelling or changing my product(s) before 5 p.m. (MST) two (2) days prior to the reservation date in order to receive a full refund or be assessed the applicable fee. No refunds for ‘day of’ cancellations. I agree to pay Deer Valley the full cost of all of my 2025-2026 Skier Services products, including charges for additional days of equipment rentals, child care and/or lessons.

7. To the extent any portion of this Agreement is deemed unenforceable, the remaining portions shall remain in full force and effect to the fullest extent permitted by law. Any legal action against Deer Valley will be filed only in the State of Utah and shall be governed by Utah law.

I have carefully read and I understand this agreement and all of its terms and sign it freely and voluntarily and agree that it is binding upon me and my heirs, successors, assigns and legal representatives. I intend that this agreement be valid and binding for the entire 2025-2026 ski season.

I also understand that this Agreement and Release is fully binding and applicable for the ENTIRE YEAR in which the Agreement and Release is signed and is NOT LIMITED to the specific date the Agreement and Release is signed regardless of whether I have or obtain a seasons pass or not. This Agreement and Release is NOT LIMITED in any way to just inherent risks, but covers non-inherent risks as well and injuries sustained by me for any cause or reason without limitation.

I hereby grant permission to Deer Valley and its agents to use my child’s name and photograph for the purpose of publicity, public relations, editorial or other advertising purpose without restriction as to frequency or duration. I also agree that neither my minor child nor I will be entitled to any compensation in exchange for my granting this exclusive permission to Deer Valley and its agents.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, WARNING, ASSUMPTION OF RISK, INDEMNITY, AND CONSENT TO MEDICAL TREATMENT/TRANSPORT AGREEMENT BY SIGNING THIS AGREEMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. THE EFFECT OF THIS AGREEMENT MAY VARY FROM JURISDICTION TO JURISDICTION. PLEASE READ CAREFULLY!

WHENEVER “YOU”, “YOUR”, “I”, “ME”, “MY”, “MYSELF”, OR “WE” IS USED IN THIS AGREEMENT, IT REFERS TO ALL RELEASORS WITHOUT HAVING TO RESTATE THAT INTENT EVERY TIME “YOU”, “YOUR”, “I”, “ME”, “MY”, “MYSELF”, OR “WE” IS USED.

DEFINITIONS

As used in this Agreement, whether in the singular or plural:

“Activities” means all skiing and snowboarding activities (including clinics and lessons); Events; snowshoeing; biking; snow/ski biking; snowmobiling; hiking; tubing; tobogganing; up-hilling; touring; guided tours; Resort-provided transportation; Equipment rental, use, tuning or repair; any other access to or use of a Resort or part of a Resort, including access to or use of terrain parks, mountain coasters, alpine slides, ice skating, zip lines, climbing walls, tubing facilities, trampolines and other amusement events, facilities or features, food and beverage locations, retail locations, buildings and premises, base areas, trams, gondolas, chairlifts, rope or other tows, moving carpets or other conveyances, snowcats, snowmobiles, vehicles, sidewalks, stairways, trails and parking lots; and, if volunteering at or for the Resort, all tasks carried out as a volunteer.

“Agreement” means this “Release of Liability, Waiver of Claims, Warning, Assumption of Risk, Indemnity, and Consent to Medical Treatment/Transport Agreement.”

“Equipment” means all equipment offered for use or rent by a Resort, including skis, snowboards, bikes, snow/ski bikes, snowshoes, snowblades, skiboards, boots, poles, bindings, helmets, apparel, goggles, ice skates, tubes, toboggans, sleds, harnesses, ski and snowboard jump airbags, exercise equipment or any other equipment used for an Activity.

“Events” means competitions, races and other special or competitive events, including pre- and post-event activities such as “warming up” and “cooling down”, training, practicing, the use of training courses, awards ceremonies and post-Event celebrations and spectating.

“including” means “including without limitation” and “include” or “includes” means “includes without limitation”.

“Minors” means participants listed below who have not reached the age of majority in the jurisdiction where they are participating in the Activities or use the Equipment.

“Pass” means the season or other frequency pass product that provides access to a Resort.

“Releasors” means all participants signing this Agreement and all Minors and all other participants on behalf of whom a signatory signs this Agreement.

