KAHTOOLA INC. – EVENT, PHOTO, AND VIDEO WAIVER
WARNING, ASSUMPTION OF RISK, FULL RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT
1. The person who is participating in the Kahtoola Uphill Race or any event related training or activity shall be referred to
hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it
means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. The
Undersigned agree and understand that participating in the KAHTOOLA UPHILL RACE or any EVENT RELATED
TRAINING or ACTIVITY, SKIING (on any type of device to slide on snow or ice), SKINNING, SNOWBOARDING, UPHILL or DOWNHILL HIKING or RUNNING (including use of any device for added traction), and USING SKI AREA FACILITIES, including the LIFTS or the Base Area, for any purpose, including the ADDED RISK of NIGHT participation and participating in ALL OTHER Recreational activities available during the event or related to the event, (hereinafter all named and unnamed referred to jointly as “ACTIVITY”) can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH.
(a) The Undersigned represent and warrant that they are physically fit and have no medical condition, impairment
or disability that might prevent full participation in the ACTIVITY. The Undersigned understand that it is their responsibility to consult with a health care provider prior to and regarding participation in any fitness event.
2. The Undersigned are advised that a person using any of the facilities of the ski area is considered a skier. The
Undersigned acknowledge and understand the dangers and risks of skiing and understand that the Participant, as a
“skier” under Arizona law, a skier expressly accepts the total risk of and all legal responsibility for injury to person or
property resulting from any of the INHERENT DANGERS and RISKS OF SKIING according to A.R.S. § 5-701 et seq.
3. The Undersigned recognize that FALLS AND COLLISIONS occur and INJURIES are a common and ordinary
occurrence of the ACTIVITY. RECOGNIZING THESE RISKS, the Undersigned VOLUNTARILY CHOOSES TO TAKE
PART IN THE ACTIVITY. Additionally, because of the related risks, the Undersigned AGREES they are RESPONSIBLE for obtaining life, accident and health INSURANCE BEFORE THEY or any MINOR PARTICIPATE in the ACTIVITY.
4. The Undersigned further understand and agree that in signing this Agreement, the Undersigned are expressly
acknowledging and assuming additional risks and dangers that may result in property damage, physical injury and/or
death above and beyond those outlined in the Act, including but not limited to: Falling; drills; exercises; free skiing; following the direction of race officials; avalanches; cornices; suffocation; crevasses; equipment failure; equipment malfunction; equipment damage; improper use of equipment; use of his/her own personal equipment; failure to maintain or otherwise upkeep his/her own personal equipment; slick or uneven surfaces; slipping; tripping; loss of balance; rugged mountainous terrain; bumps; tree wells; downed timber; rocks of various sizes; holes; debris; marked and unmarked obstacles; drones or other mobile or aerial viewing or video equipment which may be encountered at any time; drainage channels; varying visibility; unmaintained trails; path and/or trail obstructions; unmarked roads and/or trails; Participant or another acting in a negligent manner that may cause and/or contribute to injury to Participant or others, such as selecting terrain that exceeds his/her ability and not acting within such ability; Participant’s failure to comply with signage; collisions with natural or man-made objects or collisions with other people; falling objects; encounters with snowmobiles and/or other motor vehicles; becoming lost or separated; lack of shelter; storms, lightning, hail, snow and other adverse weather; limited access to and/or delay of medical attention; Participant’s health condition; strenuous activity; fatigue; exhaustion; dehydration; hypothermia; high elevation; altitude sickness; frostbite; & mental distress from exposure to any of the above.
5. Undersigned AGREES it is my SOLE RESPONSIBILITY to view the venues of this event BEFORE participating and to not participate or allow any MINOR to participate, if the venues of this event or adjacent areas or conditions are not to my satisfaction and I AGREE as follows: I ACKNOWLEDGE UNDERSTAND AND AGREE that participating in strenuous activity, Nordic skiing, uphill skinning, running or hiking and related activities, including training and competition, are EXTREMELY HAZARDOUS activities that have many dangers and risks, even more dangers and risks than are involved in alpine skiing, and may result in INJURY or DEATH to Undersigned, and that I have made a voluntary choice to participate or to allow my Minor to participate in the Activity DESPITE THE EXTREME RISKS that it presents, that include collisions and falls as a high probability, that any netting, fencing or other devices erected are designed ONLY TO PROTECT SPECTATORS and are NOT DESIGNED TO PROTECT PARTICIPANTS, that it is possible that the Undersigned might leave the course, collide with other persons or structures on or off the course or lose control and fall on the course, etc. I understand and acknowledge that this list is NOT COMPLETE OR EXHAUSTIVE and that other risks, known or unknown, identified or unidentified, may also result in injury, death, illness, or damage to property.
