Participant Liability Waiver, Release and Agreement
Higher Ground USA., Inc. (“Higher Ground”) is a non-commercial, not for profit activity provider. Sun Valley Company (“SVCo”) is a commercial, for profit purveyor of skiing and other recreational activities and equipment provider. By signing below, I, the Participant, agree:
Awareness and Assumption of Risk: I understand that my participant activities have inherent risks that may arise from the activities themselves, the actions or inactions of myself or other participants, Higher Ground or SVCo, their directors, officers, employees and agents, and others who are present at or participate in the activities or locations. These risks include risks of physical injury due to hazards at the locations, hazards with the equipment, the actions of myself or others, etc. The risks also include behavior, actions or communications of persons (including other participants) that may be harmful, injurious, offensive, harassing or defaming to me. I assume full responsibility for any and all risks of financial, personal and/or bodily injury of any type or nature, death and property damage, caused by or arising directly or indirectly from my participant activities or presence at, or participation in, any Higher Ground or SVCo event, activity or location, regardless of the cause.
Waiver and Release of All Claims and Liability: In consideration for my participation in Higher Ground or SVCo programs and activities, I, for myself and on behalf of my assignees, heirs, executors, administrators, next of kin or any third party on my, its or their behalf (“My Representatives”) AGREE NOT TO SUE AND AGREE TO INDEMNIFY AND HOLD HARMLESS AND RELEASE AND DISCHARGE HIGHER GROUND, SVCo, AND ANY AND ALL OF THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, VOLUNTEERS AND AFFILIATES (collectively, the “Released Parties”) FROM ANY AND ALL ACTIONS, CLAIMS, SUITS, DAMAGES, LOSSES, LIABILITIES, COSTS, EXPENSES OR DEMANDS THAT I OR MY REPRESENTATIVES NOW HAVE, OR MAY HAVE IN THE FUTURE, ARISING IN ANY WAY AS A RESULT OF OR IN CONNECTION WITH ACTIVITIES OR MY PRESENCE AT OR PARTICIPATION IN ANY HIGHER GROUND EVENT, ACTIVITY OR LOCATION, INCLUDING WITHOUT LIMITATION, INJURY OR DAMAGE RESULTING FROM ACTIVITIES REGARDLESS OF ANY FAULT OR PASSIVE OR ACTIVE NEGLIGENCE ON THE PART OF ANY OF THE RELEASED PARTIES, MYSELF, MY REPRESENTATIVES OR ANY THIRD PARTY.
Indemnification: I will defend and indemnify the Released Parties from any and all liability, loss, damages, claims and attorney’s fees resulting directly or indirectly from my presence at, or participation in, any Higher Ground or SVCo event, activity or location, including but not limited to, claims, demands, suits, costs and expenses for any injuries and damages for negligence, premises liability, emotional injury, property damage, intentional conduct, tort claims, and any other actions or demands of any other nature that Participant has or may have against the Released Parties.
Medical Authorization: I, the undersigned Participant (or legal guardian if Participant is under 18 years of age), hereby authorize Higher Ground and its employees, agents, representatives, contractors, and volunteers to act according to their best judgment in any emergency requiring medical attention. I understand and agree that Higher Ground assumes no responsibility for any injury or damage which might arise out of or in connection with such authorized emergency medical treatment.
Representations and Warranties: I, the undersigned Participant, hereby represents and warrants to Higher Ground as follows:
Medical Conditions and Physical Limitations. I represent and warrant that I have fully disclosed to Higher Ground in writing all medical conditions, physical limitations, disabilities, and health concerns that may affect my ability to safely participate in the activities and events, including but not limited to: (a) Any heart conditions or cardiovascular issues; (b) Any respiratory conditions or breathing difficulties; (c) Any musculoskeletal conditions, injuries, or limitations; (d) Any neurological conditions or disorders; (e) Any medications that may impact physical performance or safety; (f) Any allergies that could be triggered during activities or events; (g) Any recent surgeries or ongoing medical treatments; and (h) Any other medical conditions or physical limitations that could affect participation.
Accuracy of Disclosures. I represent and warrant that all information provided regarding my medical conditions and physical limitations is true, accurate and complete as of the date of this Agreement. I acknowledge that Higher Ground relies on these representations to assess the Participant's fitness to engage in the activities and events and to implement appropriate safety measures.
Continuing Obligation. I agree to promptly notify Higher Ground of any changes in my medical conditions or physical limitations that arise after the execution of this Agreement and prior to or during participation in the activities and events.
Photo and Media Release: I hereby grant to Higher Ground the right and permission to photograph, film, videotape, record, and/or portray my name, likeness, image, voice, appearance and/or activities in connection with my participation in Higher Ground’s programs, events and activities. Higher Ground may use the materials for any lawful purpose, including but not limited to publicity, marketing, advertising, promotion, illustration, trade and editorial uses, without further compensation, consideration, notice or permission to me or any third party.
General Provisions: This Agreement is governed by the laws of the State of Idaho, without giving effect to any choice of law provision or rule. Any action shall be filed only in Blaine County Idaho and I consent to the personal jurisdiction of such courts for the purposes of any such action. This Agreement is intended to be as broad and inclusive as permitted by Idaho state law, and if any clause or provision of this Agreement is held invalid the enforceability of the remaining provisions of this Agreement shall not be affected.
I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I SIGN IT OF MY OWN FREE WILL.
Agreement on Behalf of Minors: If any minor will participate in any activities, I represent that I am the parent or legal guardian of the minor(s) and, in addition to signing this Agreement in my individual capacity, I am signing this Agreement on behalf of the minor(s) in consideration of the minor(s) being allowed to participate in Higher Ground activities. All participating minors’ names are listed below.
Photo/Media Opt-Out Option
I understand that photos and/or videos may be taken during this event/activity for promotional or documentation purposes.
I DO NOT consent to the use of my image or likeness in any photos, videos, social media, documentation purposes or promotional materials.
I consent to the use of my image or likeness in any photos, videos, social media, documentation purposes or promotional materials.