TIOGA PASS RESORT

Voluntary General Release from Liability, Waiver of Claims,

Assumption of Risks and Indemnity Agreement

By Signing This Document, You Will Waive Certain Legal Rights

Please Read Carefully

Name of Releasor: __________________________________________________________________________________________________

Address: ____________________________________________________________________________________________________________

Date of Birth: ____________________________________________ Today’s Date ________________________________________

THIS AGREEMENT LIMITS OUR LIABILITY. READ IT CAREFULLY.

Tioga Pass Resort, LLC (as defined below in more detail and collectively hereinafter referred to as the “Releasee”) provides accommodations to individuals wishing to engage in Alpine Activities in the backcountry of the Eastern Sierra Nevada. For the purpose of this Agreement, Alpine Activities shall includes, without limitation: alpine skiing, Nordic skiing, telemark skiing, randonee skiing, snowboarding, snow-shoeing, hiking, touring, mountaineering, rock climbing, ice climbing, and all activities, services, and use of facilities either provided by or arranged by the Releasees, including orientation, transportation, and accommodation.

BY EXECUTING THIS AGREEMENT, YOU EXPRESSLY AGREE THAT YOU UNDERSTAND THAT PARTICIPATION IN ALPINE ACTIVITIES IS A RECREATIONAL ACTIVITY THAT INVOLVES AN INHERENT RISK AND DANGER OF INJURY OR DEATH. SUCH RISKS INCLUDE, WITHOUT LIMITATION: CHANGING WEATHER AND SNOW CONDITIONS’ CREVASSES; CORNICES; CLIFFS; TREES; TREE WELLS; TREE STUMPS; FOREST DEAD FALL; CREEKS; ROCKS; ROCKFALL; BOULDERS; HOLES AND DEPRESSIONS ON OR BELOW THE SNOW SURFACE; VARIABLE AND DIFFICULT SNOW CONDITIONS; EFFECTS OF HIGH ALTITUDE; EQUIPMENT FAILURE; ENCOUNTER WITH DOMESTIC AND WILD ANIMALS; IMPACT OR COLLISION WITH OTHERS; BECOMING LOST OR SEPARATED FROM OTHERS; NEGLIGENCE OF OTHER PERSONS; AND NEGLIGENCE OF THE RELEASEES. YOU ALSO EXPRESSLY AGREE THAT YOU UNDERSTAND THAT COMMUNICATION AND MOVEMENT IN ALPINE TERRAIN IS DIFFICULT, AND IN THE EVENT OF ACCIDENT, ILLNESS, OR INJURY, RESCUE AND/OR EVACUATION MAY BE DELAYED OR UNAVAILABLE.

I VOLUNTARILY ELECT TO ACCEPT ALL RISKS AND DANGERS CONNECTED WITH MY USE OF THE RESORT AND MY PARTICIPATION IN ALPINE ACTIVIES. __________________________ (Initial Here)

TO THE FULLEST EXTENT ALLOWED BY LAW, I, ON BEHALF OF MYSELF AND MY HEIRS AND ASSIGNS, HEREBY VOLUNTARILY AGREE TO RELEASE, INDEMNIFY, AND HOLD HARMLESS TIOGA PASS RESORT, LLC, ITS OWNERS, MANAGERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, FROM ANY AND ALL LIABILITY FOR DAMAGE, INJURY OR DEATH TO MYSELF OR TO ANY OTHER PERSON OR PROPERTY WHICH MAY RESULT WHILE USING THE RESORT AND WHILE ENGAGING IN ALPINE ACTIVITIES, AND THAT I WAIVE ANY RIGHT TO PRESENT ANY LEGAL CLAIM OR SUIT AGAINST THESE PERSONS, WHETHER BASED ON NEGLIGENCE, BREACH OF WARRANTY, STRICT PRODUCTS LIABILITY, OR ANY OTHER LEGAL THEORIES.

I HAVE READ THIS DOCUMENT AND UNDERSTAND THAT IT IS A LEGALLY BINDING CONTRACT WHICH SUPERSEDES ANY OTHER AGREEMENT OR REPRESENTATIONS BY OR BETWEEN THE PARTIES AND WHICH IS INTENDED TO PROVIDE A COMPREHENSIVE RELEASE OF LIABILITY, BUT IT IS NOT INTENDED TO ASSERT ANY CLAIMS OR DEFENSES WHICH ARE PROHIBITED BY LAW.

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Printed Name Signature