Waiver

WAIVER

Please READ THIS AGREEMENT CAREFULLY.

This Agreement constitutes a binding agreement and contains important terms, conditions, ASSUMPTIONS OF RISKS, RELEASES, LIMITATIONS OF LIABILITY, FORUM SELECTION, CHOICE OF LAW, and WAIVERS OF RIGHTS, ACTIONS, AND DAMAGES. 

I represent that I am either the pass holder or, if the pass holder is a minor/child, that I am the parent or

legal guardian of the pass-holder and authorized to accept these terms on the minor/child’s behalf. 

Assumption of Inherent Risks. I understand that skiing, snowboarding, cross-country skiing, ski/ride instruction, racing/competing, uphill skiing, and any other use of ski area facilities, including but not limited to use of the parking lots, sidewalks and walkways, lodges, buildings, premises, restaurants, food and beverage and retail locations, rental equipment, lifts and other conveyances, over-snow vehicles, terrain parks/features, race courses, for any purpose (the “Activity”), can be hazardous and involve the risk of physical injury or death. I agree that “ski area facilities” and “activity” also include tubing, ice skating, sledding, zip-lining, ropes courses, rock climbing, hiking, upsloping, alpine coasters and any other family or adventure activity available at or through the ski area. I agree that “ski area facilities” and “activity” also include provision of medical care by a licensed physician or other medical care provider while at a resort as related to an Activity. I understand that risks related to the Activity include but are not limited to: falling or loss of balance; unpredictable and/or variable snow and/or weather conditions; icy, slick or uneven surfaces; avalanches, cornices and crevasses; collisions with natural or man-made objects, other people, animals, snowmobiles and/or other motor or over-snow vehicles; bumps; moguls; tree wells and stumps; downed timber and other forest growth; rocks, drainage channels, streams, creeks, holes, debris, and other rugged mountainous terrain; marked and unmarked obstacles; unmaintained or unmarked trails/roads or trail obstructions; operation of snowmaking equipment which may create blind spots or areas of reduced visibility; the negligence or failure of the pass holder, ski area employees, or other guest to act safely (including an instructor’s selection of terrain that exceeds the pass holder’s ability) or within their own ability including failure to stay within designated areas and comply with signage; carelessness and misjudgments on the part of participants and participating resort staff members, including failure to follow applicable rules, policies and procedures; falling snow or ice from natural or man-made sources; encounters with or attacks by wild or domesticated animals; equipment malfunction, failure or damage; improper use or maintenance of equipment; misloading, entanglements, or falls from ski lifts; moving carpets which may involve entanglement with equipment, objects, or other skiers/snowboarders, errors in loading/unloading, and equipment malfunction or breakdown; varying visibility, storms, lightning, hail, snow, extreme cold, and other adverse weather; becoming lost or separated; lack of shelter; limited access to and/or delay of medical attention; the pass holder’s health condition, physical exertion, exhaustion, dehydration, hypothermia, altitude sickness, or frostbite; and/ or mental distress from exposure to any of the above. I, on my own behalf and on behalf of all passholders for whom I am signing, understand, affirm, and agree that I/We: have the physical fitness and dexterity and the knowledge required to safely load, ride and unload the gondolas, chairlifts, rope or other tows, and moving carpets and falls and collisions occur, and injuries are a common and ordinary occurrence of the Activities. I agree and understand that the pass holder assumes responsibility for maintaining control at all possible times while engaging in the Activity and for reading, understanding, and complying with all signage, including instructions on the use of lifts, closed areas, trail designations, warnings, and notices. I understand that a minor pass holder may use the ski lifts without an adult present or may ride the ski lifts with non-employee guests. I further understand that snowmobiles, snowmaking equipment, and snow-grooming equipment may be encountered at any time and that falls, collisions, and injuries are common. 

RECOGNIZING THESE RISKS AND DANGERS, I VOLUNTARILY CHOOSE TO PARTICIPATE (OR FOR THE PASS HOLDER TO PARTICIPATE) IN THE ACTIVITY AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY, INCLUDING ALL RISK OF PROPERTY DAMAGE, INJURY, OR DEATH to me and any pass holder for whom I am signing, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, MAN-MADE, OR OTHERWISE.

