Rokman Games Archery Challenge and Kelly Canyon Resort
Liability and Photo Release Waiver
Note: This form must be read and signed before the participant is allowed to take part in the Rokman Games Archery Challenge (“RGAC”) in any way.
This is an AGREEMENT TO ASSUME ALL RISKS; RELEASE OF LIABILITY/ AGREEMENT NOT TO SUE & INDEMNIFICATION AGREEMENT. Please read this contract carefully before signing. It releases the Kelly Canyon Resort and Rokman Games, LLC, from liability and waives certain rights.
The person who is taking part in the activity shall be referred to hereinafter as “Participant.”
The term “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.
In consideration for my participation in the season pass program or other daily activities at Kelly Canyon Resort, participation in the RGAC and my use of Kelly Canyon Resort, I, the Undersigned, understand, acknowledge, and contractually agree as follows (the Agreement):
1. The risk of injury from the activity and equipment involved in archery is potentially significant, including the potential for permanent disability and death, and while particular safety practices, supervision and personal discipline will minimize this risk, the risk of serious injury does exist;
2. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of those persons released from liability below, and assume full responsibility for my participation; and,
3. I understand that the activities of archery are potentially dangerous. I also understand that the Range Officer is responsible to ensure all participants will comply with all rules and regulations. If I observe any unusual or unnecessary hazard during my participation, I will bring such to the attention of the nearest official as soon as practical; and,
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release and hold harmless Rokman Games, LLC, the owners and lessors of the premises used to conduct the archery activities, their officers, officials, agents and/or employees (“Releases”), with respect to any and all injury, disability, death, or loss or damage to person or property, whether caused by the negligence of the releases or otherwise, except that which is the gross negligence and/or wanton misconduct.
5. I hereby hold harmless and release and forever discharge Rokman Games, LLC, it’s officers, directors, agents, and employees from all claims, demands, and causes of action from any and all liabilities of every nature which may be asserted against them or any of them for any accident, condition, happening, loss, injury, damages, suits, penalties, costs, liability and expenses, or event, that occurs as a result of any participation at any RGAC event or exhibition, which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf of, on behalf of my estate which may have or may have by reason of this authorization.
6. Acknowledgement of Dangers and Risks: The Undersigned understands, acknowledges, and agrees that riding the lifts, participating in the scenic lift rides, hiking, mountain biking, participating in or spectating at special events and races, or participating in other activities at Kelly Canyon Resort and/or using any of the facilities at Kelly Canyon Resort, including but not limited to use of the lifts, trails, and equipment for recreational activities (hereinafter the “Activity” or “Activities”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH. Undersigned agrees that the following dangers or risks are inherent to the Activities, but that the following list is not exhaustive, and that there may be other dangers or risks that are inherent to the Activities not listed below: variations in terrain; existing, changing, or otherwise dangerous terrain; slick or uneven walking surfaces; storms, lightning, hail, snow, fog, changing weather, and other adverse weather conditions; difficulty with route finding; high altitude; loading, riding, and unloading ski lifts, mechanical and equipment failures or malfunction; unmarked and marked rocks, holes, stumps, trees, cliffs, and closed areas; encounters with wildlife; contact with insects and plants; collisions with other users of the Resort; collisions with natural and man-made objects and equipment; falling; equipment damage; slipping; tripping; loss of balance; varying visibility; unmaintained trails; path and/or trail obstructions; encountering terrain parks or terrain features; Participant’s own failure to understand and comply with signage; falling objects; encounters with motor vehicles; falling off or out of the mountain coaster and alpine slide, lack of shelter; limited access to and/or delay of medical attention; failed or poorly executed attempts at rescue or medical care; Participant’s own health condition; strenuous activity; fatigue; sunburn; heat exhaustion; dehydration; hypothermia; altitude sickness; frostbite; & mental or emotional damage or distress from exposure to any of the above.
7. Assumption of Risk: Undersigned acknowledges and agrees that Participant is choosing to take part in the activity despite the many potential dangers and risks of doing so, and freely chooses to accept the risks of doing so despite the many potential dangers; and further acknowledges and agrees that there are other such dangers that may not be specifically set forth in this document. By signing this Agreement, the Undersigned recognizes that property loss, injury, serious injury, and death are all possible while participating in the Activity. The Undersigned expressly acknowledges and assumes all risks, dangers, and consequences of the Activity, including but not limited to, those risks, dangers, and consequences set forth herein, that may result in physical injury, property damage, or death.
