WAIVER, RELEASE AND INDEMNITY AGREEMENT
This document is subject to the following terms and conditions:
Hokkaido Powder Adventures (“HPA”) refers to Hokkaido Powder Adventures, LLC, its members, managers, employees, officers and agents.
“Tour” refers to all aspects of a trip organized by HPA, including any Activity, Facility, service, guidance, support, equipment or supplies directly or indirectly provided or arranged by or through HPA or any Contractor.
“Activities” refers to various activities involved in the Tour and include but are not limited to skiing, snowboarding, safety training, riding in snow cats and snow mobiles, swimming and bathing at onsens, and travelling in winter conditions .
“Facilities” refers to the accommodations, meals and transportation provided as part of the Tour, and locations accessed during the Tour, which are expected to include ski areas, back country areas, onsens and other indoor and outdoor locations for sightseeing, shopping, dining and other similar travel related activities.
“Participant” refers to any person and any minor child of such person who participates in a Tour.
“Contractor” refers to individuals and organizations with which HPA contracts to conduct or provide elements of the Tour.
As a condition of participating in the Tour, I and any of my minor children participating in the tour (collectively, “I,” “me,” or “my”) agree to the following:
1. I understand that my participation in the Tour can be DANGEROUS AND INVOLVE THE RISKS OF INJURY AND DEATH.
2. I understand that the ACTIVITIES AND USE OF THE FACILITIES INVOLVE NUMEROUS RISKS including, but not limited to, the risks inherent in skiing and snowboarding, both within ski areas and in the back country, including, risks posed by changes in terrain, snow and weather conditions; surface and subsurface snow conditions, unmarked obstacles; rocks; cliffs; steep terrain; deep snow; avalanches and avalanche debris; and other hazards, whether the risks are obvious or not. I also understand that the Activities involve the loss of balance; loss of control; falling; sliding; and collisions with objects and other participants. I understand that use of the Facilities involve risks posed by using various modes of travel in winter conditions, including walking on ice and snow, travelling in vehicles in winter driving conditions and on chairlifts, snow cats, snowmobiles and other over-snow modes of transportation, as well as risks involved in using pools, onsens and hot springs. I further agree that equipment provided by me, HPA, or Contractors, poses risks to me if it develops problems during use. I understand that falls are common while participating in many of the Activities. Minor injuries can become life threatening when they occur far away from rescue personnel or when alone. I understand that this list of risks is not complete and that other risks not listed may result in injury, death or property damage.
3. Despite the risks involved in the Activities and as consideration for being allowed to participate in the Tour, I AGREE TO EXPRESSLY ASSUME ANY AND ALL RISK OF INJURY, DEATH OR PROPERTY DAMAGE that might be associated with my participation in the Tour and use of the Facilities involved in the Tour. My participation in this Tour is purely voluntary, and I elect to participate in spite of and with full knowledge of the risks. I certify that I have a good understanding of the nature of this Tour and the skills, knowledge and physical demands required to participate, and I certify that I am fully capable of participating in this Tour.
4. I AGREE TO RELEASE FROM LIABILITY AND TO NEVER TO SUE HPA, its members, managers, officers, employees, agents or representatives for any damage, injury or death arising from participation in the Activities or use of the Facilities, regardless of cause, including the ALLEGED NEGLIGENCE of HPA or a Contractor.
5. I understand that this release of liability will prevent me, my family, and my heirs from filing suit or making any claim for damages in the event of injury, death or property damage arising from my participation in the Activities or use of the Facilities.
6. If I, my family, my heirs, or any legal representative files a claim or a lawsuit arising out of my participation in the Activities or use of the Facilities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HPA for any damages, attorney’s fees or costs arising out of such a claim or a lawsuit.
7. HPA collects images, content and data for commercial purposes and participants may be readily identifiable in these images, content or data. I grant permission to HPA to use my likeness and my content for the purpose of publicity, public relations, social media sharing or other commercial purposes without compensation and without restriction as to frequency and duration.
8. By checking the box to accept this agreement I am signing this agreement, I declare under penalty of perjury that I am doing so only for myself and/or on behalf of persons for whom I am authorized. If I execute this agreement on behalf of another person, I am acting as the agent for that person, and my acceptance of this agreement expressly confirms that I have permission to sign on the other person’s behalf, and that this agreement is binding on that person. If the other person brings a claim or lawsuit against HPA, I agree to defend, indemnify and hold harmless HPA as fully set forth in Paragraph 6 above.
9. I agree that this entire agreement is binding on me, my familychild, my heirs, assigns and legal representatives. I acknowledge that this agreement is severable and that if any clause is found to be invalid, the offending clause will be stricken and the balance of the agreement will remain in effect and will be enforceable. I agree that any action arising from or related to this agreement must be brought only in Pitkin County, Colorado (state court) or the U.S. District Court for Colorado (federal court) as venue. This agreement is subject to and interpreted under the laws of the State of Colorado.
THIS IS A RELEASE OF LIABILITY – DO NOT CHECK THE BOX UNLESS YOU AGREE TO BE BOUND BY ITS TERMS
