PAWE – ON SITE AND SPECIAL EVENTS
2024-2025
RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
IMPORTANT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
I, the Undersigned, Individually (or as Parent or Guardian of the Undersigned Minor(s)), hereby state that I am aware that SNOWBOARDING, SKIING, RUNNING, HIKING, FITNESS CLASSES, CAMPFIRES, ICE SKATING, ICE SKATING LESSONS, ARCHERY, ARCHERY TAG, LASER TAG, ADVENTURE COURSE AND ZIP LINE, CLIMBING WALL, ALPINE SLIDE, SWIMMING, FISHING, BOATING, LAWN GAMES, FAMILY ADVENTURE PROGRAMS, CHILDREN’S PROGRAMS, BIKING, INCLUDING MOUNTAIN, CROSS COUNTRY, DOWNHILL, AND FAT TIRE, SNOWSHOEING, ON-HILL SNOWSHOEING AND BIKING, PLAYING DISC GOLF, SCAVENGER HUNTS, RIDING IN RESORT SHUTTLES, LOADING, UNLOADING, AND RIDING THE CHAIRLIFT, LIFT ASSISTED BIKING, AND SPECIAL EVENTS INCLUDING WAGON RIDES, SURREY RIDES, POOL GAMES, CRAZY OLYMPICS, CARNIVAL GAMES, PETTING ZOO, PUMPKIN CARVING, INCLATABLES, INLINE ROLLER SKATING/SKIING, OBSTACLE COURSE, BOUNCE HOUSE, FOURTH OF JULY RUN, BIGGEST LITTLE RACE, TURKEY VULTURE TROT, FAT CHANCE BIKE RACE, PEAK2PEAK KIDS BIKE RACES, PAINTBALL BIATHLON, CARDBOARD CLASSIC, SLUSH CUP, KAYAKS ON THE SNOW, EASTER EGG HUNT, X4 AUTO BUNGEE, PRESENT MANY RISKS, DANGERS and HAZARDS, including, but not limited to: falls, bike rentals, bike riding; bumps, bruises, brain damage, changing weather conditions and/or changes or variations in the terrain which may create challenging conditions, blind spots or areas of reduced visibility; changes or variations in the surface or subsurface, impact or collision with natural or man-made objects, other participants; negligence of other participants and negligence on the part of Crystal Mountain, its employees, owners, officers, representatives, directors, shareholders, agents, and vendors, of which may result in severe and occasionally fatal injury. I am also aware that the RISKS, DANGERS and HAZARDS referred to above exist throughout the Resort area and that many are unmarked.
In consideration of Crystal Mountain allowing me and/or the minor to participate in the activities and use the Crystal Mountain equipment on Crystal Mountain's property, I HEREBY EXPRESSLY ACCEPT RISKS AND DANGERS ASSOCIATED WITH MY AND/OR THE MINOR'S PARTICIPATION IN THE ACTIVITIES AND USE OF THE EQUIPMENT INCLUDING BUT NOT LIMITED TO THE POSSIBILITY OF SERIOUS PERSONAL INJURIES, DEATH AND PROPERTY DAMAGE AND AGREES NOT TO SUE CRYSTAL MOUNTAIN , ITS EMPLOYEES, OWNERS, OFFICERS, REPRESENTATIVES, DIRECTORS, SHAREHOLDERS, AGENTS AND VENDORS.. I understand that I am solely responsible for loss or damages, including death, that I and/or the minor sustains while using the equipment and/or participating in the activities and that by this agreement, I am relieving Crystal Mountain of liability for such loss, damage or death. I hereby waive claims I may hereafter have as a result of injury to my person or property as a result of my and/or the minor's use of Crystal Mountain's equipment, participation in activities and/or in other activities in which I and/or the minor may voluntarily participate.
Crystal Mountain strongly recommends the use of a helmet and protective equipment for participation in biking. I have been advised that this equipment is available for my use at no additional charge.
ADULT/PARENT/GUARDIAN: In further consideration, I do hereby Release, Hold Harmless, Indemnify and Defend, Crystal Mountain and its employees, owners, officers, representatives, directors, shareholders, agents, and vendors (collectively “Providers”) from claims, actions, losses, suits, damages, and allegations, including claims or actions brought by the Minor and claims related to or arising from incidents that occurred prior to, on and/or following the date of this release, including, but not limited to, allegations of negligence, including the negligence of Providers, breach of contract, or breach of statutory or other care and breach of express or implied warranty, whether consisting of personal injury, property damage, or death. I further agree to Indemnify, Hold Harmless and Defend Providers from damage, costs or expenses, including attorney's fees and costs which they may sustain in relation to or arising out of my and/or the minor's participation in the activities.
I consent to and authorize the taking of photographs and/or videos during my and/or the minor's visit to Crystal Mountain. I grant permission to Providers to use said photographs and/or videos in advertising, displays, web sites, and brochures, other forms of electronic or social media, illustrations or publications without notifying me. I hereby waive rights to privacy in the photographs/videos and to compensation related to the use of the photographs and or videos.
I recognize that situations may arise where emergency or emergent medical or dental care may be necessary for me and/or the minor. I authorize Providers to render first aid and to call for medical and/or dental care if, in their opinion, such medical or dental care is needed. I agree to pay for expenses and costs associated with such care and related transportation. I understand this Release and Indemnification Agreement may be binding upon my assignees, subrogors, distributees, heirs, next of kin, executors, personal representatives and administrators and may be pled by Providers as a complete bar and defense against claims, demands, or causes of action by or my behalf. Provisions of this Release and Indemnification Agreement which may prove to be invalid, void or illegal in no way affects, impairs or invalidates other provision hereof, and such other provisions may remain in full force and effect. I acknowledge this activity is taking place in the State of Michigan and I further agree that the laws of the State of Michigan may apply in the construction or application of this Agreement.
I HAVE CAREFULLY READ THE FOREGOING RELEASE OF LIABILITY, INDEMNITY AGREEMENT AND MEDICAL AUTHORIZATION. I UNDERSTAND ITS CONTENTS AND THAT IT IS BINDING DURING THE ENTIRE 2024-2025 SEASON AND MOVING FORWARD. I HAVE THE AUTHORITY TO ENTER INTO IT AND I VOLUNTARILY SIGN IT WITH NO RESERVATIONS AND WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE. I FURTHER AGREE THAT MY ELECTRONIC SIGANTURE CONSTITUTES MY ACCEPTANCE.
Parent, guardian: If participant is a minor, I verify that I am the parent or guardian of the minor and I have authority to enter into this agreement on behalf of the minor and I agree to be bound by the terms of this agreement.