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Auburn Ski Club, Inc. -- Auburn Ski Club Training Center
WAIVER OF LIABILITY, RELEASE AND ASSUMPTION OF RISK

THE FACILITIES AND PROGRAMS THAT ARE SUBJECT TO THIS AGREEMENT: I/We, the undersigned, and/or parent or legal
guardian of a minor, desiring to utilize the Auburn Ski Club Training Center Facilities and associated Winter sports programs (collectively,
the "ASC Training Center and Programs" or simply the "ASCTC"), have hereby voluntarily executed this Waiver, Release of Liability and
Assumption of Risk form for the benefit of the Auburn Ski Club, Inc., a California nonprofit public benefit corporation (the "ASC") which
owns the ASC Training Center and the real property upon which many of the Programs (described below), including lands owned by the
ASC and on the adjacent Boreal Ski Resort properties which are operated by the Boreal Ridge Corporation, a California corporation doing
business as the "Boreal Mountain Resort", together with the other "Released Parties" as defined below, are the intended beneficiaries of this
Waiver, Release of Liability and Assumption of Risk Agreement (the "Agreement"). The Programs that are covered by this Agreement are
described under the heading "Description of Covered Sports Activities and Facilities" below.
The undersigned participant in the ASCTC and Programs, or the undersigned parent or legal guardian of a Program participant,
acknowledges that the use by myself (each undersigned adult participant) or by my/our minor child(ren) of the equipment, facilities, or
Programs of any of the Released Parties and other ski areas that are utilized from time to time by ASCTC is permissive only and is subject to
the terms of this Agreement.
By signing below, I/we are indicating acceptance of this WAIVER AND RELEASE OF LIABILITY, and I/we are representing that the
undersigned adult participants or my/our minor child(ren) are in sufficiently good physical condition to participate in the ASCTC programs
and Sports Activities (as defined below) without jeopardizing our/their health and have not been advised otherwise by a qualified medical
person that the undersigned adult participant or my/our minor child(ren) cannot participate in the ASCTC programs and Sports Activities.
RELEASED PARTIES: This Agreement and the waivers, releases and assumption of risks set forth below are for the benefit of each and
every of the following parties (who are collectively referred to as the "Released Parties" and each individually as a "Released Party"): The
ASC, Auburn Ski Club Associates; Boreal Ridge Corporation, Woodward Tahoe; Powdr. Corp.; Powdr-Woodward PA LLC, United States
Ski and Snowboard; Far West Skiing; Far West Nordic Ski Education Association; United States Department of Agriculture, the Town of
Truckee, the Truckee Chamber of Commerce, Tahoe Mountain Sports, the Town of Auburn, CA, the Auburn Chamber of Commerce, the
Gold Country Fairgrounds & Event Center, Forest Service; other ski resorts including but not limited to Squaw Valley/Alpine Meadows,
Sugar Bowl, Royal Gorge, Tahoe Donner Cross Country and Tahoe XC any of their parent companies, subsidiaries, and all sponsors and the
agents, agencies, affiliates, members, officers, competition officials, volunteers, directors and employees of all the organizations that are
identified in this Paragraph as "Released Parties".
DESCRIPTION OF COVERED SPORTS ACTIVITIES AND FACILITIES: The undersigned and other persons who elect to participate in
the sports programs, events and related activities of ASCTC have opportunities to engage in, but not limited to, one or more of the
following sports activities (collectively, the "Sports Activities"): Nordic skiing on groomed cross-country trails operated by ASCTC, Alpine
Skiing, Snowboarding, Freestyle skiing, Biathlon skiing shooting firearm and ammunition use, Orienteering, ski jumping, ski racing, terrain
park activities, performing maneuvers (inverted or otherwise), other related events and activities hosted by ASCTC including other entities,
without limitation, weight training, off-snow and off-season physical fitness conditioning, trail running and hiking, roller skiing, cycling,
fitness testing and the discharge of firearms in connection with biathlon programs and the use of the Training Center facilities for non-ski
activities year-round in either competitive or non-competitive contexts. This Agreement and its waivers, releases and assumptions of
liability are also intended to cover and apply to any injuries or death to the undersigned and or the undersigned's minor child(ren) that
might result from merely being a spectator or observer of a Sports Activity. Participation in the programs, activities or events offered by the
ASCTC or others (including instruction and supervision of participants) utilizing the Training Center are conducted on properties and
utilizing equipment and facilities provided by ASCTC and several of the other Released Parties who own, manage, lease, or operate the
other facilities listed in this Agreement. I understand that I, or my child might be participating in, training and competitions at other ski
areas as a member of ASCTC.
