Ski

Please be advised that, under Colorado law, any person using any of the facilities of a ski area is considered a skier. This includes other activities offered including, but not limited to: sledding, skating, tubing, snowmobiling and riding snowbikes and all activities accessible from the lifts (“Activity”). “Holder” means the user of this ticket AND it means the parent/legal guardian purchasing the ticket on behalf of the Holder when the Holder is under the age of 18. Holder agrees that using a ski area, including its lifts, for any purpose can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH. Holder understands that he/she is responsible for having sufficient physical dexterity and knowledge to safely load, ride and unload the lift. Holder understands that he/she has additional duties under Colorado law, including controlling his/her speed and course at all times and maintaining a proper lookout so as to avoid other skiers and obstacles.  Holder recognizes that snowcats, snowmobiles and snowmaking equipment may be encountered at any time.

In consideration and exchange for allowing Holder to use the ski area facilities, Holder agrees to ASSUME ALL RISKS, whether or not described above, known or unknown, inherent or otherwise, associated with the Holder’s participation in the ACTIVITY. Additionally, Holder agrees NOT TO SUE Powderhorn Pacific LLC, the United States, and all of their respective insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “RELEASED PARTY”).  Holder agrees to HOLD HARMLESS AND RELEASE any RELEASED PARTY from ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from Holder’s engagement in the ACTIVITY, including those claims based on any RELEASED PARTY’s alleged or actual NEGLIGENCE or BREACH of any express or implied WARRANTY.

Holder further AGREES TO DEFEND AND INDEMNIFY/REIMBURSE each RELEASED PARTY for ANY AND ALL claims of the Holder and/or a THIRD PARTY arising in whole or in part from the Holder’s participation in the ACTIVITY.  Holder agrees to pay all costs and attorney’s fees incurred by any RELEASED PARTY in defending a claim or suit brought by or on behalf of the Holder.

In the case of a minor Holder, the parent/legal guardian agrees to the terms of this release on behalf of the minor Holder, agrees that THE MINOR HOLDER SHALL BE BOUND BY ALL THE TERMS OF THIS RELEASE, and agrees that but for the foregoing, the minor Holder would not be permitted to participate in the activities accessed through use of this ticket. In consideration and exchange for using the ski area facilities, HOLDER CONTRACTUALLY AGREES that ALL CLAIMS for injury and/or death shall be GOVERNED BY COLORADO LAW and EXCLUSIVE JURISDICTION shall be in the District Court residing where the alleged incident occurred or in Federal Court for the State of Colorado.

Holder agrees to comply with the verbal instructions of ski area personnel and all posted signs.  Holder agrees to remain alert to all hazards and to act in a careful and prudent manner at all times.  Any ski area personnel may revoke this ticket if Holder engages in improper conduct that endangers Holder or others or constitutes fraud or a nuisance.