Call to Schedule an appointment Mon-Fri. Sat and Sunday at 11 until snow is gone. 208
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Tubing Agreement
STEAMBOAT SNOW TUBNG AGREEMENT
Please read carefully and fully before signing. Contract is a release of liability
and waiver of certan legal rights.
The undersigned being at least 18 years old dr that he/she is younger than 18 years of age is accompanied be a parent or guardian who has read and signed the following release (hereinafter referred to collectively as attest that have read, understood and signed the following release.
I agree and understand that snow tubing and the use of steamboat gulch facilities are hazardous"activities " (hereinafi'er "activities"). I hereby agree to freely and expressly assume and acept any and all risks of injury or death to the participant while participating in the activity. Further, the participant voluntarily elect to participate in the activity. I recongnize that injuries are a common and ordinary occurrence of the activity. I hereby assume all risks which may be associated with and/or the result from the participants involvement in such activities and hereby agree to hold harmless, release, indemnify, defend, and not sue steamboat gulch real estate, llc, seasons cafe management co. ,llc, its subsidiaries and affiliates, donna's place sponsor and it's affiliates, their respective officers, directors, agents, servants and Employees (hereinafter "steamboat gulch"), of and from any liablity, claims, demands, actions and causes of action what so ever arising out of or related to any loss, damage or injury including death, that may be sustained bythe participant while participatng in the activities or using any of the Facilities or property, incuding but not limited to, those injuries and damages caused by negligence, gross negligence, breach of waranty, and/or any other improper conduct, express or implied, on the part of Steamboat Gulch.
WARNING: Snow tubing, including the use of Steamboat Gulch facilities is a dangerous sport with inherent other risks. The risks include but are not limited to: 1. Variations in the steepness, contour and configuration of the runs chutes and run out area and variations in the sliding surface. 2. Fences and/or barriers at or along portions of the area, the absences of such fences and/or barriers and the inability offences and/or barriers to prevent or reduce injury. 3. Changes in the speed at which snow tubes/sleds travel depending on surface conditions, the weight of the snow tubers/sledders and the inter-linking of snow tubes/sleds together to go down the snow tube runs. 4. Slipping and falling on snow, ice or other surfaces in the tubing area and throughout the Steamboat Tubing area. 5. The chance that a patron can fall out, be thrown out or otherwise leave the snow tube/sled. 6. The chance that a snow tube/sled "can go from one run to another run, regardless of whether or not there is a barrier between runs, and the chance that snow tube/sled can go up and over the run hill. 7. Collisions in the run-out area and other locations of the snow tubing facility, collisions happening between snow tubes, collisions between snow tube and other patron(s), collisions between a snow tube and a snow tubing facility attendant, collisions between snow tubing patrons who may not be in or on a snow tube at the time of collision and any other sorts of collisions. 8. Collisions with motor vehicles, Iane barriers, fixed objects, obstacles or structures located within or outside the snow tubing/sledding facilities. l accept for use AS IS the snow tube/sled(s) the participant will be using and accept full responsibility for the care of the snow tube/sled(s) while in my possession.
By execution of this release, Steamboat Gulch shall be indemnify for any injury to other person(s) or property which the participant may cause as a result of engaging in this activity. I contractually agree that any and all disputes between myself and Steamboat Gulch arising from participation in the activity and including any claims for personal injury and/or death, will be governed by the laws of the Commonwealth of Idaho and exclusive justification there of will be in the state court residing in Boise County where the alleged tort occurred in the federal courts of Idaho. In the event any section of this release is found to be unenforceable, the remaining terms shall be fully enforceable. This release shall be binding to the fullest extent permitted by law. The release shall be binding upon assigners, subroger's, distribute'es, heirs, next-of-kin, executors, personal representatives, and administrators and may be plead by Steamboat Gulch as a complete bar defense against any claim,- demand, action or causes of action by or on behalf of the participant.
If the participant is a minor, I agree that l am signing as a parent or legal guardian who is at least 18 years of age. I further attest that I have read this release to the minor in age appropriate language and the minor understands the implications of this release and contract and agree to the terms and condition set forth herein. I agree to defend and indemnify Steamboat Gulch for any action that is brought by or on behalf of the minor, even if it is alleged that the minor's accident was caused by Steamboat Gulch negligence. I have carefully read the forgoing warning and liability release, understand its contents and Sign it with full knowledge of its significance.
The user of Steamboat Gulch tubing/sledding facility voluntarily assumes the risk of injury while participating in the activity, if you do not agree to assume the risk, please do not us Steamboat Gulch facilities.
I have carefully read the foregoing liability release, understood its contents and sign it with full knowledge of its significance.
Participant name: _________________________ Signature:________________________Date:________________
Children's names: _____________________________________________________________________