RELEASE: In consideration for purchasing and allowing the pass holder to participate in the Activity, I AGREE, to the maximum extent permitted by applicable law, TO WAIVE, RELEASE, AND FORFEIT ANY AND ALL CLAIMS AGAINST, AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE Indy Ski Pass LLC (dba Indy Pass), Entabeni Systems Inc., or any Indy Pass participating resort including their respective owners, officers, shareholders, agents, employees, affiliates, representatives, commercial or corporate sponsors (“Released Party”) FOR ANY INJURY, INCLUDING DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, WHICH I OR THE PASS HOLDER MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF THE PASS HOLDER’S PARTICIPATION IN THE ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE, NEGLIGENCE IN RESCUE EFFORTS, BREACH OF ANY CONTRACT, EXPRESS OR IMPLIED WARRANTY, MY INABILITY TO USE THE INDY PASS OR OTHER PRODUCT, VIOLATION OF INDY PASS’ TERMS AND CONDITIONS, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING IN BRITISH COLUMBIA AND ALBERTA ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF THE ACTIVITY. In consideration for allowing the pass holder to participate in the Activity, I FURTHER RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT I MAY NOW HAVE AGAINST ANY RELEASED PARTY AND

UNDERSTAND THIS RELEASES ALL CLAIMS, INCLUDING THOSE OF WHICH I AM NOT AWARE, THOSE NOT MENTIONED IN THIS RELEASE AND THOSE RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW. I AGREE TO DEFEND AND INDEMNIFY EACH RELEASED PARTY FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, WHETHER ARISING IN WHOLE OR IN PART FROM THE PASS HOLDER’S PARTICIPATION IN ANY ACTIVITY OR FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS AGREEMENT. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

LIMITATION OF LIABILITY: I understand and agree that, to the maximum extent permitted under applicable law, in no event will Iny Pass or any Indy Pass Resort be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, personal injury/wrongful death, punitive, or exemplary damages (even if SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING BUT NOT LIMITED TO DAMAGES AS A RESULT OF: (A) THE OPERATION OF AN Indy Pass RESORT(S) OR PARTNER RESORT(S), INCLUDING THE IMPLEMENTATION OR USE OF RESERVATION SYSTEM(S), (B) YOUR USE OF OR INABILITY TO USE THE Indy Pass OR OTHER Indy Pass PRODUCT, OR (C) ANY VIOLATION BY US OF THE Indy Pass TERMS OR OTHER TERMS OR POLICIES IMPLEMENTED PREVIOUSLY OR HEREINAFTER. NOTWITHSTANDING THE FOREGOING, Indy Pass’ and its Partner Resort’s LIABILITY WILL NOT, IN THE AGGREGATE AND UNDER ANY CIRCUMSTANCE, EXCEED THE AMOUNT YOU PAID FOR THE Indy Pass YOU PURCHASED. To the extent any applicable law limits Released Parties’ limitation of liability exceeds that permissible by law, Indy Pass’ and Partner Resort’s liability shall be the minimum permitted thereby. Indy Pass and its Partner Resorts disclaim all warranties to the maximum extent permitted by applicable law. For ski areas located in Wisconsin ONLY: I understand that, for an additional fee of $100.00 per year in addition to the normal Indy Pass price, there is an optional Indy Pass price that exempts me from this Limitation of Liability at Wisconsin ski areas. NOTE: If you plan to ski in Wisconsin and wish to pay $100.00 to forego application of this Limitation of LIability to incidents at a ski area located in Wisconsin, please contact [email protected] to receive an alternate sales agreement. In signing this Release of Liability, I acknowledge I am aware of this option to negotiate its application in Wisconsin, do not wish to pay this fee, accept the full scope of this Release of Liability and hereby waive my right to purchase the same.

Class Action and Jury Waiver. By signing this agreement for myself or on behalf of a minor, I HEREBY WAIVE THE RIGHT TO BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION and further agree that CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED. I HEREBY WAIVE ANY RIGHT TO A JURY TRIAL IN ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF THE Activity, THESE TERMS, OR MY RELATIONSHIP WITH Indy Pass OR A Partner Resort. 

Consent to Emergency Medical Care. I authorize a licensed physician or other medical care provider to carry out any emergency medical care for the pass holder, including a minor child for whom I am executing this document, and understand that I bear full responsibility and liability for any financial expenses incurred in relation thereto or arising therefrom. 

Conduct and Behavior Obligations. I agree that, as a condition of purchasing and/or using the Indy Pass and accessing any participating resort or related facilities (collectively, the “Facilities”), I will at all times conduct myself in a safe, respectful, and responsible manner. This includes, but is not limited to: complying with all posted rules, instructions, and policies; following all verbal directions issued by resort personnel; respecting all closures, warnings, and operational procedures; refraining from any behavior that endangers myself or others; and using the Facilities and any equipment in an appropriate and lawful manner. I understand and agree that inappropriate, unsafe, reckless, abusive, or unlawful conduct—whether directed toward staff, other guests, property, or the Facilities—may result in immediate removal from the premises, revocation of my Indy Pass without refund, denial of future access, and/or involvement of law enforcement when applicable. I further understand that I am fully responsible for any damage I cause to property or equipment and for any injury or harm resulting from my actions or failure to act appropriately. My use of the Indy Pass constitutes my agreement to uphold these conduct requirements at all times.

