Auburn Ski Club Associates, Inc. -- Auburn Ski Club, Inc. -- Auburn Ski Club Training Center
WAIVER, 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 (ASCTC) and associated Winter sports programs (collectively, the
“Auburn Ski Club Facilities and Programs” or simply the “Programs”), 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 Training Center and the real property upon which many of the Programs (described below) are offered, and the
Auburn Ski Club Associates, Inc., a California nonprofit public benefit corporation (the “Associates”) which sponsors the programs,
activities, and events that take place at the Training Center and on the lands owned by the Auburn Ski Club 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 Auburn Ski Club Facilities 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 ASC or the Associates in
their respective Programs, is permissive only and is subject to the terms of this Agreement.
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, Associates, Boreal Ridge Corporation, Boreal Ridge Corporation DBA Woodward Tahoe; Powdr. Corp.; Powdr-Woodward PA LLC,
United States Ski Association; Far West Skiing Alpine; Far West Nordic Ski Education Association; United States Department of
Agriculture, 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
winter sports programs, events and related activities of ASCTC and Associates have opportunities to engage in, but not limited to, one or
more of the following sports activities (collectively, the “Sports Activities”): Nordic skiing, Alpine skiing, Snowboarding, Freestyle skiing,
Biathlon skiing and Shooting, Orienteering, ski jumping, ski racing, terrain park activities, performing maneuvers (inverted or otherwise),
other related events and activities hosted by Associates, and/or 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 Associates or others
utilizing the Training Center are conducted on properties and utilizing equipment and facilities provided by ASC and several of the other
Released Parties who own, manage, lease, or operate the other facilities listed in this Agreement.
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 and 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 cross-country 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, 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 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.
The aforementioned risks, alone and in combination with my/our actions, the actions of other skiers/riders, or actions of my/our minor
child(ren) can cause SEVERE INJURY or possibly even FATAL INJURY to myself, my/our child(ren) or to others. I/We acknowledge that
I/we, or my/our minor child(ren), as participants or users of the ASCTC facilities, Associates programs including the properties and
facilities owned or operated by other Released Parties, understand and assume and accept these risks and hazards whether known or
unknown. I further understand that I may be involved in or my child might be participating in training and competitions at other ski
areas as a member of the Associates.