RELEASE OF LIABILITY
READ CAREFULLY BEFORE SIGNING
In consideration for my being permitted by Enchanted Forest Cross Country Ski Area on which the Yurt is located, to use the “Yurt” in the Carson National Forest, Taos County, New Mexico, I agree to the following waiver and release of liability:
1) I acknowledge that cross country skiing, snowshoeing, hiking and/or biking and wilderness travel, and that staying at a backcountry yurt, and their associated activities are by their nature potentially dangerous and the risk of bodily injury and mental damages exists. Traveling to the yurt in a wilderness environment and in changing weather conditions has inherent risks, hazards and dangers that cannot be eliminated and I understand that serious and/or minor injuries may occur.
2) In exchange for being permitted by Enchanted Forest Cross Country Ski Area to use the Yurt and all the equipment associated with the Yurt, I hereby RELEASE AND DISCHARGE Enchanted Forest Cross Country Ski Area and its employees, and legal representatives (“the Released Parties”), from liabilities for injuries, damages and failure to fulfill reserved time at the yurt arising out of my participation, including any losses CAUSED BY THE NEGLIGENCE OR STRICT LIABILITY of the Released Parties.
3) I certify that I have no physical or mental disability or defect that would prevent me from safely being physically active at high altitude.
4) I fully understand the risks, hazards and dangers that are involved in mountainous terrain, where weather is changeable and unpredictable and where blizzards, lightning and other acts of nature may occur.
5) I also agree that I WILL NOT SUE OR MAKE CLAIM AGAINST THE RELEASED PARTIES for any injuries or damages sustained as a result of my use of the Yurt, and I will indemnify and hold harmless the Released Parties from all claims, judgments, and costs, including reasonable attorney’s fees, incurred in connection with any action that might be brought as a result of my use of the Enchanted Forest Cross Country Ski Areas’ services and accommodations provided at the Yurt.
6) I understand this release applies to each and every use I may make of the services of Enchanted Forest Cross Country Ski Area and that this release shall also prevent my spouse, heirs and assigns from pursuing any legal action or claim.
7) This release sets forth all agreements, representations and understandings between the Released Parties and myself concerning liability for injuries and damages. No change, alteration, deletion or addition to this Release shall be binding upon the Released Parties and me unless it is in writing, signed by the Released Parties and myself, and attached to this Release.
I HAVE CAREFULLY READ, CLEARLY UNDERSTAND ITS CONTENTS AND VOLUNTARILY SIGN THIS USE, WAIVER AND RELEASE AGREEMENT:
(Print Your Name*)
Mailing Address (City, State, Zip)
*Customers under 18 years of age must have a parent or guardian sign for them.