2018/2019 Equipment Rental and Release of Liability Agreement
I understand that the equipment I am renting is designed for all mountain recreational skiing. Use in terrain parks and on terrain features can cause extreme stress on equipment which may result in damage. I understand that I shall be held liable for any damage that occurs from terrain park/feature use.Your deposit will be refunded by check within 7-10 business day of returning your equipmentunless damage has occurred.
All equipment must be returned to Wild Mountain Rental Shop by April 7, 2019. Any equipment not returned by this date will be subject to a $5 per day late fee.
***After equipment has been returned it will be inspected by a manager to determine condition and eligibility for deposit refund. A refund CHECK will be issued and mailed to the address provided within 7-10 business days of equipment return.***
Please read carefully, this is a Release of Liability & Waiver of Legal Rights
- As a condition of being allowed to rent equipment and/or being allowed to use the area facilities and premises at Wild MTN , I AGREE TO RELEASE Wild Mountain Ski & Snowboard, and its agents, employees, directors, officers and shareholders (hereinafter collectively referred to as "Wild MTN", from any and all liability for personal injury, death, or property damage which results in any way from my participation in the sports of skiing, snowboarding, ski boarding, snowshoeing, and other sports (collectively “RECREATIONAL SNOW SPORTS”) for which the equipment is provided, or which is related in any way to the use of the equipment provided, negligence of Wild MTN, conditions of the premises, or the operations, actions or omissions of employees or agents of Wild MTN. This Release applies to all claims resulting from anything that happens after the execution of this agreement.
- As a further condition of being allowed to rent equipment and/or being allowed to use the area facilities and premises at Wild MTN, I also agree to release and give up any and all claims and rights that I may now have against Wild MTN. This releases all claims, including those of which I am not aware and those not mentioned in this release. This release applies to all claims resulting from anything which has happened up to now.
- To the extent I am signing on behalf of a minor, I hereby release Wild MTN from any and all liability for personal injury, death, or property damage sustained by said minor which results in any way from the use of the equipment provided, negligence of Wild MTN, conditions of the premises and facilities, the operations, actions or omissions of employees or agents of Wild MTN, or the minor’s participation in RECREATIONAL SNOW SPORTS, accepting myself the full responsibility for any and all such damage or injury of any kind which may result.
- I further agree to defend, indemnify and hold harmless Wild MTN from any and all claims, demands, losses, damages and liabilities, contribution or otherwise with respect to personal injury, death or property damage which results in any way from my, or a minor's on whose behalf I signed, participation in RECREATIONAL SNOW SPORTS or use of the equipment provided. I promise not to sue Wild MTN and further agree that if anyone is physically injured or property is damaged while I am engaged in any activity at Wild MTN I will have no right to make a claim or file a lawsuit against Wild MTN. I agree to defend and indemnify Wild MTN for any and all claims, including subrogation and/or derivative claims brought by any third party or insurer, which I may cause.
- I accept for use AS IS the equipment listed on this form, and accept full financial responsibility for the care of the equipment while it is in my possession. I will be responsible for the replacement at full value of any equipment rented under this form, but not returned to the rental facility. I agree to return all rental equipment by the agreed date.
- I understand that the binding system cannot guarantee the user’s safety. In downhill skiing, the binding system will not release at all times or under all circumstances where release may prevent injury or death, nor is it possible to predict every situation in which it will release. In snowboarding, cross-country skiing, ski boarding, snowshoeing and other sports utilizing equipment with non-release bindings, the binding system will not ordinarily release during use; these bindings are not designed to release as a result of forces generated during ordinary operation.
- I understand that a helmet designed for RECREATIONAL SNOW SPORTS use will help reduce the risk of some types of injuries to the user at slower speeds. I recognize that serious injury or death can result from both low and high energy impacts, even when a helmet is worn.
- I understand that injuries are a common and ordinary occurrence in RECREATIONAL SNOW SPORTS and that severe injury, including death, is an inherent risk. I expressly assume all risks associated with RECREATIONAL SNOW SPORTS, or which relate in any way to the use of this equipment. I agree to follow, and be bound by, Your Responsibility Code promulgated by the National Ski Areas Association and posted at this ski area.
- In accordance with Minnesota law, nothing in this Release of Liability should be construed as releasing, discharging or waiving any claims I may have for conduct that constitutes greater than ordinary negligence on the part of Wild MTN, or its owners, officers, shareholders, agents or employees.
- This Release of Liability is governed by the Laws of the State of Minnesota and is intended to be interpreted as broadly as possible. If any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect.
I HAVE CAREFULLY READ THIS EQUIPMENT RENTAL & LIABILITY RELEASE AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.
Parent/Guardian: If the equipment user is a minor, I verify that I have the authority to enter into this agreement on behalf of the minor and I agree to be bound by all terms and conditions of this agreement.