SPORT PARTICIPANT RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Please read and be certain you understand the implications of signing.
Express Assumption of Risk Associated with Sport, Venue Use and Related
Activities.
I do hereby affirm and acknowledge that I have been fully informed of the
inherent hazards and risks associated with KITTYHAWK SKI & BOARD CLUB
activities, transportation of equipment related to the activities, and
traveling to and from activity sites in which I am about to engage.
Inherent hazards and risks include but are not limited to:
1. Risk of injury from the activity and equipment utilized is significant
including the potential for broken bones, severe injuries to the head,
neck, and back or other bodily injuries that my result in permanent
disability and death.
2. Possible equipment failure and/or malfunction or misuse of my own or
others’ equipment.
3. I AGREE THAT I WILL WEAR APPROVED PROTECTIVE GEAR AS DECREED BY THE
GOVERNING BODY OF THE SPORT I AM PARTICIPATING IN. However, protective gear
cannot guarantee the participant’s safety. I further agree that no helmet
can protect the wearer against all potential head injuries or prevent
injury to the wearer’s face, neck or spinal cord.
4. Variation and/or steepness of terrain, variation or changes in surfaces
including but not limited to snow surfaces, ice, bare spots, rocks, stumps,
debris, cliffs, trees, fences, posts, trees, light poles, signs, buildings,
roads, walkways, ramps, rails, stairs, pyramids, manual pads, bowls,
half-pipes, jumps, padded and nonpadded barriers, other persons, and other
natural and man- made hazards.
5. My own negligence and/or the negligence of others, including but not
limited to operator error and guide decision making including misjudging
terrain, weather, riding surfaces or other obstacles.
6. Exposure to the elements and temperature extremes may result if frost
nip, frost bite, heat exhaustion, heat stroke, sunburn, hypothermia and
dehydration.
7. Dangers associated with exposure to natural elements include but are not
limited to avalanche, rock fall, inclement weather, thunder and lighting,
severe and or varied wind, temperature and other weather conditions.
8. Accidents or illness occurring in remote places where there are no
available medical facilities.
9. Fatigue, exhaustion, chill, and/or dizziness, which may diminish my/our
reaction time and increase the risk of accident.
10. Impact or collision with other athletes, spectators, facility
employees, pedestrians, motor vehicles, and cyclists.
*I understand the description of these risks is not complete and unknown or
unanticipated risks may result in injury, illness, or death.
I acknowledge and agree
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration for being permitted to participate in the above described
activity(ies) and related activities, I hereby agree, acknowledge and
appreciate that:
1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY,
DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED
BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein
referred to as releases: KITTYHAWK SKI & BOARD CLUB.
2. To release the releasees, their officers, directors, employees,
representatives, agents, and volunteers from liability and responsibility
whatsoever and for any claims or causes of action that I, my estate, heirs,
survivors, executors, or assigns may have for personal injury, property
damage, or wrongful death arising from the above activities whether caused
by active or passive negligence of the releasees or otherwise. By executing
this document, I agree to hold the releasees harmless and indemnify them in
conjunction with any injury, disability, death, or loss or damage to person
or property that may occur as a result of my engaging in the above
activities.
3. By entering into this Agreement, I am not relying on any oral or written
representation or statements made by the releasees, other than what is set
forth in this agreement.
4. This agreement shall apply to any and all injury, disability, death, or
loss or damage to person or property occurring at any time after the
execution of this agreement.
This release shall be binding to the fullest extent permitted by law. If
any provision of this release is found to be unenforceable, the remaining
terms shall be enforceable.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, I
FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS
BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
I acknowledge and agree
WAIVER/RELEASE FOR COMMUNICABLE DISEASES INCLUDING COVID-19
Please read and be certain you understand the implications of signing.
Express Assumption of Risk / Waiver of Liability / Indemnification
Agreement.
In consideration of being allowed to participate in KITTYHAWK SKI & BOARD CLUB events and activities, the undersigned acknowledges, appreciates,
and agrees that:
Participation includes possible exposure to and illness from infectious
diseases including but not limited to MRSA, influenza, and COVID-19.
While particular rules and personal discipline may reduce this risk, the
risk of serious illness and death does exist; and,
I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown,
EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and
assume full responsibility for my participation; and,
I willingly agree to comply with the stated and customary terms and
conditions for participation as regards protection against infectious
diseases. If, however, I experience symptoms or observe any hazard
during my presence or participation, I will remove myself from
participation and bring such to the attention of the nearest official
immediately; and,
I, for myself and on behalf of my heirs, assigns, personal
representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS
KITTYHAWK SKI & BOARD CLUB their officers, officials, agents, and/or
employees, other participants, sponsoring agencies, sponsors,
advertisers, and if applicable, owners and lessors of premises used to
conduct events and activities (“RELEASEES”), WITH RESPECT TO ANY AND ALL
ILLNESS, DISABILITY, DEATH, or loss or damage to person or property,
WHETHER ARISING FROM THE NEGLIGENCE OF RELEASEES OR OTHERWISE, to the
fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT,
I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP
SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND
VOLUNTARILY WITHOUT ANY INDUCEMENT
I acknowledge and agree