Governing Law and Forum Selection. This Agreement will be governed by and interpreted in accordance with the laws of the State of Colorado, and the laws of the United States in force therein, without regard to conflicts of law provisions. The 2nd Judicial District in the State of Colorado (Denver) shall have exclusive subject matter jurisdiction over any disputes arising from this Agreement or in relation thereto and the parties unequivocally agree to subject themselves to the personal jurisdiction thereof. Venue shall be proper in, and only in, the 2nd Judicial District of the State of Colorado (Denver). Should I file any suit, claim, or demand in any other court, I hereby irrevocably agree to transfer of such case to the 2nd Judicial District for the State of Colorado (Denver) and I shall be liable for the other party’s costs and expenses related to such transfer, including attorney’s fees. By entering this Agreement, I irrevocably consent to service of process in any location and irrevocably waive any and all defenses to claims against me based on the location in which service was perfected or accomplished.

Electronic Communications. I hereby consent to receiving communications from the Released Parties electronically. I represent and warrant that the email address I have provided is a valid address and is to be used for the express purpose of receiving communications from the Released Parties. I understand and agree that the sole method of communication from the Released Parties may be via email and that I may not receive communications in any other medium, regardless of the content of such emails. I agree to assume sole responsibility for updating my email address, ensuring email filters permit communications from the Released Parties to reach me, and taking any other step required to continue receiving communications, updates, notices, and any other content from the Released Parties. The Released Parties may communicate with me by email or posting notices on applicable websites. I agree that all agreements and other communications that the Released Parties provide to me electronically satisfy any legal requirement that such communications be in writing. I understand that, in order to access any such communications, I must have a computer or other Internet-enabled device and that, in order to retain copies of any such communications, I must have a printer or data storage device. I understand and agree that the Privacy Policy contained in the Indy Pass website applies to all electronic communications with Released Parties.

Severability. If any term or other agreement between us is found by a court of competent jurisdiction to be invalid, I nevertheless agree that the court should endeavor to give effect to our intentions as reflected in the provision, and that al other provisions remain in full force and effect.

 

Controlling Terms. These Terms supersede all previous terms, agreements, representations, warranties, or commitments, whether in writing or oral, between you and the Released Parties with respect to the subject matter hereof.

 

Modifications and Supplemental Terms. I understand that the Released Parties may need to make changes to any portion of this Agreement, the terms, conditions, or agreements between me and the Released Parties, including any of the terms and conditions of any policies or other agreements related to or arising out of any Activities or relationship between me and the Released Parties. If the Released Parties make a material change to this Agreement, or the terms and conditions of the relationship between us, The Released Parties will provide notice to me of such change and/or post the amended terms on the Indy Pass website. Your use of your Indy Pass or your purchase of an Indy Pass following the posting of revised Agreement, terms, conditions, or otherwise constitutes an acceptance of the amended terms. I understand that additional, more specific, and/or supplemental terms may apply to the Activity, including the “User Agreement” posted on the Indy Pass Website at https://www.indyskipass.com/terms-conditions now or in the future and terms imposed by participating resorts now or in the future. I understand that it is my obligation to remain informed of any and all changes to this Agreement and that I will be bound to the same upon use of the benefits provided by the Released Parties. I expressly agree to User Agreement as it now exists and may hereinafter be modified in accordance with the terms thereof.

Acceptance. By my signing of this Agreement, and by use of my Indy Pass, I represent that I HAVE CAREFULLY READ THIS AGREEMENT, THE TERMS AND CONDITIONS LINKED ABOVE, UNDERSTAND THEIR CONTENTS, AND SIGN WITH FULL KNOWLEDGE OF THEIR SIGNIFICANCE. BY SIGNING ON BEHALF OF A MINOR, I warrant that I HAVE THE AUTHORITY AND EXPRESS CONSENT TO SIGN THIS AGREEMENT ON MY OWN BEHALF AND ON BEHALF OF AND OTHER PARTY FOR WHOM I AM SIGNING. I acknowledge that the pass holder, whether myself or a minor, shall be bound by all the terms of this Agreement and all other Terms and Conditions of The Indy Pass and all Released Parties.