SKIER ACKNOWLEDGMENT FORM

ACKNOWLEDGMENT OF RISKS, ASSUMPTION OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY FOR SKIING/SNOWBOARDING

Nothing in this Acknowledgement and Assumption of Risks and Release and Indemnity Agreement shall be interpreted as the participant and parent releasing Beartooth Powder Guides, LLC from liability for injuries, damage, death, or other loss to participant or others that may occur within the jurisdiction of the National Park Service and is caused by Beartooth Powder Guides, LLC negligence, gross negligence, recklessness, or intentional conduct, including but not limited to any negligence with respect to Beartooth Powder Guides, LLC judgments and decisions, or Beartooth Powder Guides, LLC failure to take reasonable precautions to ensure it provides defect-free equipment.

WARNING: There are significant elements of risk in any activity associated with outdoor adventures, including but not limited to camping, climbing/hiking, trekking, skiing/ snowboarding, snowmobiling, wilderness lodges, and the presence or use of animals, snowmobiles and the use of any related equipment (referred to herein as “activity”). Although we have taken reasonable steps to provide you with skilled guides so you can enjoy an activity for which you may not be skilled, we wish to remind you that this activity is not without risk. Certain risks cannot be eliminated without destroying the unique character of the activity. This has been recognized by the State of Montana, Mont. Code Ann. §23-2-651. The same elements that contribute to the unique character of the activity can be causes of loss or damage to your equipment, or accidental injury, illness, or in extreme cases, permanent trauma, injury or death. We do not want to reduce your enthusiasm for this activity, but we do think it is important for you to know in advance what to expect and to be informed of the inherent risks.

ACKNOWLEDGMENT OF RISKS: Pursuant to Mont. Code Ann. §23-2-702 (2) (a) - (k) some of the inherent dangers and risk of skiing/snowboarding include but are not limited to:

  1. Changing weather conditions;
  2. Snow conditions as they exist or as they may change, including ice, hardpack, powder, packed powder, wind corn snow, crust, slush, cut-up snow, and machine-made snow;
  3. avalanches;
  4. collisions with natural surface or subsurface conditions, such as bar spots, forest growth, rocks, stumps, streambeds, cliffs, trees, and other natural objects;
  5. Collisions with signs, posts, fences, enclosures, hydrants, water pipes, or other artificial structures and their components;
  6. variations in steepness or terrain, whether natural or the result of slope design, snowmaking, or snow grooming operations, including but not limited to roads, freestyle terrain;
  7. collisions with clearly visible or plainly marked equipment, including but not limited to lift equipment, snowmaking equipment, snow grooming equipment, trail maintenance equipment, and snowmobiles, whether or not the equipment is moving;
  8. collisions with other skiers;
  9. the failure of a skier to ski within that skier’s ability;
  10. skiing/snowboarding in a closed area or skiing/snowboarding outside the ski area boundary as designated on the ski area trail map; and
  11. restricted visibility caused by snow, wind, fog, sun or darkness.

Other risks include but are not limited to: 1) Falling; 2) cold weather and heat related injuries and illnesses including frostnip, frostbite, heat exhaustion, heat stroke, hypothermia, and dehydration; 3) an “act of nature” which may include avalanche, rock fall, inclement weather, thunder and lightning, severe and/or varied wind, temperature or weather conditions; 4) River crossings, fording, portaging, or travel including travel to or from the activity; 5) Risk associated with crossing, climbing or down-climbing of rock, snow and/or ice; 6) Equipment failure and/or operator error; 7) Impairment of my sense of balance, physical coordination, and ability to follow instructions; 8) Attack by or encounter with insects, reptiles, or animals; 9) Accidents or illnesses occurring in remote places where there are no available medical facilities; 10) Fatigue, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident. I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death.

EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: I am aware that this activity entails risks of injury or death to myself, minor children for which I may be responsible and others that may be near me. I agree to assume responsibility for both the risks identified herein and for those risks not specifically identified. My/ Our participation is purely voluntary. No one is forcing me/us to participate and I/we elect to participate despite of the risks. I am (We are) physically and mentally capable of participating in the activity and/or safely using the equipment. I accept that wearing helmets and avalanche beacons when skiing/snowboarding or snowmobiling are basic safety precautions. I assume full responsibility for the risks of personal injury, accidents or illness, including but not limited to sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scrapes, abrasions, and/or contusions; dehydration; oxygen shortage (hypoxia); exposure and/or altitude sickness; head, neck and/or spinal injuries; animal or insect bite or attack; shock, paralysis, drowning, and/or death; and any resultant expenses from any of the foregoing risks. I also assume responsibility for damage to or loss of my/our personal property as the result of any accident that may occur.

I further agree that a skier has the duty to ski at all times in a manner that avoids injury to the skier and others and to be aware of the inherent dangers and risk of skiing/snowboarding which include but are not limited to:

  1. knowing the range of my ability and safely ski within the limits of that ability and my equipment so as to negotiate any section of terrain or ski slope and trail safely and without injury or damage;
  2. knowing my ability may vary because of ski slope and trail changes caused by weather, grooming changes, or skier use;
  3. Shall maintain control of speed and course so as to prevent injury to myself or others; and
  4. Obey all posted or other warnings and instructions.

