CROSSCUT NOTIFICATION OF RISK and WAIVER

Crosscut Mountain Sports Center, Inc. (“Crosscut”) is a 501(c)(3) non-profit corporation operating

various sports, events, and activities including, but not limited to, mountain biking, trail running,

outdoor education, and hiking (hereafter "Mountain Sports"). In consideration of being allowed to

participate in Mountain Sports offered by Crosscut, I state and acknowledge as follows:

Acknowledgment of Inherent Dangers and Risks of Mountain Sports. I voluntarily request the right

to participate in Mountain Sports and understand and acknowledge the “inherent dangers and risks”

of Mountain Sports that are part of Mountain Sports and cannot be eliminated, including, without

limitation: (a) changing weather conditions; (b) trail conditions as they exist or as they may change,

including rocks, water, stumps, forest debris, trees and tree roots, logs, sand, ruts, ice, snow, and mud;

(c) collisions with natural surface or subsurface conditions, such as forest growth, rocks, stumps,

streambeds, cliffs, trees, and other natural objects; (d) collisions with signs, posts, fences, enclosures,

hydrants, water pipes, or other artificial structures and their components; (e) variations in steepness or

terrain, whether natural or the result of slope design, erosion, trail obstacles or features, or trail

building operations, including but not limited to roads and other terrain modifications; (f) collisions

with clearly visible or plainly marked equipment, including but not limited to trail maintenance

equipment, whether or not the equipment is moving; (g) collisions with other trail users or wildlife; (h)

the failure of a trail user to recreate within that trail user's abilities; (i) traveling in a closed area or

traveling outside the trail area boundary as designated either on the area trail map or by signage; (j)

restricted visibility caused by snow, wind, fog, sun, rain, or darkness, (k) all matters associated with trail

building or maintenance, including, but not limited to, equipment or tool use and falling or thrown

debris; (l) falling, slipping, sliding, or tripping from steep, inconsistent, slippery, or wet trails; (m)

unmarked trails; (n) falling objects including trees and rocks; (o) adverse weather conditions including

wind, snow, rain, ice, hail, lightning, and extreme temperatures; (p) malfunction of equipment; (q)

catching clothing or body parts in moving equipment; (r) injury while getting on and off of platforms,

or in and out of vehicles; (s) animal dangers including being bitten, trampled, mauled, or stung; (t)

disorientation dangers including falling or getting lost; (u) physical exertion, stress, or emotional

trauma; (v) remote location dangers including distance from and inaccessibility to immediate medical

assistance; (w) equipment failure; and (x) personal and/or property injury as well as death and paralysis.

I am also aware that exceeding or failing to recognize the limits of my abilities will exacerbate these

inherent risks. I accept all legal responsibility for injury or damage of any kind to the extent that the

injury or damage results from inherent dangers and risks of Mountain Sports.

Assumption of the Inherent Dangers and Risks of Mountain Sports. Even with such understanding

and appreciation of the inherent dangers and risks of Mountain Sports, I still desire to participate

and/or have my minor children participate in Mountain Sports, and I do fully and irrevocably release

and forever discharge Crosscut, its officers, directors, employees, agents, members, and owners from

all legal claims, demands, actions, losses, and legal liability of any kind resulting from such activities. I

hereby personally assume all risks which may be associated with Mountain Sports.

Duty of Participant. I agree that I have a duty to participate in Mountain Sports at all times in a

manner that avoids injury to myself and others and to be aware of the inherent dangers and risks of

Mountain Sports. I agree that I shall: (a) know the range of my ability and act within the limits of that

ability and my equipment so as to negotiate any section of terrain and trail safely and without injury or

damage; (b) have the knowledge and ability to safely use my equipment; (c) know that my and other’s

ability may vary because of trail slope and trail changes caused by weather, grooming changes, or trail

user use; (d) maintain control of speed and course and be able to stop so as to prevent injury to myself

and others; (e) if mountain biking, abide by the requirements of the mountain bike responsibility code;

(f) obey all posted signs or other warnings and instructions; (g) read the trail map and be aware of its

contents; (h) always show courtesy to others and be aware that there are elements of risk in mountain

and trail recreation that common sense and personal awareness can help reduce; (i) not stop where I

obstruct a trail or am not visible from above; (j) whenever starting downhill or merging into a trail, look

uphill and yield to others; (k) keep off closed trails and out of closed areas; (l) if mountain biking, walk

the bike when the trail becomes too steep or difficult to safely ride with my skill level; and (m) take

reasonable safety precautions such as appropriate protective equipment, traveling with a companion,

letting others know my travel plan and return time, and carrying extra water, food, clothing, animal

repellant, a map, and a cell phone. I acknowledge that the above actions will not guarantee my safety

or eliminate the inherent dangers and risks of Mountain Sports.

Model Release. I grant permission to Crosscut to use my and/or my child(ren’s) image(s) for purpose

of publicity, public relations, editorial, or other advertising purposes.

Forum Selection. I agree that any claim or suit against Crosscut shall be filed in Eighteenth Judicial

District Court, Gallatin County, Montana or a Federal Court in the state of Montana and no other

jurisdiction, and shall be governed by the laws of the State of Montana.

Severability. I agree that if any portion of this Agreement is determined to be unenforceable, all other

parts of this Agreement shall remain in full force and effect.

Parental Indemnification. As a parent/guardian signing this Agreement for a minor, I have read this

Agreement and agree with its contents. I agree to indemnify and hold harmless Crosscut for any claim

or suit, including legal fees and expenses, settlements or awards, related to my minor child’s presence

on Crosscut premises.

Electronic Consent. If I am agreeing to the terms of this Agreement over an electronic device such as

a computer, tablet, or phone, then I agree to conduct this transaction electronically.

By signing this document you may be waiving your legal right to a jury trial to hold the provider

legally responsible for any injuries or damages resulting from risks inherent in the sport or

recreational opportunity or for any injuries or damages you may suffer due to the provider's

ordinary negligence that are the result of the provider's failure to exercise reasonable care.

I understand and acknowledge that (i) this is a legal and binding contract, (ii) I have read and fully

understand the risks, terms, and releases contained herein, and (iii) I am signing this Agreement of my

own free will and accord. If I am signing on the behalf of a minor, I verify that I am the parent or

guardian of the minor and have the authority to enter this agreement for the minor.