RISK FACTORS RELATED TO THE SPORTS ACTIVITIES: I/We acknowledge that each of the Sports Activities enumerated in the
preceding paragraph are action sports and related activities which carry a significant risk of personal injury and even death involving either
Program participants or adjacent spectators of Program events and activities. By executing this Agreement, I/We hereby assume those risks,
from all factors, known or unknown to me/us. Without limiting the foregoing, I/we acknowledge that:
POTENTIAL HAZARDS OF PARTICIPATION IN THE SPORTS ACTIVITIES: The Sports Activities are hazardous activities which
could result in a participant or spectator suffering severe or even FATAL physical injuries. I/we have made a voluntary choice to
participate in or to observe those Sports Activities despite knowing the risks. I/We also acknowledge and agree that this Waiver and
Release is intended to extend to and include not only natural and man-made obstacles or hazards, surface and environmental conditions,
and risks inherent in my/our participation and the participation of others in the Sports Activities, including ice, poor visibility, cold or
freezing conditions, conduct, variations in terrain, bare spots, bumps, moguls, forest growth, stumps, rocks and debris, lift towers, fencing,
terrain parks, rails, half-pipes and other obstacles and barriers, as well as the risks of collision with other skiers/riders, the possibility of a
malfunction in ski lift equipment, collision with snowmaking or grooming equipment and snowmobiles, failure of skiers/riders to ski
within their own ability and including buildings and parking lots. I/We have been given an opportunity to visually inspect the crosscountry trails and/or race course, Training Center facilities, and the ski areas owned or operated by the Released Parties.
ASSUMPTION OF RISK: THE UNDERSIGNED ASSUMES ALL RISKS THAT ARISE OUT OF THE USE OF THE EQUIPMENT,
PROPERTIES, PROGRAMS, OR FACILITIES OF THE RELEASED PARTIES, THE RISKS ASSOCIATED WITH MAN-MADE AND
NATURAL CONDITIONS, RISKS ASSOCIATED WITH PARTICIPATION IN THE SPORTS ACTIVITIES, THEMSELVES, THE
ACTS OF OTHERS, OR THE UNAVAILABILITY OF REQUIRED EMERGENCY CARE, AND RISKS THAT ARE MERELY
ASSOCIATED WITH BEING A SPECTATOR OR OBSERVER OF OTHER PERSONS INVOLVED IN THE SPORTS ACTIVITIES,
INCLUDING THOSE RISK FACTORS DESCRIBED ABOVE.
{01022679;2} Auburn Ski Club, Inc. – Auburn Ski Club Training Center, revised 6/11/2021 12:10 PM page 2 of 2
Auburn Ski Club, Inc. – Auburn Ski Club Training Center, Waiver of Liability, Release and Assumption of Risk
WAIVER: Having read and understood the foregoing, on behalf of myself(each undersigned adult participant), and my/our minor
child(ren) (if applicable), I/we hereby waive any and all claims, demands, liabilities and recourse against the Released Parties arising out of
or relating to wrongful death, personal injury or property damage suffered by an undersigned adult participant or the undersigned's
child(ren) from participation in any happening, Sports Activities in any way related to the Programs described above.
WITHOUT LIMITING THE FOREGOING, IT IS MY/OUR INTENTION THAT THIS WAIVER AND RELEASE EXTEND TO AND
INCLUDE CLAIMS, DAMAGES AND LIABILITIES ARISING OUT OF OR RESULTING FROM THE ORDINARY NEGLIGENCE OF
ANY RELEASED PARTY TO THE FULLEST EXTENT ALLOWED BY LAW.
