Lakeland Ski Touring Foundation
Minocqua Winter Park Trail Fund
Minocqua Winter Park
(collectively and individually known hereafter as MWP)
Full Release From Liability and Indemnity Agreement
For Snow Tubing
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITIY AND WAVIER OF CERTAIN LEGAL RIGHTS
I understand and EXPRESSLY AGREE to the fact that TUBING and related activities are EXTREMELY HAZARDOUS including, without limitation, the risks of PERSONAL INJURY AND/OR DEATH or property damage which could occur from this activity and the risks of loading and unloading the lift. Uneven terrain, collisions with natural, man-made and other objects or persons, and all of the other risks included in participation in outdoor activities in a mountain environment. I realize that the tube used to ride the tubing terrain provides NO DIRECTIONAL CONTROL and NO BREAKING OR STOPPING DEVICE. I understand that such an activity includes HAZARDS AND RISKS, that the tube is solely a user controlled device, that the TUBE MAY TIP OVER OR MAY LEAVE THE TUBING CHUTE, that HIGH SPEEDS may be reached, that injuries do occur and that by my signature below, I VOLUNTARILY ASSUME ALL RISKS of any INJURY OR DEATH RESULTING FROM MY PARTICIPATION IN THIS ACTIVITY AND AGREE TO FOLLOW ALL POSTED AND VERBAL INSTRUCTIONS. I also agree to remain alert and to act in a careful and prudent manner at all times to safeguard myself and others as much as possible.
I understand and agree that INJURIES ARE A COMMON AND ORDINARY OCCURANCE OF THIS ACTIVITY. I have a VOLUNTARY CHOICE to participate in TUBING and related activities myself or allow my child(ren) to do so despite the risks presented. In consideration of MWP making TUBING and related activities available to me and/or my child(ren), I EXPRESSLY AGREE that I freely accept and voluntarily assume ALL RISK OF PERSONAL INJURY OR DEATH or property damage for myself and my child(ren) and FULLY RELEASE MWP and its agents, employees, directors, officers and volunteers FROM ANY AND ALL LIABILITY for personal injury, death or property damage which results IN ANY WAY from me or my child(ren)’s participation in this ACTIVITY, including and caused by MWP’S OWN NEGLIGENCE, conditions on or about the premise or facilities or the operations of the ski area including, but not limited to grooming, snow making, lift operations while loading or unloading tubers, skiers or any activities related to TUBING and ACCEPT MYSELF THE FULL RESPONSIBILITY FOR ANY AND ALL such damages or injury of any kind which may result TO ME OR CHILD(REN).
In addition, the undersigned parent/guardian signing below represents to MWP that they have the authority to enter into this contract on behalf of said MINOR(S) and on behalf of any parent or guardian of said MINOR(S) and AGREES TO DEFEND AND INDEMNIFY and hold harmless MWP from any and all claims arising from this contract brought on behalf of said minor(s) or any other parent/guardian thereon even if caused by NEGLIGENCE and even after the minor(s) has attained majority, or from third parties injured by the minor(s), and hold MWP, its representatives, agents, affiliates, officers, directors; servants and employees harmless from any such claim, legal action, harm, injury, damages, or loss to person and/or property.
I, the undersigned, HAVE READ AND UNDERSTAND, the terms of the above Full Release from Liabiltiy and Indemnity Agreement and I am signing it freely and of my own accord, realizing IT IS BINDING upon me, my heirs, assigns and in the event I am signing it on behalf of ANY MINOR(S), that I have FULL AUTHORITY TO DO SO REALIZING ITS BINDING EFFECT ON THEM as well as me.
If any part of the agreement is deemed unenforceable, the remainer shall be an enforceable contract between the parties. I AM AWARE THAT THIS CONTRACT IS LEGALLY BINDING AND THAT BY SIGNING BELOW I AM RELEASING MY LEGAL RIGHTS AS WELL AS THOSE OF ANY MINOR FOR WHOM I AM SIGNING.