Alpine Valley Resort School Program Rental Agreement
This form will help us at Alpine Valley Resort ensure proper rental equipment is distributed to the renter, so please be accurate in your description of the renter. THIS FORM/AGREEMENT ALSO INCLUDES LEGAL DOCUMENTATION THAT SHOULD BE READ CAREFULLY BEFORE E-SIGNING BELOW.
Name (of renter, person using the equipment) Last, First
Phone Number (of Guardian if renter is under 18)
Shoe Size (of renter) (no half sizes)
Is this a "Children's" Shoe Size?
Adult Size (Woman's or Men's) Size 3 and up are considered Adult. Please make your Sponsor aware if your child shoe size is smaller than 3.
Weight (of renter) (lbs.)
Height (of renter)
3FT OR UNDER
6FT-8IN OR MORE
Ski or Snowboard?
Ski Level 1 (Beginner)
Ski Level 2 (Intermediate)
Ski Level 3 (Expert)
Snowboard Regular (Left foot forward)
Snowboard Goofy (Right foot forward)
Are you renting a Helmet? (use of helmets is strongly recommended for all alpine sport participants)
Yes ($10.00 additional fee per use will be assessed if not already paid for)
Age (of renter)
What group or school are you part of?
City, State Zip
Drivers License Identification Number
(of parent/guardian if renter is under 18)
RENTAL AGREEMENT AND RELEASE FROM LIABILITY *READ CAREFULLY BEFORE CHECKING BOX AND E-SIGNING THIS FORM
1. I Accept the equipment "as is" and accept full responsibility for the care of the equipment while it is in my possession. 2. I will be responsible for the replacement at full retail value of any equipment to be rented under this form not returned to the rental department in a timely manner. 3. I will return all rental equipment by the agreed date in a clean condition to avoid any additional charges. 4. I have received instruction on the use of my rental equipment and fully understand its proper use and function. 5. I have made no misrepresentations concerning my height, weight, age, or any other information on this form. 6. I agree to hold harmless and indemnify the ski area and its owners, agents, and employees, as well as the equipment manufactures & distributors for any loss or damage, including any that results from claims of personal injury, death, or property damage related to the use of this equipment/ the equipment as ordered by the information I have provided in this form/agreement. 7. I UNDERSTAND THAT THERE ARE INHERENT AND OTHER RISKS INVOLVED IN THE SPORT OF SKIING AND/OR SNOWBOARDING, FOR WHICH THIS EQUIPMENT IS TO BE USED, THAT INJURIES ARE A COMMON AND ORDINARY OCCURRENCE OF THE SPORT(S), AND I FREELY AND VOLUNTARILY ASSUME THOSE RISKS. 8. I UNDERSTAND THAT A SNOWBOARD AND/OR SKI BINDING SYSTEM NOT RELEASE OR RELEASE IN VARIOUS MODES I MAY NOT ANTICIPATE AND SERIOUS INJURY OR DEATH MAY RESULT. 9. I hereby agree to release from any legal liability the ski area and its owners, agents, and employees, as well as the equipment (the equipment rented based off of the information I have provided in this form/agreement) manufactures & distributors of the rental equipment from any and all liability for injury or death to myself or to any other person or property resulting from the selection, installation, maintenance, adjustment, or use of this rental equipment and for any claim based upon negligence, breach of warranty, contract, or other legal theory, accepting myself as fully responsible for any such injury, damage, or death as a result of use of this rental equipment (the equipment rented based off of the information I have provided in this form/agreement). 10. This agreement is governed by applicable laws of the state of Wisconsin. if any part of this agreement is considered unenforceable, all other parts will still be given full force and effect. 11.BINDING EFFECT OF AGREEMENT: in the event of death or incapacity, this agreement shall be effective and binding upon my heirs, next to kin, executors, administrators, assigns, and representatives. 12. IF I DO NOT AGREE WITH THE 11 PARAGRAPHS AND/OR POINTS STATED ABOVE, I WILL NOT RENT THE EQUIPMENT.
I have carefully read the rental agreement and its 12 points, AND I UNDERSTAND IT AFFECTS MY LEGAL RIGHTS AND WILL BAR ME FROM THE RIGHT TO SUE.
WARNING ASSUMPTION OF RISKS Wisconsin State Law:
Under Wisconsin law, each participant in a snow sport assumes the risk of injury or death to person or injury to property resulting from the conditions and risks that are considered to be inherent in an alpine sport, has a number of duties that must be met while engaging in an alpine sport, and is subject to limitations on the ability to recover damages from a ski area operator for injuries or death to a person or to property. A complete copy of this law is available for review at the main site where tickets to this ski area are sold. Please review the law and the conditions and risks inherent in this alpine sport before purchasing tickets. Link to Wisconsin state law:
“WARNING — DUTIES OF INDIVIDUALS ENGAGED IN SKIING OR SLEDDING: Under Wisconsin law, each individual engaged in skiing or sledding has a duty to do all of the following: 1. Obey all posted warnings and signs. 2. Keep off of closed trails and out of closed areas. 3. Know the range of his or her ability and engage in skiing or sledding within that ability. 4. Assess the difficulty of the trails and terrains that are open to skiing or sledding. 5. Maintain control of his or her speed and direction. 6. Be able to stop or avoid other individuals or objects. 7. Yield to other individuals engaged in skiing or sledding who are ahead or who are down the slope. 8. Not stop at a point that will result in the individual obstructing a trail or not being visible from above. 9. Yield to other individuals engaged in skiing or sledding who are uphill when starting downhill or when merging onto a trail. 10. Be able to safely board, ride, and deboard any lift serving an area open to skiing or sledding. 11. Board and deboard a lift only at designated sites."
I have read and understand the Wisconsin state laws as they pertain to Alpine Sports and understand the duties of individuals engaged in skiing and sledding.
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT. WARNING: PLEASE READ CAREFULLY BEFORE SIGNING! This is a Release of Certain Legal Rights Including to Right to Sue or Claim Compensation!
1. Each person participating in the Activity (defined below) is referred to as “Participant.” I, the undersigned, am a Participant and, if a Participant is under 18 years old, I am the minor/child/infant Participant’s parent or legal guardian. I understand that participating in ski and snowboard school, skiing, snowboarding, racing, competing, ski simulation, training, snow biking, sledding, hiking, sightseeing, cycling, trail running, taking resort and vehicle tours, using freestyle or terrain park features, participating in other recreational activities, renting equipment and using the lifts, parking lots, walkways, stairs, lodges, restaurants, other ski area facilities and the premises in general, for any purpose (the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH.2. Wisconsin Alpine Sport State Law. “WARNING — ASSUMPTION OF RISKS: Under Wisconsin law, each participant in an alpine sport is considered to have accepted and to have knowledge of the risk of injury or death to person or injury to property that may result. Under Wisconsin law, each participant in an alpine sport has the duty to take the precautions that are necessary to avoid injury or death to person or injury to property. Wisconsin law sets forth certain other limitations on the liability of ski area operators for injuries or death to person or injury to property. “WARNING — DUTIES OF INDIVIDUALS ENGAGED IN SKIING OR SLEDDING: Under Wisconsin law, each individual engaged in skiing or sledding has a duty to do all of the following: 167.33(3)(d)1. 1. Obey all posted warnings and signs.167.33(3)(d)2. 2. Keep off of closed trails and out of closed areas. 167.33(3)(d)3. 3. Know the range of his or her ability and engage in skiing or sledding within that ability. 4. Assess the difficulty of the trails and terrains that are open to skiing or sledding. 167.33(3)(d)5. 5. Maintain control of his or her speed and direction. 167.33(3)(d)6. 6. Be able to stop or avoid other individuals or objects. 167.33(3)(d)7. 7. Yield to other individuals engaged in skiing or sledding who are ahead or who are down the slope. 8. Not stop at a point that will result in the individual obstructing a trail or not being visible from above.167.33(3)(d)9. 9. Yield to other individuals engaged in skiing or sledding who are uphill when starting downhill or when merging onto a trail. 167.33(3)(d)10. 10. Be able to safely board, ride, and deboard any lift serving an area open to skiing or sledding. 167.33(3)(d)11. 11. Board and deboard a lift only at designated sites." 