RELEASE OF LIABILITY: I/We understand this is a RELEASE OF LIABILITY that is valid FOREVER, which will prevent me/us, my/our
child(ren), or my/our heirs from filing suit or making any claim for damages in the event of injury or death to an undersigned adult
participant or my/our child(ren). Additionally, in the event I/we file or, my child(ren), or my legal representative files a claim or lawsuit
arising out of participation in Sports Activities in any way related to the Released Parties or the facilities of any of the Released Parties, I/WE
AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES, for any damages, attorneys' fees or other costs
arising out of such a claim or lawsuit.
RELEASE OF CALIFORNIA CIVIL CODE SECTION 1542: I/We are signing this AGREEMENT, WAIVER AND RELEASE with the full
knowledge of California Civil Code Section 1542, which reads: "A general release does not extend to claims which the creditor does not
know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially
affected his or her settlement with the debtor." The provisions of this provision of the California Civil Code are hereby waived, except to
the extent that a waiver is precluded with respect to any claim of gross negligence.
AUTHORIZATION TO USE PHOTOS OR OTHER MEDIA DEPICTING PROGRAM EVENTS AND ACTIVITIES. By participating in
the Programs and Sports Activities that are the subject of this Agreement or using the ASC facilities you are granting permission for the use
of photographs, videotapes (electronic or otherwise including audio) that may be recorded during your and/or your child(ren) participation
by ASCTC staff, club members, and others associated with the ASCTC organization. The resulting media, electronic or otherwise, may be
used for printed publications, promotions, newsletters, press releases, social media and websites managed by ASCTC and participants may
be readily identifiable in these images. It is the policy of the ASCTC that any of the above mentioned media will not be provided to a third
party without your specific permission.
By signing this Agreement, the undersigned hereby declares, under penalty of perjury that he/she is doing so freely and voluntarily on
behalf of myself and/or my minor child. If the undersigned is executing this Release of Liability and Assumption of Risk on behalf of
another person, the undersigned agrees that he or she is acting as the agent for that person and that his or her signature expressly confirms
that the undersigned has permission to sign on the other person's behalf, and that this Agreement shall be binding upon that other person.
MISCELLANEOUS: If printed, this Agreement may be comprised of four or more pages, which the undersigned has read, contains the
entire agreement and understanding between the Released Parties and the undersigned concerning the subject matter of this Agreement
and supersedes all prior agreements, terms, understandings, conditions, representations and warranties, whether written or oral. I/We
agree that if any action is initiated with respect to the enforceability, validity or interpretation of this Agreement that action will be brought
in a Court of competent jurisdiction in the County of Nevada, State of California. Any disputes will be subject to and determined under the
laws of the State of California. If any provision of this Agreement is determined to be invalid, the balance of the Agreement shall remain in
effect and shall be valid and enforceable. This Agreement may be executed with an electronic signature in accordance with California's
Uniform Electronic Transactions Act (Civil Code sections 1633.1-1633.17).
THIS IS A RELEASE OF LIABILITY – DO NOT SIGN THIS DOCUMENT UNLESS YOU AGREE TO BE BOUND BY ITS TERMS

The undersigned parent/legal guardian verifies that I am the parent/guardian of the minor(s) listed below and that I have authority to
enter into this Agreement, Waiver and Release on his/her/their behalf and to be bound by its terms. I further warrant that I have
discussed and explained to the undersigned minor(s) the inherent risks associated with participation in or observing the Sports
Activities. I accept responsibility for all of the minor's/minors' medical expenses incurred in connection with the Sports Activities or
use of ASCTC facilities.
AT LEAST ONE PARENT/LEGAL GUARDIAN MUST READ AND SIGN BELOW FOR PARTICIPANTS UNDER 18 YEARS OF AGE

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You must select one of the available options in order to complete your registration: Elite/Competitive Wave: Start first at 9:40am, this is for any serious runners. Anyone can self select into this wave, however, there are no strollers allowed in this wave. Fun Wave: Families, young kids, strollers, and anyone that wants a few more minutes at the start line should choose this wave. The Fun Wave will start approximately 2 minutes after the Elite Wave.

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