Liability Waiver - Jewel Basin Yurt
RELEASE OF LIABILITY

WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS
INCLUDING THE RIGHT TO SUE

PLEASE READ CAREFULLY

This release and Assumption of Risks and Indemnity Agreement is hereby entered into between the USER/GROUP and JEWEL BASIN YURT, LLC, (hereinafter referred to as OPERATORS) and the below USER/GROUP

ASSUMPTION OF RISKS, AVALANCHES, ALPINE TERRAIN, WILDERNESS TRAVEL, WEATHER, ETC.

I am aware that alpine recreating involves risks, dangers and hazards in addition to those normally associated with outdoor recreation. Avalanches occur frequently in the alpine terrain used for skiing/riding and may be caused by natural forces or by skiers/snowboarders/snowmobilers and the like. I acknowledge and accept THE OPERATORS and their employees may fail to predict whether the alpine terrain is safe for skiing/riding or whether an avalanche may occur. The alpine terrain used for wilderness skiing/riding is uncontrolled, unmarked, not inspected and involves many risks, dangers and hazards in addition to that of avalanche. These may include, but are not limited to: Ice and snow cornices; trees, tree wells and tree stumps; creeks; rocks; boulders; forest deadfall; holes and depressions on or below the surface; cliffs; variable and difficult snow conditions; crevasses; snow-cat roads and road banks; fences, and other man-made structures; impact or collision with other skiers/riders; the failure to ski/ride safely within one's own ability or within designated areas; negligence of other skiers/riders; and negligence on the part OPERATORS or their employees. Alpine weather conditions may be extreme and can change rapidly and without warning making travel hazardous.

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH WILDERNESS
SKIING/RIDING AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND
HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR
LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVE OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of THE OPERATORS providing services regarding skiing/riding, and for good and
valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE OPERATORS and  their owners, directors, officers, employees, guides, agents and representatives, (all of whom are hereinafter collectively referred to as “THE RELEASEES”) arising out of any aspect of my participation in skiing, snowboarding, hiking and/or snowshoeing, or the use of any lodging or equipment provided by the Host (“Equipment”). The Participant and his/her Parents or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the OPERATORS, its owners, affiliates, operators, employees, agents, and officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct;

TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer or that my next of kin may suffer as a result of my participation in wilderness skiing, snowboarding, hiking or snowshoeing, due to any cause whatsoever, including negligence, breach of contract, or breach of any statutory or other duty of care, including any duty of care owed under the Montana Liability Act concerning skiing/riding on the part of the RELEASEES; and including the failure on the part of the RELEASEES to safeguard or protect me from the risks dangers and hazards of wilderness skiing, snowboarding, snowshoeing or hiking referred to above.

TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property
damage or personal injury to any third party, resulting from my participation in skiing, snowboarding, snowshoeing, and hiking; and that this agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death.

In entering into this Agreement I am not relying on any oral or written representation or statements made by THE RELEASEES with respect to the safety of skiing, snowboarding, snowshoeing, or hiking, other than what is set forth in this Agreement.
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