8. Participant’s Responsibilities and Representations: The Undersigned represents that the Participant is physically and mentally capable of participating in the Activity. Participant assumes the responsibility of maintaining control and behaving safely at all times while engaging in the Activity. Participant is responsible for reading, understanding, and complying with all signage, including the instructions on the use of the Kelly Canyon facilities and the use of lifts. Participant agrees and understands that he or she must have the physical dexterity and knowledge to participate in a given activity, as described in paragraph 1 above, and that if a staff member concludes that the participant does not possess the necessary physical attributes to take part in the activity, the staff member may disallow the participant from participating in the activity. Further, the Undersigned understands that a minor Participant may use the lifts and participate in summer activities without an adult present, and represents by signing this document that Participant has the training, experience and skill to participate in said activities, including loading, unloading and riding the lifts alone and without help or supervision of anyone else. Undersigned also warrants and represents that they are not under the influence of drugs or alcohol at the time of executing this agreement, and that they will not participate in RGAC while under the influence of drugs or alcohol.
9. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for Kelly Canyon Resort’s agreement to allow the Participant to participate in the Activity, THE UNDERSIGNED HEREBY AGREES NOT TO SUE Kelly Canyon Resort its affiliated companies and subsidiaries, including but not limited to those that operate the Kelly Canyon Resort, Activity Organizers Activity Promoters, Rokman Games, LLC, or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “Released Party”) for any property damage (including but not limited to equipment damage), injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activity. By signing this Agreement Not to Sue, the Undersigned is releasing any right to make a claim or file a lawsuit against any Released Party. Also, the Undersigned agrees to hold harmless and release each and every released party from any and all liability and/or claims or causes of action for injury or death to persons or damage to property arising from Participant’s participation in the Activity, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty.
10. Agreement to Indemnify: Undersigned agrees to INDEMNIFY (REIMBURSE) each Released Party from and against any and all claims of the Undersigned, the Participant and/or any third party arising in whole or in part from Participant’s participation in the Activity. **IN OTHER WORDS, IF PARTICIPANT AND/OR ANYONE ON PARTICIPANT’S BEHALF FILES ANY LAWSUIT OR BRINGS ANY CLAIM FOR INJURY OR DAMAGE AGAINST RELEASED PARTIES, UNDERSIGNED WILL BE REQUIRED TO PAY BACK TO ALL SUCH RELEASED PARTIES ALL SUMS OF MONEY INCURRED BY, OR PAID BY OR ON BEHALF OF, ANY OF THE RELEASED PARTIES ON ACCOUNT OF THE BRINGING OF SUCH SUIT OR CLAIM, INCLUDING ALL ATTORNEYS FEES AND COSTS.**
11. Medical Authorization, Release, and Indemnification: The Undersigned: 1) authorizes a licensed physician and/or other medical care provider to carry out any emergency medical care for Participant; 2) authorizes any Released Party and/or their authorized personnel to call for medical care for the Participant or to transport the Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agrees that, following Participant’s transport to any such medical facility or hospital, the Released Party shall not have any further responsibility for Participant; 4) agrees to pay all costs associated with the medical care and related transportation provided for the Participant; and 5) shall indemnify and hold harmless (as set forth in paragraph 5, above) the Released Parties from any and all liability and/or claims associated with such medical care and/or related transportation.
12. Application of Agreement to Minor Participants: In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all of the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, the parent or legal guardian understands that he/she is also waiving certain rights on behalf of the minor and his/her parents that the minor or parent(s) 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, and signs this document out of a desire to have the Participant be allowed to participate in the activity.
13. Representation of Capacity and Authority to Contract: If signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age, and that he or she acknowledges and intends to be bound by all of the provisions of this Agreement. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant, and agree and represent that they have the legal authority to bind both themselves and the minor Participant to the terms of this Agreement. The Undersigned agrees to indemnify the released parties for all liability and claims, including attorneys’ fees, arising from any misrepresentations or fraudulent execution of this Agreement.
14. Acknowledgement that Agreement is a Binding Contract: 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, subrogors, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned.
15. Agreement to Application of Idaho Law and Selection of Forum: In consideration for allowing Participant to participate in the Activity, the Undersigned agrees that any and all claims for injury and/or death arising from the Participant’s participation in the Activity shall be governed by Idaho law, and that the exclusive jurisdiction for any claim shall be in the State District Court of Jefferson County, Idaho.
16. I hereby grant Rokman Games, LLC and Kelly Canyon Resort permission to use photographs or video footage in any and all publications for marketing or promotional purposes, including web site or social media entries, without payment or any other consideration in perpetuity.
17. I hereby authorize Rokman Games, LLC, and Kelly Canyon Resort to edit, alter, copy, exhibit, publish or distribute these photos or videos. I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my image appears.
18. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph.