RELEASE AND WAIVER OF RIGHTS

PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS.

1.          In consideration of being able to use Echo Mountain (as defined below)’s area, facilities, and/or services, I hereby agree to release and hold harmless Echo Mtn Ski and Event Center, LLC d/b/a Echo Mountain and all of its affiliated organizations and companies, and each of their respective insurance carriers, agents, partners, employees, volunteers, representatives, assignees, members, managers, officers, directors, and shareholders (collectively referred to in this Release as “Echo Mountain”) for any and all liability and/or claims for injury or death or damage to property arising in any way from any activity on the premises of Echo Mountain or during an activity run or sponsored by Echo Mountain off the premises.  Reference to activity or activities in this Release include, but are not limited to, skiing; snowboarding; tubing; snow biking; telemark skiing; riding, loading, and unloading the lifts; walking; hiking; and all other activities on Echo Mountain’s premises, or off the premises that are run or sponsored by Echo Mountain. 
2.          I agree to not sue or bring any claim against Echo Mountain on any basis, including but not limited to, claims of negligence, negligence per se, premises liability, wrongful death, or breach of warranty.  I understand that this Release includes a release of all claims even if they involve statutory violations or the negligent action or inactions of Echo Mountain.
3.          I acknowledge that any activities at Echo Mountain involve both known and unknown risks.  The known risks include, but are not limited to:

   falling; equipment failure; improper use of equipment; slipping; natural and manmade hazards; uneven and/or slippery surfaces; collisions with natural objects; collisions with manmade objections; collisions with other people; my condition; surface and subsurface snow conditions; bumps; moguls; jumps; ice; variations in terrain; cliffs; downed timber; stumps; plants and trees; tree wells; forest growth; rocks; debris; marked and unmarked obstacles; lift towers; snowmaking equipment; terrain park features and elements; poor visibility; nighttime activities; events; encounters with snowmobiles, snow-grooming equipment, and/or other motor vehicles; lift loading, unloading, entanglement, riding, and falls from lifts; adverse weather; avalanches; snow immersion; limited access to and/or delay of medical attention; fatigue; exhaustion; dehydration; hypothermia; high elevation; altitude sickness; frostbite; and negligence of others. 

   I understand that the description of risks above is not complete and that the activities may be dangerous and include other risks.  I voluntarily assume all risks of injury and/or death.

4.          I agree that I will be personally liable for and will pay all reasonable attorneys’ fees and costs incurred by Echo Mountain in defending any lawsuits or claims covered by this Release or any activity of mine with Echo Mountain.  I agree that under no circumstances will Echo Mountain ever be responsible for any of my attorneys’ fees. 
5.          I agree to obey all posted signs.  I agree that I will not do any activities that are beyond my abilities.  I acknowledge that I have the physical dexterity, ability, and knowledge to safely load, ride, and unload the lifts.  I agree to visually inspect the area before engaging in any activities.  I agree to wear and use appropriate safety equipment.
6.          I understand and acknowledge that entering or skiing in a “Closed” area is illegal.  Echo Mountain shall have the right to confiscate or revoke the privileges conferred by the pass where, in the sole judgment of the Echo Mountain’s representative, I (a) act in any manner that endangers or may endanger my safety or the safety of any other person; (b) violates the law; (c) provide ski lessons or related services for compensation without express authorization; or (d) engage in misconduct or creates a nuisance.  Such acts may also be prosecuted as a criminal offense.  The pass is NOT TRANSFERABLE and CANNOT BE RESOLD.  The pass may be confiscated with no re-issue, if in the sole judgment of a representative of the ski area operator; it is used in a fraudulent manner.  Re-issued passes may be subject to a replacement fee.  I acknowledge my affirmative duty to immediately notify Echo Mountain if my pass is lost or stolen.
7.          I authorize Echo Mountain to call for medical care and/or transport me if in the opinion of its personnel such care is needed, and I will pay all costs associated with medical care and related transport, and release, defend, and indemnify Echo Mountain for any costs incurred from such medical care and transport, and any claims regarding medical care and/or transport (including claims regarding failure to provide medical care and/or transport).
8.          I agree that this Release covers all activities and each and every time I am at Echo Mountain or doing any activity run or sponsored by Echo Mountain, without requiring me to sign another form for each new day or activity.
9.        I agree to fully defend, indemnify, and hold harmless Echo Mountain from any lawsuits or claims brought by any third persons that involved, in any manner, my actions or inactions.
   
10.        By signing this, I represent that I am at least 18 years of age, or, that my parent or legal guardian is also signing this document along with me.  If I am signing as the parent or legal guardian, I represent that I am the legal parent or legal guardian of the minor participant.
11.        If I am signing as the parent or guardian, I agree that I am signing this on behalf of the minor.  I further agree that both I and the minor are bound by all the terms of this Release, and both I and the minor are considered “I” in all the clauses of this Release.
12.        I agree that any and all claims for injury or death against Echo Mountain or related to this Release in any way shall be governed by Colorado law, and the exclusive jurisdiction of any such claim shall be in Clear Creek County District or County Court, or the Federal Court for the State of Colorado.
13.        This Release is binding to the fullest extent permitted by law.  If any provision of this Release is found to be unenforceable, the remaining terms shall remain enforceable.  I agree that this Release shall be binding upon my assignees, subrogors, heirs, next of kin, executors, and personal representatives.  And, I agree that they cannot bring any claim or action against Echo Mountain, and in such circumstances they are also considered “I” in all the clauses of this Release.
14.        Refund & Cancellation Policy: I have read and fully understand the terms of Echo Mountain's Reschedule & Cancellation Policy. I confirm that I voluntarily agree to the terms of the Reschedule & Cancellation Policy, and I voluntarily participate in the activities.
15.        Photo / Video Release: I understand that as a visitor at Echo Mountain, I may be recorded on film, video or other electronic recording media.  I consent to such recording and to the use by Echo Mountain of any recorded images or other media recordings of my name and likeness obtained while I am participating in the activities (“A-V Recordings”), without compensation to me, for any purpose related to furtherance of the objectives of Echo Mountain, including, but not limited to, use in Echo Mountain media properties such as its emails, social media, and websites.
16.        I have read and fully understand the terms of this Release and certify that all personal information is correct.  I confirm that I voluntarily agree to the terms of this Release and I voluntarily agree to participate in the activities.