6. Undersigned assumes the responsibility of maintaining CONTROL at all times while engaging in the Activity.
Undersigned is responsible for reading, understanding and complying with all signage. The Undersigned are advised that
snowmobiles, snowmaking, and snow-grooming equipment may be ENCOUNTERED AT ANY TIME, and the
Undersigned recognize that FALLS AND COLLISIONS occur and INJURIES are a common and ordinary occurrence of
7. The Undersigned acknowledge and understand that the description of the RISKS LISTED ABOVE ARE NOT
COMPLETE and that participating in the ACTIVITY, whether or not described, may be DANGEROUS and may also
include risks which are inherent and/or which CANNOT BE REASONABLY AVOIDED without changing the nature of the ACTIVITY. By signing this document, the Undersigned recognize and AGREE that property loss, injury, serious injury and death are all possible while participating in the ACTIVITY. RECOGNIZING THE RISKS AND DANGERS, the Undersigned UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR Participant TO PARTICIPATEAND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.
8. In consideration of allowing Participant to participate in the ACTIVITY the Undersigned agree to ASSUME ALL RISKS associated with the Undersigned’s participation in the ACTIVITY. Additionally, the Undersigned hereby agree to FULLY RELEASE, DEFEND AND INDEMNIFY Kahtoola Inc., W. L. Gore & Associates, Lumberyard Brewing Company, Flagstaff Subaru, Friends of Camp Colton, the United States Forest Service, their affiliated organizations and companies, the United States, its agencies, and all of their respective insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each and all hereinafter jointly and individually “RELEASED PARTY”) from ANY AND ALL LIABILITIES and/or claims for INJURY OR DEATH to persons or damage to property arising from Participant’ sengagement in the ACTIVITY, INCLUDING THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED ORACTUAL NEGLIGENCE, BREACH OF CONTRACT OR STATUTE OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY.
9. By signing this agreement, the Undersigned AGREE NOT TO SUE any RELEASED PARTY and agree they are
releasing any right to make a claim or file a lawsuit against any RELEASED PARTY. The Undersigned further AGREE TODEFEND AND INDEMNIFY each RELEASED PARTY for any and all claims of the Undersigned and/or a THIRD PARTY arising in whole or in part from the Undersigned’s participation in the ACTIVITY and AGREE TO PAY all costs and attorney’s fees incurred by any RELEASED PARTY in defending a claim or suit related in any way to Undersigned’s
participation in the Activity or misrepresentations as to Undersigned’s identity or authority in relation to this Agreement.
10. In consideration of using the Pass to access ski area facilities and participating in the ACTIVITY, the Undersigned
agree that ANY AND ALL CLAIMS for injury and/or death arising from this Pass, use of the Pass or participation in the
ACTIVITY shall be GOVERNED BY THE LAWS OF THE STATE IN WHICH THE PARTICIPANT IS USING THE PASS at the time any injury, death or other claim arises and EXCLUSIVE JURISDICTION of any claim or lawsuit shall be in the STATE DISTRICT COURT OF THE COUNTY WHERE the accident, injury, death or other CLAIM OCCURRED.
11. In the case of a MINOR Participant, the Undersigned parent or legal guardian acknowledges that he/she is also
signing this Agreement on behalf of the minor and that the MINOR SHALL BE BOUND by all the terms of this Agreement, including the RELEASE. Additionally, BY SIGNING THIS RELEASE AS THE PARENT OR LEGAL GUARDIAN OF AMINOR Participant, THE PARENT OR LEGAL GUARDIAN UNDERSTANDS THAT HE/SHE IS WAIVING CERTAIN RIGHTS ON BEHALF OF THE MINOR THAT THE MINOR OTHERWISE MAY HAVE. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor Participant would not be permitted to participate in the ACTIVITY. By signing this Agreement without a parent or guardian’s signature, the Participant represents that they are at least 18 years of age, and, if signing as the parent or guardian of a minor Participant, you represent that you are the LEGAL parent or guardian of the minor Participant. 12. The Undersigned gives FULL PERMISSION for KAHTOOLA INC. and FRIENDS OF CAMP COLTON to use ANY AUDIO OR VISUAL MATERIALS of Undersigned or minor taken before, during, and after the ACTIVITY by signing below,
releases the use of any audio or visual materials taken, or on file, and for any uses by KAHTOOLA INC., and FRIENDS
OF CAMP COLTON of Undersigned or the minor for which I am signing. I understand that all said images and sound
recordings shall constitute the property of KAHTOOLA INC. and FRIENDS OF CAMP COLTON solely and completely.
13. The Undersigned understand and acknowledge that this AGREEMENT IS A CONTRACT and shall be binding to the
fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be
an enforceable contract between the parties. It is the Undersigned’s INTENT that this Agreement shall be binding upon
the assignees, family members, heirs, next of kin, executors and personal representatives of the Undersigned.
I/WE HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND
UNDERSTAND ITS CONTENTS. I/WE ARE AWARE THAT I/WE ARE RELEASING CERTAIN LEGAL RIGHTS THAT OTHERWISE MAY EXIST.