“Resort” means each ski area, resort, facility and operation accessed with the Pass or at which Releasors participate in Activities, including Alpine Meadows, Arapahoe Basin Ski Area, Bear Mountain, Blue Mountain, (ON), CMH Heli-Skiing and Summer Adventures, Deer Valley Resort, June Mountain, Mammoth Mountain, Palisades Tahoe, Schweitzer, Snow Summit, Snow Valley, Snowshoe Mountain, Solitude Mountain Resort, Steamboat, Stratton, Sugarbush Resort, Tremblant, and Winter Park Resort.

PASS ADVISORY

Be advised: You must sign this Agreement to purchase a Pass or to participate in certain Activities at a Resort. By purchasing a Pass, you are accessing a Resort at a discounted price per day from the daily lift ticket rate. If you do not wish to sign this Agreement, you may have the opportunity to access a Resort through other products.

The Pass does not guarantee access to a Resort for a minimum or a maximum number of days in each season or that a Resort will be open for a minimum or a maximum number of days each season. Use of the Pass to access a Resort is subject to, among other things, the Resort being open and having the capability and/or capacity to grant access. Each Resort reserves the right to close or limit access to the Resort for weather, safety or any other reason at its sole discretion with or without notice during each season. I understand, accept and agree that use of the Pass is subject to the length and occurrence of each season, which may be affected by weather, weather-related events, travel advisories, public health or government order, employee dispute or labor strike, or any other event or occurrence that limits or prohibits a Resort from its full or partial operations.

I understand, accept and agree that the Pass is a revocable license for the sole use of the individual to whom it is issued, that such individual’s likeness, name, and/or other specific information will be associated with the Pass account and visible to Resort staff, and that the Pass is NOT TRANSFERABLE, CANNOT BE USED BY ANYONE OTHER THAN THE INDIVIDUAL TO WHOM IT IS ISSUED and CANNOT BE RESOLD. I also understand, accept and agree that the Pass may be confiscated, suspended or revoked at any or all Resorts, if, in the sole judgment and discretion of a Resort or Alterra Mountain Company, I act in any manner that endangers or may endanger my safety or that of another person; I violate the law, the Community Guidelines & Expectations, or Resort policy; I organize or run any unauthorized event; or I provide ski/snowboard lessons, guided tours or other services at the Resort for compensation without the Resort’s prior express authorization; I use the Pass in a fraudulent manner; or I engage in misconduct, abuse Resort staff or other participants, or create a disturbance or nuisance; or I revoke my consent and acceptance of this Agreement. I further understand, accept and agree that such acts may also be prosecuted as a criminal offense, as applicable. I acknowledge the affirmative duty to immediately notify the Resort if the Pass is lost or stolen.

I understand, accept and agree that if I or any Releasor is involved in, or witnesses, a collision or other incident at the Resort, the Resort may disclose my and/or the relevant Releasor’s name and contact information to third parties involved in the collision or incident, including the investigation, treatment and adjudication thereof. If consent is required, I or any Releasor expressly consent to such disclosure, and I or any Releasor hereby waive any and all claims against the Resort that I or any Releasor did not consent to such disclosure.

AGREEMENT EFFECTIVE UNTIL REVOKED

I UNDERSTAND, ACCEPT AND AGREE THAT THIS AGREEMENT WILL REMAIN IN EFFECT UNTIL I PROVIDE WRITTEN REVOCATION TO EACH APPLICABLE RESORT, OR TO IKON PASS, INC. IF THE REVOCATION IS INTENDED TO APPLY TO ALL RESORTS, AND THE REVOCATION IS COUNTERSIGNED BY AN AUTHORIZED SIGNATORY OF EACH APPLICABLE RESORT, OR IKON PASS, INC. IF THE REVOCATION IS INTENDED TO APPLY TO ALL RESORTS. THIS AGREEMENT CANNOT BE MODIFIED. I UNDERSTAND THAT THIS AGREEMENT WILL APPLY TO EACH DAY AND EACH SEASON THAT I OR ANY RELEASOR ACCESS A RESORT AND TO EACH ACTIVITY THAT I OR ANY RELEASOR PARTICIPATE IN AT A RESORT WITHOUT REQUIRING ME OR ANY RELEASOR TO SIGN AN ADDITIONAL AGREEMENT.

ACKNOWLEDGMENT OF DANGERS AND RISKS

I understand, accept and agree that participation in Activities, including use of Equipment, is HAZARDOUS and involves risks of bodily injury that may include serious permanent disability or death. I acknowledge and accept all dangers and risks associated with the Activities, including use of Equipment, whether or not expressly listed in this Agreement, whether known or unknown to me, or whether or not inherent risks of the Activities, including use of Equipment. UNDERSTANDING AND ACCEPTING ALL DANGERS AND RISKS, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES, INCLUDING USE OF EQUIPMENT, OR VOLUNTARILY CHOOSE TO ALLOW ANY RELEASOR TO PARTICIPATE IN THE ACTIVITIES, INCLUDING USE OF EQUIPMENT.

I understand, accept and agree that the Activities involve numerous dangers and risks including unpredictable or variable snow or weather conditions; extreme cold; frostbite; hypothermia; high elevation; wildlife and domestic animal encounters; exposure to the elements; lack of shelter; trees, stumps, branches, and limbs; marked and unmarked obstacles; natural or artificial features, objects, or debris; snow immersion (including tree wells); deep snow conditions; slush; ice; bare spots; unstable ice and snow (including snow slides and avalanches); changes or variations in terrain or snow conditions; surface and subsurface conditions; open water hazards; rugged mountainous terrain; cliffs; ravines; collisions with other skiers, snowboarders and participants, snowmobiles, snowmaking and snow-grooming equipment or other vehicles, property or structures; operation of snowmaking equipment which may create blind spots or areas of reduced visibility; acts of other skiers, snowboarders and participants; carelessness and misjudgments on the part of other participants, Releasors, or Resort staff, including failure to follow applicable rules, policies and procedures; use of trams, gondolas, chairlifts, rope or other tows, moving carpets, or any other conveyance which may involve entanglement with equipment, objects, or other skiers, snowboarders, participants, or other individuals, errors in loading/unloading, and equipment malfunction or breakdown; slick or uneven walking surfaces.

I understand, affirm and agree that: (i) I have the physical fitness and dexterity and the knowledge required to safely load, ride and unload the trams, gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances; and if I do not have that fitness, dexterity and knowledge, that I will seek out instruction and will not use those trams, gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances until I have the fitness, dexterity and knowledge to safely do so; (ii) falls, collisions and injuries are a common and ordinary occurrence of the Activities; (iii) I shall obey all signs, markings, ropes and warnings posted at the Resort and all applicable laws and regulations; (iv) entering or skiing or snowboarding in a “CLOSED” area is prohibited and may be illegal and/or result in confiscation, revocation or suspension of the Pass; (v) skiing or snowboarding off of designated trails may be more dangerous to me and others than skiing or snowboarding on designated trails; (vi) there are risks involved in decision-making and conduct of others including risks involved with rescue operations and medical care conducted or provided by Resort staff or third parties inside or outside of Resort boundaries, risks associated with decision-making by Resort staff to open and close terrain, and the risk that Resort staff may misjudge weather, trail or snow conditions, route/terrain selection, or limitations of Releasor’s abilities that may make a certain aspect of the Activity inappropriate for the Releasor; and (vii) I will exercise caution around and will avoid snowmobiles, snowcats, snowmaking and snow-grooming equipment, vehicles, structures, signs, immovable objects or other property that I may encounter at any time. Further, I accept the responsibility to maintain deliberate and conscious control and to take precautions to avoid hazards at all times while skiing, snowboarding or participating in other Activities.

If applicable, I agree to read to, or to have Minor or other Releasors read, and to explain to Minor or other Releasors, if necessary, all posted Resort policies, signs, markings, and warnings including instructions on the use of trams, gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances.

EQUIPMENT

I REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY ME OR ANY RELEASOR ONLINE OR TO RESORT STAFF, INCLUDING HEIGHT, WEIGHT, AGE, EXPERIENCE LEVEL AND SKIER/RIDER TYPE CLASSIFICATION WILL BE ACCURATE AND COMPLETE.

I agree to inspect all Equipment before use. I understand, accept and agree that I may not be available or present when my Equipment is fitted and adjusted. I waive the opportunity to verify the helmet size and fit and binding settings and hereby authorize Resort staff to fit the helmet size and set the binding settings. I understand, accept and agree that, although I may be wearing a helmet, a helmet cannot guarantee my safety and no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s face, neck or spinal cord. I accept for use “AS IS” and without any warranty express or implied any Equipment I use for an Activity and to return either before use or promptly after discovery, for replacement or repair, any Equipment believed by me to be damaged or defective in any way or requiring adjustment. I accept full responsibility for the care of the Equipment used for an Activity and agree that I will be responsible for the replacement at full retail value of any Equipment damaged or not returned. I understand and agree that bindings may not release, or may release, in all situations where release, or non-release, may prevent injury and therefore bindings cannot guarantee my safety. I understand that undesired release or non-release are inherent risks of using any binding system. In snowboarding, cross-country, telemark skiing, snowshoeing, snowblading, ski boarding with skiboards or any other Equipment not equipped with release bindings, I understand, accept and agree that the binding system may not be designed to, and therefore will not ordinarily, release during use.

SNOW SCHOOL

I understand, accept and agree that if I participate in ski and snowboard lessons at a Resort, (a) I have the sufficient mental, emotional and physical stamina to participate in the Activity; (b) I have the responsibility to follow the instructions of Resort staff; (c) I have the responsibility to obey all signs, markings and warnings posted at the Resort, comply with Resort policies, and act in a safe manner; (d) I should or may be required to wear a protective helmet; (e) I am responsible for disclosing to Resort staff any pre-existing medical condition that may affect my ability to participate in the Activities; and (f) that Resort staff cannot at all times maintain close enough visibility of or proximity to me to intervene, for any reasons including when using trams, gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances on my own or with other participants.

COMPETITIONS AND OTHER EVENTS

If I participate in Events, I understand, accept and agree that (a) I assume all dangers and risks associated with the Event and training course(s) including their features, layout, location, steepness, length, obstacles, and difficulty level and (b) I am solely responsible for inspecting the features, layout and other aspects of the Event and training course(s) prior to use and determining in my sole discretion whether I am capable, comfortable with and fit for participating in the Event.

VOLUNTEERS

If I volunteer to assist with the preparation, administration, management or governance of an Activity, I understand, accept and agree that (a) I am not an employee of the Resort, regardless of any non-cash remuneration for time and services which I may receive; (b) I am not covered by Workers’ Compensation nor entitled to any benefits under Workers’ Compensation law, except for those jurisdictions in which I would be covered as a matter of law; and (c) I am hereby advised to obtain my own medical coverage for my volunteer position.

ASSUMPTION OF RISK, WAIVER, RELEASE, AGREEMENT NOT TO SUE, AND INDEMNIFICATION

In consideration for permitting me to participate in Activities, including use of Equipment, and with knowledge of the dangers and risks involved, I UNDERSTAND, ACCEPT AND AGREE to: (1) ASSUME ANY AND ALL RISK OF PROPERTY DAMAGE, INJURY OR DEATH to me arising from my participation in any Activity, use of Equipment or the administration of Care; (2) WAIVE, RELEASE and NOT SUE, MAKE ANY CLAIM OR FILE ANY ACTIONS against the United States Department of Agriculture Forest Service, City and County of Denver, CO, Winter Park Recreational Association, Blue Mountain Ski Club (1940), Inc., Alterra Mountain Company, Ski Butlers Holdings, LLC, Ski Butlers California, LLC, AMC SB Canada LP, IKON Pass, Inc., any Resort, and any of their respective owners, landlords, operators, parents, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, employees, volunteers, Resort staff, agents, insurers, as well as any Activity sponsors and Equipment manufacturers and distributors (the “Released Parties”) that are based on, arise or result from in whole or in part, the Pass, use of the Pass, participation in any Activities, use of Equipment or the administration of Care, and without limitation any and all claims arising out of or resulting from any of the Released Parties’ ALLEGED OR ACTUAL NEGLIGENCE (INCLUDING NEGLIGENCE ARISING OR RESULTING FROM RELEASED PARTIES’ ACTIONS OR FAILURE TO ACT) AND/OR BREACH OF ANY STATUTORY DUTY, to the fullest extent legally permitted, BREACH OF CONTRACT, OR BREACH OF WARRANTY by any of the Released Parties, and if the alleged incident occurred in Ontario or Alberta, any duty of care owed under the applicable Occupiers’ Liability Act and if the alleged incident occurred in British Columbia, any duty of care owed under the Occupier’s Liability Act; (3) PERSONALLY INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS from and against any and all claims, demands, actions, causes of action, losses and liabilities whatsoever arising from or related to the Pass, use of the Pass, participation in any Activities, use of Equipment or administration of Care, and any loss, damage or injury, including death, that may be sustained by me, or caused to other participants or their property by me, whether such matters are brought by myself, a third party or on behalf of any other person (including Releasors). I agree to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Released Party in defending an investigation, claim or suit brought on my behalf as a result of the Pass, my use of the Pass, participation in an Activity, use of Equipment or administration of Care. I understand and agree that by accepting this Agreement on behalf of any Releasor, I am representing and warranting that I am legally authorized to execute this Agreement on their behalf, and that by doing so I agree to PERSONALLY INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties from and against any and all claims brought by or on behalf of every Releasor should they refuse to accept or carry out the terms and conditions of this Agreement.

CONSENT TO MEDICAL TREATMENT/TRANSPORT

I authorize the Resort, Resort staff and/or authorized personnel to administer and/or call for medical care, treatment and/or procedures (collectively, “Care”) for me or to transport me to a medical facility or hospital if, in the opinion of Resort staff and/or authorized personnel, Care is needed. I also consent to any Care given by Resort staff and/or authorized personnel prior to transport to a medical facility or hospital. I knowingly and voluntarily consent in advance to such administration of Care. Further, I agree to pay all costs associated with such administration of Care and transportation provided for me and to indemnify and hold harmless the Released Parties from any costs incurred therein.

GOVERNING LAW, JURISDICTION, WAIVER OF JURY TRIAL

In consideration for permitting me to participate in Activities, including use of the Equipment, I agree that, to the fullest extent permitted by law, ALL claims arising from or related to any Activity including bodily injury, permanent disability or death, and all matters concerning this Agreement, shall be GOVERNED BY THE LAW OF THE STATE IF IN THE UNITED STATES OR PROVINCE IF IN CANADA WHERE SUCH ALLEGED INCIDENT OCCURRED, without regard to any conflict of law principles, and that EXCLUSIVE JURISDICTION shall be THE STATE, PROVINCIAL OR FEDERAL COURT WITH JURISDICTION WHERE THE ALLEGED INCIDENT OCCURRED. I VOLUNTARILY AND IRREVOCABLY WAIVE ANY OBJECTION TO SUCH LAW AND JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY VOLUNTARILY AND IRREVOCABLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY AND ALL CLAIMS ARISING FROM OR RELATED TO ANY ACTIVITY (INCLUDING USE OF EQUIPMENT), INCLUDING FOR INJURY TO PERSON OR PROPERTY AND/OR DEATH.

CONSENT TO USE OF IMAGE

To the extent captured at the Resort or through an interaction with the Resort, I grant to the Resort, Alterra Mountain Company, and IKON Pass, Inc. (including agencies and contractors acting on their behalf) a worldwide, royalty-free, irrevocable, non-exclusive and sub-licensable right and license to reproduce, modify, publish and distribute my name, image, likeness and performance in any and all forms of media now known or hereafter devised, including online and in social media.

AUTHORITY AND CAPACITY

This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be void or unenforceable as a matter of law, it shall be deemed severed from this Agreement, and the remaining terms shall survive and remain in full force and effect. I REPRESENT AND WARRANT THAT (A) I HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT UNDER APPLICABLE LAW AND (B) IF A PARENT, LEGAL GUARDIAN, SPOUSE OR OTHER REPRESENTATIVE OF THE RELEASOR(S), I AM LEGALLY AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF OTHER RELEASOR(S), AND THAT SUCH RELEASOR(S) WILL BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. I UNDERSTAND AND AGREE THAT IF THIS AGREEMENT IS NOT SIGNED ON BEHALF OF OTHER RELEASORS, OTHER RELEASORS SHALL NOT PARTICIPATE IN ANY ACTIVITY COVERED BY THIS AGREEMENT. This Agreement shall be binding upon my and each Releasor’s assignees, subrogors, administrators, heirs, next of kin, executors and representatives.

WHEN YOU SKI IN ALBERTA, BRITISH COLUMBIA OR ONTARIO, CANADA, THE FOLLOWING SHALL APPLY: By signing this Agreement, you waive or give up certain legal rights including THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE APPLICABLE OCCUPIERS LIABILITY ACT OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT OR INJURY.

WHEN YOU SKI IN CALIFORNIA, THE FOLLOWING SHALL APPLY: This Agreement shall apply to and cover any and all damages, and other claims or rights of action, whether known, unknown, speculative or ascertained in the future, and I and all Releasors expressly waive all rights under section 1542 of the Civil Code of the State of California, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” I am advised, understand and agree that sections 602(r) and 653i of the California Penal Code shall apply to me, if applicable. I also agree that any action under this Agreement shall be governed by California law, with exclusive jurisdiction in the Superior Court of the County where the alleged incident occurred.

WHEN YOU SKI IN COLORADO, THE FOLLOWING SHALL APPLY: I understand and agree that under Colorado law any person using a ski area for the purpose of skiing, which includes, without limitation, sliding downhill or jumping on snow or ice on skis, a toboggan, a sled, a tube, a snowbike, a snowboard or any other device; or for the purpose of using any of the facilities of a ski area, including but not limited to ski slopes and trails is considered a “skier” and, further, that Colorado law provides that a skier using the facilities of a ski area assumes certain “inherent dangers and risks of skiing” as defined in the Colorado Ski Safety Act (the “CO Act”). IN ADDITION, I ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BY SIGNING THIS AGREEMENT, ON BEHALF OF MYSELF AND, IF APPLICABLE, ON BEHALF OF THE OTHER RELEASORS, I AND THEY ARE VOLUNTARILY ASSUMING ALL DANGERS AND RISKS OF SKIING, INHERENT OR OTHERWISE, AND ARE WAIVING RIGHTS, AND RELEASING CLAIMS IN CONNECTION WITH DANGERS AND RISKS ABOVE AND BEYOND THOSE ADDRESSED BY THE CO ACT.

WHEN YOU SKI IN IDAHO, THE FOLLOWING (IN ADDITION TO ALL OTHER APPLICABLE LAWS) SHALL APPLY: Under Idaho Code Annotated Title 6-1101 through 6-1109 as amended or modified, no skier or passenger may make any claim or recover from any ski area operator for any losses or damages where the violation of duty is causally related to the loss or damage suffered resulting from violations of the duties of skiers or passengers.

WHEN YOU SKI IN QUEBEC, CANADA, THE FOLLOWING SHALL APPLY: I agree that I will comply with the Mountain Code of Conduct and all other regulations and safety rules enforced by the Resort. I hereby waive my right to terminate this Agreement pursuant to Section 2125 of the Civil Code of Quebec. I and each Releasor agrees to this Agreement’s terms and conditions as drafted in the English language. Je consens à ce que cette entente soit rédigée en anglais.

WHEN YOU SKI IN UTAH, THE FOLLOWING (IN ADDITION TO ALL OTHER APPLICABLE LAWS) SHALL APPLY: Under Utah Code Annotated 78B-4-401 through 406 as amended or modified, no skier may make any claim against or recover from any ski area operator for injuries resulting from any of the inherent risks of skiing.

I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT, I UNDERSTAND ITS CONTENTS, AND I AM AWARE THAT BY ACCEPTING AND AGREEING TO THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, SUBROGORS, ADMINISTRATORS, ASSIGNEES AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASED PARTIES. BY CLICKING “I AGREE” OR SIGNING BELOW, I WARRANT THAT I HAVE THE AUTHORITY AND EXPRESS CONSENT TO SIGN THIS AGREEMENT ON MY OWN BEHALF AND ON BEHALF OF ALL OTHER RELEASORS.

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