Whisper Ridge Participation Agreement, Release and Assumption of Risk
In consideration of my receipt of services, transportation, and/or use of facilities and equipment of Whisper Ridge Utah, LLC, its agents, owners, officers, members, managers, employees, guides, landowners, and all other persons or entities acting in any capacity on its behalf or in conjunction herewith (hereinafter collectively referred to as “Whisper Ridge”), I hereby agree to release, indemnify, hold harmless, and discharge Whisper Ridge, on behalf of myself, my spouse, my children, my parents, my heirs, my assigns, my personal representatives, and my estate as follows:
1. I acknowledge that my participation in downhill skiing, snowboarding, telemark skiing, mono-skiing, or any other similar winter alpine recreational activity allowed by Whisper Ridge involve known and unknown risks that could result in temporary or permanent physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that mountainous terrain, back-country activities and winter weather are all individually inherently dangerous and collectively are significantly more dangerous. I understand those dangers and I represent that I am adequately prepared for them in training, skill, attire, and physical conditioning. I understand that such risks cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, but are not limited to, the following: the hazards of walking on snow, ice, slippery or uneven terrain and slips and falls; scratches, bruises, sprains, lacerations, fractures, concussions, brain damage, and other severe life threatening hazards, some of which may be permanent; collisions with other skiers or objects, including trees; exposed trees, rocks, boulders, cliffs, ledges, ridges, and other naturally occurring obvious obstacles or terrain; hidden or obscured obstacles including crevasses, ice and snow cornices, tree wells, tree stumps, fences, creeks, rocks, boulders, forest deadfall and other downed trees below the surface of the snow; loss or damage to equipment being used; being lost or separated from the guide or companions in forested areas, on rugged or steep terrain, or because of bad weather, limited visibility, or difficulty with communications; natural forces including steepness of slopes, snow depth, instability of snow pack or varying and difficult weather conditions; avalanches, caused by snow conditions or other participants, snow or rock slides, or other sloughing events including snow, rock, dirt, gravel, trees, or other natural materials; guides may fail to correctly determine the stability and safety of a slope or predict where or when an avalanche will occur, give inadequate warnings or instructions, or may misjudge the weather, the elements, the terrain, or the ability of the participants; exposure to altitude, cold, and moisture, including hypothermia, frostbite, acute mountain sickness/altitude sickness, exhaustion, cerebral and pulmonary edema; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; weather conditions may be extreme and change rapidly without warning; equipment failure or malfunction; transportation equipment or malfunction; improper lifting or carrying; my own physical condition and the physical exertion associated with this activity; medical facilities, medical assistance, and rescue services are not immediately available; in the event of an accident, access to and rescue of the injured participant may be delayed by location, weather conditions, snow conditions, or visibility; being run over by a snow cat; not following guide directions, misbehaving or horseplay on, in, or around the snow cats.
2. I expressly agree to accept and assume all of the risks existing in this activity, including those identified herein and those risks not specifically identified herein. My participation in this activity is entirely voluntary, and I knowingly and intentionally elect to participate in this activity in spite of the risks.

3. I hereby voluntarily and irrevocably release, forever discharge, and agree to indemnify and hold harmless Whisper Ridge and the landowner from any and all actions, claims, demands, causes of action, damages, costs, fees, and expenses of any kind, which are in any way connected with or related to my participation in this activity or my use of Whisper Ridge’s services, transportation, facilities, and/or equipment, including any such claims which allege negligent acts or omissions of Whisper Ridge.

4. Should Whisper Ridge or anyone acting on its behalf incur attorneys’ fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

5. I represent and certify to Whisper Ridge that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in this activity. Should my insurance prove insufficient, I agree to be solely responsible for all the costs of such injury or damage, whether to myself, to another participant, or to the property of another.

6. I represent and certify to Whisper Ridge that I, and if applicable my minor children, am/are physically and mentally capable of safely participating in this activity. I expressly agree to assume full financial responsibility and assume all risks to myself and my minor children for bodily injury, death, or loss of or damage to my/our personal property and expenses as a result of the inherent risks and dangers in this activity, and for my/our own negligence in participating in this activity. I warrant that I have the authority to make such decisions and accept such liabilities on behalf of my minor children and myself. I also expressly agree to assume full financial responsibility and assume all risks of any known or unknown medical or physical condition I or my minor children may have.

7. I agree that this agreement shall be governed by the laws of the State of Utah, without regard to Utah’s conflict of law rules or jurisprudence.

8. For purposes of interpreting this agreement or for any claims I may have relating to my participation in this activity, I irrevocably agree and consent to the exclusive jurisdiction and venue in the First Judicial District Court, Cache County, State of Utah, and I agree that no other court, anywhere, shall be a proper venue. I hereby knowingly and voluntarily waive any and all rights I may have to litigate any dispute I have with Whisper Ridge in any other court, including U. S. District Court for the District of Utah.

9. I affirm that my statements herein are true and correct, and I acknowledge and agree that Whisper Ridge, in agreeing to contract with me as a participant, has reasonably relied on my representations herein. My promises herein, in conjunction with my ticket price, constitute the full consideration to Whisper Ridge for my participation in this activity.

10. This Participation Agreement, Release, and Assumption of Risk is entered into by me for the benefit of Whisper Ridge and any and all landowners who have made their property available to Whisper Ridge for the activities contemplated herein.

It is the intent of the undersigned and Whisper Ridge that this agreement be interpreted as broadly and expansively as possible, with any questions about the scope of the release being interpreted in favor of releasing Whisper Ridge.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Whisper Ridge on the basis of any claim from which I have released it herein.
I have had sufficient time to read this agreement. I have fully read and understood this agreement and I agree on behalf of myself, my spouse, my children, my parents, my heirs, my assigns, my personal representatives, and my estate to be bound by its terms. I acknowledge I am not relying on any oral, written, or visual representation or statements made by Whisper Ridge, including those made in its brochures, on its website, or as part of any other promotional material or event, to induce me to participate in this activity.

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By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Whisper Ridge on the basis of any claim from which I have released it herein.I have had sufficient time to read this agreement. *
I have fully read and understood this agreement and I agree on behalf of myself, my spouse, my children, my parents, my heirs, my assigns, my personal representatives, and my estate to be bound by its terms. I acknowledge I am not relying on any oral, written, or visual representation or statements made by Whisper Ridge, including those made in its brochures, on its website, or as part of any other promotional material or event, to induce me to participate in this activity. *
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