Further, I acknowledge that pursuant to Mont. Code Ann. §23-2-736 a skier shall 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 skiing/snowboarding.

In accordance with laws and regulations governing the National Park Service (“NPS”), this liability release shall not apply with respect to negligence, injuries, or other losses occurring on any NPS property. Otherwise this shall apply and should be read carefully because this Release and Indemnity Agreement contains a surrender of certain legal rights.

COVENANT OF GOOD FAITH: I recognize that Beartooth Powder Guides, LLC as provider of guide services, will operate under a covenant of good faith and fair dealing, but that Beartooth Powder Guides, LLC may find it necessary to terminate an activity or refuse or terminate the participation of any person for the safety of myself and/or other participants. I acknowledge that no guarantees have been made with respect to achieving objectives. I acknowledge and understand that Beartooth Powder Guides, LLC and its principals, members and Employees have the right to refuse to allow me to participate in a guided activity if I am under the influence of drugs or alcohol or otherwise impaired. I further agree that for my own safety and for the safety of others, that I will not consume alcohol or other substances which could impair my ability to snowmobile, ski or perform any other activity.

AUTHORIZATION: I hereby authorize any medical treatment deemed necessary in the event of any injury while participating in the activity. I either have appropriate insurance, or in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf.

RELEASE: In consideration of services or property provided and in addition to Mont. Code Ann. §23-2-837, I, for myself and any minor children which I am parent, legal guardian, or otherwise responsible, any heirs, personal representatives or assigns, do hereby fully and completely release Beartooth Powder Guides, LLC, its principals, directors, officers, agents, employees, members and volunteers, and each and every land owner, municipal and/or governmental agency upon whose property an activity is conducted, from all liability and waive any claims, actions, losses, demands, injuries, damages, liabilities arising from any cause whatsoever (except that which is the result of willful or gross negligence).

This Agreement shall be governed by Montana law. I understand and agree that the foregoing Waiver and Release is intended to be as broad and inclusive as is permitted by the laws of the State of Montana and if any portion is found to be invalid, the balance shall continue in full force. I hereby sign this waiver and release of liability and claims with full knowledge that I have given up substantial rights by signing this waiver and release. I have signed it freely and voluntarily and without any inducement, assurance or guarantee being made to me and I intend that my signature be a complete and unconditional release of all liability to the greatest extent allowed by law.

COVID-19:

  • COVID-19 has been designated by the Centers for Disease Control and Prevention (CDC) as a new virus in humans causing respiratory illness which can be spread from person-to-person through respiratory droplets.
  • COVID-19, may cause respiratory failure, septic shock, and/or multiple organ dysfunction or failure, or death.
  • To prevent or stop the spread of COVID-19, the CDC recommends the practice of social distancing.
  • By participating in Beartooth Powder Guides, LLC, activities, I may be increasing my risk of exposure to COVID-19.
  • Although Beartooth Powder Guides, LLC, has put in place preventative measures to reduce the transmission of COVID-19 consistent with CDC recommendations, I may become infected with COVID-19.
  • If I develop symptoms while participating in Beartooth Powder Guides, LLC, activities, I may be required to take steps to isolate myself from others, or to otherwise prevent the spread of COVID-19, including the removal from participation in Beartooth Powder Guides, LLC, activities.

I hereby represent and warrant the following to be true and correct to the best of my knowledge with respect to myself and with respect to any minor person for whom I am signing:

  • I am not experiencing any symptoms known to be associated with COVID-19, as set forth and amended from time to time by the CDC; including without limitation: Cough, shortness of breath, difficulty breathing, fever;
  • Within the past fourteen (14) days, I have not been exposed to any person who, at the time of exposure, had an active case of COVID-19 and/or was experiencing symptoms associated with COVID-19;
  • I have not been diagnosed with COVID-19 in the last 21 days or told by a health care professional that I may currently still be contagious and able to transmit COVID-19;

I hereby agree on my own behalf and on behalf of any minor person for whom I am signing, as follows:

  • I voluntarily and knowingly seek services from Beartooth Powder Guides, LLC.
  • I assume all risks and damages to person or property, whether known or unknown, that may result from contracting COVID-19 while participating in services offered by Beartooth Powder Guides, LLC.
  • I assume all risks and damages to person or property, whether known or unknown, that may result from contracting COVID-19 while participating in services offered by Beartooth Powder Guides, LLC.
  • I will indemnify and hold harmless Beartooth Powder Guides, LLC, and its agents, employees, representatives, guests, licensees, and invitees, from all damages, claims, suits, actions, costs and attorneys fees, or demands for compensation of any kind relating to or arising from the contraction or dissemination of COVID-19 while engaged in services provided by Beartooth Powder Guides, LLC.
  • If I develop symptoms associated with COVID-19 while participating in services provided by Beartooth Powder Guides, LLC, I will immediately inform an agent or employee of Beartooth Powder Guides, LLC, and take steps to avoid transmission of any infectious disease which I may have.

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

Participant's First Name:

Participant's Last Name:

Age:

Course Type & Date (Avalanche, BC Skills, Ski Mountaineering, etc)

Sign here:

(Clear Signature)

I agree to the terms and conditions as listed above

Required: Initial here


(If participant is under 18, the Parent or Legal Guardian must also sign)

Parent's First Name:

Parent's Last Name: