4. Required form for individuals engaging at Crosscut.

WINTER NOTIFICATION OF RISK and WAIVER

Crosscut Mountain Sports Center, Inc. (“Crosscut”) is a 501(c)(3) non-profit corporation operating various sports, events, and activities including, but not limited to, Nordic skiing, fat biking, snowshoeing, and winter hiking (hereafter "Winter Sports"). In consideration of being allowed to participate in Winter Sports offered by Crosscut, I state and acknowledge as follows:

Acknowledgment of Inherent Dangers and Risks of Winter Sports. I voluntarily request the right to participate in Winter Sports and understand and acknowledge the “inherent dangers and risks” of Winter Sports that are part of Winter Sports and cannot be eliminated, including, without limitation: (a) changing weather conditions; (b) snow and trail conditions as they exist or as they may change, including ice, hardpack, powder, packed powder, wind pack, corn snow, crust, slush, cut-up snow, and machine-made snow of any depth or accumulation, including but not limited to any depth or accumulation around or near trees or snowmaking equipment; (c) tree wells and snow immersion suffocation; (d) avalanches; (e) collisions with natural surface or subsurface conditions, such as bare spots, forest growth, rocks, stumps, streambeds, cliffs, trees, and other natural objects; (f) collisions with signs, posts, fences, enclosures, hydrants, water pipes, or other artificial structures and their components; (g) variations in steepness or terrain, whether natural or the result of slope design, snowmaking, or snow grooming operations, including but not limited to roads and other terrain modifications; (h) collisions with clearly visible or plainly marked equipment, including but not limited to snowmaking equipment, snow grooming equipment, trail maintenance equipment, and snowmobiles, whether or not the equipment is moving; (i) collisions with other trail users; (j) the failure of a trail user to recreate within that trail user's abilities; (k) travelling in a closed area or travelling outside the trail area boundary as designated either on the area trail map or by signage; (l) restricted visibility caused by snow, wind, fog, sun, or darkness, (m) all matters associated with trail building or maintenance, including, but not limited to, equipment or tool use and falling or thrown debris; (m) falling, slipping, sliding, or tripping from steep, inconsistent, slippery, or wet trails; (n) unmarked trails; (o) falling objects including trees and rocks; (p) adverse weather conditions including wind, snow, ice, hail, lightning, and extreme temperatures; (q) malfunction of equipment; (r) catching clothing or body parts in moving equipment; (s) injury while getting on and off of platforms, or in and out of vehicles; (t) animal dangers including being bitten, trampled, mauled, or stung; (u) disorientation dangers including falling or getting lost; (v) physical exertion, stress, or emotional trauma; (w) remote location dangers including distance from and inaccessibility to immediate medical assistance; (x) all dangers and risks associated with the use of live ammunition during the biathlon training and biathlon competitions being conducted on Crosscut’s property, including without limitation the risk of over shot, rifle shot wounds causing injury or death, property damage from rifle shots, rifle malfunction, rifle misfire, rifle misuse, rifle related accidents, and emotional trauma or distress related to rifle use, and (y) personal and/or property injury as well as death. I am also aware that exceeding or failing to recognize the limits of my abilities will exacerbate these inherent risks. I accept all legal responsibility for injury or damage of any kind to the extent that the injury or damage results from inherent dangers and risks of Winter Sports.

Assumption of the Inherent Dangers and Risks of Winter Sports. Even with such understanding and appreciation of the inherent dangers and risks of Winter Sports, I still desire to participate and/or have my minor children participate in Winter Sports, and I do fully and irrevocably release and forever discharge Crosscut, it’s officers, directors, employees, agents, members, and owners from all legal claims, demands, actions, losses, and legal liability of any kind resulting from such activities. I hereby personally assume all risks which may be associated with Winter Sports.

Duty of Participant. I agree that I have a duty to participate in Winter Sports at all times in a manner that avoids injury to myself and others and to be aware of the inherent dangers and risks of Winter Sports. I agree that I shall: (a) know the range of my ability and act within the limits of that ability and my equipment so as to negotiate any section of terrain and trail safely and without injury or damage; (b) have the knowledge and ability to safely use my equipment; (c) know that my and other’s ability may vary because of ski slope and trail changes caused by weather, grooming changes, or Winter Sport participant use; (d) maintain control of speed and course and be able to stop so as to prevent injury to myself and others; (e) abide by the requirements of the skier responsibility code; (f) obey all posted signs or other warnings and instructions; (g) read the trail map and be aware of its contents; (h) always show courtesy to others and be aware that there are elements of risk in winter recreation that common sense and personal awareness can help reduce; (i) not stop where I obstruct a trail or am not visible from above; (j) whenever starting downhill or merging into a trail, look uphill and yield to others;(k) keep off closed trails and out of closed areas; and (l) take reasonable safety precautions such as appropriate protective equipment, travelling with a companion, letting others know my travel plan and return time, and carrying extra water, food, clothing, animal repellant, a map, and a cell phone. I acknowledge that the above actions will not guarantee my safety or eliminate the inherent dangers and risks of Winter Sports.

Forum. I agree that any claim or suit against Crosscut shall be filed in Eighteenth Judicial District Court, Gallatin County, Montana or a Federal Court in the state of Montana and no other jurisdiction, and shall be governed by the laws of the State of Montana.

Severability. I agree that if any portion of this Agreement is determined to be unenforceable, all other parts of this Agreement shall remain in full force and effect.

Parental Indemnification. As a parent/guardian signing this Agreement for a minor, I have read this Agreement and agree with its contents. I agree to indemnify and hold harmless Crosscut for any claim or suit, including legal fees and expenses, settlements or awards, related to my minor child’s presence on CROSSCUT premises.

Electronic Consent. If I am agreeing to the terms of this Agreement over an electronic device such as a computer, tablet, or phone, then I agree to conduct this transaction electronically.

By signing this document you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care. 

 I understand and acknowledge that (i) this is a legal and binding contract, (ii) I have read and fully understand the risks, terms, and releases contained herein, and (iii) I am signing this Agreement of my own free will and accord. If I am signing on the behalf of a minor, I verify that I am the parent or guardian of the minor and have the authority to enter this agreement for the minor.

Who are you signing for?

Myself  Someone Under 18 or Legally Incapacitated

Signee Information

I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST. BY SIGNING BELOW, I HEREBY REPRESENT THAT I AM AT LEAST 18 YEARS OF AGE AND FULLY COMPETENT TO SIGN THIS AGREEMENT ON MY OWN BEHALF.