3. I expressly acknowledge and assume all additional risks and dangers that may result in property damage, physical injury and/or death, which may be above and beyond the inherent dangers and risks of the Activity, including but not limited to: Falling or loss of balance; icy, slick or uneven surfaces; cornices and crevasses; collisions with natural or man-made objects, other people, snowmobiles and/or other motor or over-snow vehicles; bumps; moguls; tree wells and stumps; downed timber and other forest growth; rocks, drainage channels, streams, creeks, holes, debris, and other rugged mountainous terrain; marked and unmarked obstacles; unmaintained or unmarked trails/roads or trail obstructions; the negligence or failure of Participant, Ski Area employees, or other guest to act safely (including an instructor’s selection of terrain that exceeds Participant’s ability) or within their own ability including failure to stay within designated areas and comply with signage; falling snow or ice from natural or man-made sources; equipment malfunction, failure or damage; improper use or maintenance of equipment; misloading, entanglements, or falls damage; improper use or maintenance of equipment; misloading, entanglements, or falls from ski lifts; varying visibility, storms, lightning, hail, snow and other adverse weather; becoming lost or separated; lack of shelter; limited access to and/or delay of medical attention; Participant’s health condition, physical exertion, exhaustion, dehydration, hypothermia, altitude sickness, or frostbite; and/or mental distress from exposure to any of the above. I UNDERSTAND THAT THE DESCRIPTION OF THE RISKS IN THIS AGREEMENT IS NOT COMPLETE AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM, WHETHER OR NOT DESCRIBED HERE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.” 4. In consideration for allowing the Participant to participate in the Activity, I AGREE, to the greatest extent permitted by law, TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO HOLD HARMLESS, RELEASE, INDEMNIFY, AND AGREE NOT TO SUE ALPINE VALLEY RESORT,OR ANY OF ITS OWNERS, SHAREHOLDERS, EMPLOYEES, SERVANTS OR AGENTS (each a “Released Party”) FOR ANY INJURY, INCLUDING DEATH, LOSS, PROPERTY DAMAGE OR EXPENSE, WHICH I OR PARTICIPANT MAY SUFFER, ARISING IN WHOLE OR IN PART OUT OF 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 OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF ANY RELEASED PARTY TO TAKE REASONABL STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY.In consideration for allowing the Participant to participate in the Activity, I FURTHER RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT I MAY NOW HAVE AGAINST ANY RELEASED PARTY AND UNDERSTAND THIS RELEASES ALL CLAIMS, INCLUDING THOSE OF WHICH I AM NOT AWARE, THOSE NOT MENTIONED IN THIS RELEASE AND THOSE RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW. I AGREE TO DEFEND AND INDEMNIFY EACH RELEASED PARTY FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, WHETHER ARISING IN WHOLE OR IN PART FROM PARTICIPANT’S PARTICIPATION IN ANY ACTIVITY OR FROM ANY MISREPRESENTATIONS OR FRAUDULENT EXECUTION OF THIS AGREEMENT5. If Participant rents equipment, I agree to accept for use the equipment rented “AS IS”, accept responsibility for the care of the equipment during the rental period, and agree to be responsible for the replacement at full value of any equipment not returned or returned in a damaged condition. I have not made any misrepresentations with regard to Participant’s height, weight, age and/or ability level and represent that Participant will be the only person using the equipment. I UNDERSTAND THAT THE BINDING SYSTEM CANNOT GUARANTEE THE USER’S SAFETY. The binding system will not release at all times or under all circumstances where release may prevent injury or death, nor is it possible to predict every situation in which it will release. I further understand that the downhill ski binding system DOES NOT REDUCE THE RISK OF ANY TYPE OF INJURY TO PARTICIPANT. I understand that in snowboarding, and other sports utilizing equipment with non-release bindings, the binding system will not ordinarily release during use. I agree to assume and accept any and all known and unknown risks of injury to Participant while using this equipment.6. BY SIGNING ON BEHALF OF A MINOR/CHILD/INFANT OR OTHER PARTICIPANT, I REPRESENT THAT I AM AUTHORIZED TO SIGN ON PARTICIPANT’S BEHALF and/or I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR/CHILD/INFANT PARTICIPANT and acknowledge that Participant is bound by all the terms of this Agreement. I understand that the minor Participant would not be permitted to take part in any of the Activities unless I agree to the terms of this Agreement. By signing this Agreement without a parent or legal guardian’s signature, I represent, under penalty of fraud that I am at least 18 years old. I understand that a minor/child/infant Participant may use the ski lifts without an adult present or may ride the ski lifts with non-employee guests.7. I represent that Participant is in good health and that there are no special problems associated with Participant’s physical or mental condition. I authorize a licensed physician or other medical care provider to carry out any emergency medical care for Participant which may be necessary and agree to be fully responsible for any costs associated with such care or transport to such care. 8. By participating in the Activity, I grant the Released Parties the right of publicity to own and use any image collected of Participant while participating in the Activity.9. Protective Helmets: The use of helmets is strongly recommended for Ski and Snowboard School participants under age 18.
I have read and understand the ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT and all of its 18 points.
Release of Liability:
Release of liability: in consideration of the rental of the equipment as ordered by this form sent to Alpine Valley Resort inc. THE UNDERSIGNED HERBY RELEASE FULLY AND DISCHARGE ALPINE VALLEY RESORT, INC. ITS OWNERS, AGENTS AND EMPLOYEES FROM ANY AND ALL LIABILITY RESULTING FROM ANY PERSONAL INJURY TO MYSELF OR DAMAGE TO MY PROPERTY WHICH IS CAUSED IN ANY WAY BY THE NEGLIGENT ACTS OR FAILURES TO ACT OF ALPINE VALLEY RESORTS , INC., OR ANY OF ITS OWNERS AGENTS, OR EMPLOYEES IN THE INSTALLATION, ADJUSTMENT, INSPECTION, MAINTENANCE, AND OR RENTAL OF THE EQUIPMENT, AND OR IN THE INSTRUCTIONS GIVEN OR NOT GIVEN TO ME CONCERNING THE EQUIPMENT AND ITS USES, AND OR FROM MY USE OF THE EQUIPMENT. I accept for myself full responsibility for any injuries or damage of any kind which may result from the use of the equipment and IT IS MY INTENTION TO HOLD HARMLESS ALPINE VALLEY RESORT INC. its owners, agents or employees for any injury sustained to myself or others while using the equipment suggested in this form/agreement (the equipment rented based off of the information I have provided in this form/agreement). IN THE EVENT I AM SIGNING AS A PARENT OR A GUARDIAN, I REPRESENT I HAVE THE FULL AUTHORITY TO DO SO, REALIZING THE RELEASE IS BINDING UPON THE MINOR AS WELL AS YOURSELF.
I am over 18 and/or am a Parent/Legal guardian of the renter, and I HAVE READ AND UNDERSTAND THIS ENTIRE DOCUMENT AS IT AFFECTS YOUR LEGAL RIGHTS AND WILL BAR YOUR RIGHT TO SUE ALPINE VALLEY RESORT INC.!
Parent/Guardian E-signature if renter is under 18 years of age (if over 18 E-sign again as renter)
By E-signing below you are Legally bound to the terms of this Form/Agreement.
I am over the age of 18 or have had a legal guardian e-sign above, AND UNDERSTAND BY ENTERING MY NAME I AM LEGALLY BOUND BY THE TERMS OF THE ABOVE FORM/AGREEMENT.
By checking the box below the renter (parent or legal guardian) is acknowledging that they are over 18 years of age, and have read and understand this entire document. You also you are also agreeing to these terms as they pertain to equipment that will be rented and adjusted based off of the information in this form/agreement. By e-signing above you are acknowledging you understand equipment sizing may also be adjusted to provide better fit or to accommodate the preference of the renter. CAUTION READ THIS ENTIRE DOCUMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND WILL BAR YOUR RIGHT TO SUE!
I am over the age of 18 or have had a legal guardian E-sign above AND UNDERSTAND BY ENTERING MY NAME I AM LEGALLY BOUND BY THE TERMS OF THE ABOVE FORM/AGREEMENT..
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