EQUIPMENT RENTAL AGREEMENT AND RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
“RENTER” MEANS THE INDIVIDUAL USING THE EQUIPMENT AS LISTED ON THIS FORM. THE “UNDERSIGNED” MEANS THE RENTER, AND WHEN A RENTER IS UNDER AGE 18, IT INCLUDES SUCH RENTER’S PARENT OR LEGAL GUARDIAN SIGNING ON BEHALF OF HIMSELF/HERSELF AND ON BEHALF OF THE MINOR RENTER. THE UNDERSIGNED UNDERSTAND AND AGREE THAT SKIING, SNOWBOARDING, USING THE EQUIPMENT LISTED ON THIS FORM AND USING SKI AREA FACILITIES, INCLUDING THE LIFTS, FOR ANY PURPOSE (HEREINAFTER THE “ACTIVITY”) CAN BE HAZARDOUS AND PRESENTS A RISK OF PHYSICAL INJURY OR DEATH.
The Undersigned agree to accept for use the rental equipment “AS IS” and WITH NO WARRANTIES, express or implied. The Undersigned accept full responsibility for the care of the equipment during the rental period and will be responsible for the replacement at full retail value if not returned or returned in a damaged condition. The Undersigned further agree that the Renter listed on this form will be the only person using the rental equipment. The Undersigned agree that Renter will not use any of the equipment listed on this form until Renter has received instruction on its use and Renter fully understands the equipment’s use and function. If the Undersigned feel the equipment is not functioning properly, Renter will stop using it immediately and return it for inspection and possible repair or adjustment.
The Undersigned represent that NO MISREPRESENTATIONS HAVE BEEN MADE TO THE RENTAL SHOP IN REGARD TO RENTER’S HEIGHT, WEIGHT, AGE AND/OR SKIER TYPE listed on this form. The Undersigned agree that Renter has received instructions regarding the use of this equipment. Renter understands the function of the equipment and agrees that the binding release/retention settings appearing in the visual indicator windows on the bindings correspond to the settings recorded on this form. Renter has received satisfactory answers to any questions Renter may have regarding the use and function of this equipment. If Renter feels the equipment is not functioning properly, he/she shall stop using it and have it inspected, repaired or readjusted by a ski-binding technician.
THE UNDERSIGNED UNDERSTAND THAT THE BINDING SYSTEM CANNOT GUARANTEE RENTER’S SAFETY. In downhill skiing, 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. The Undersigned further agree and understand that the downhill ski binding system does not reduce the risk of any type of injury to Renter, including but not limited to knee injuries. The Undersigned understand that in snowboarding, cross-country skiing, ski-boarding, snow-shoeing and other sports utilizing equipment with non-releases bindings, the binding system will not ordinarily release during use; these bindings are not designed to release as a result of forces generated during ordinary operation. The Undersigned acknowledge and agree to assume and accept any and all known and unknown risks of injury to Renter while using the equipment. A minor Renter’s parent or legal guardian acknowledges: 1) they have spoken to the minor Renter about the Activity; 2) the minor Renter understands and appreciates the risks of participating in the Activity; and 3) the minor Renter has voluntarily decided to participate in the Activity.
The Undersigned understand that helmets may reduce or mitigate the severity of head injuries, but are in no way a guarantee of Renter’s safety. The Undersigned further recognize that helmets have limited capability as far as shock absorption and that serious injury or death can result from both low and high-energy impacts, even when a helmet is worn.
IN CONSIDERATION OF ALLOWING RENTAL OF THE EQUIPMENT AND PARTICIPATION IN THE ACTIVITY, THE UNDERSIGNED AGREE TO HOLD HARMLESS, RELEASE, defend and indemnify SSI Venture LLC d/b/a Specialty Sports Venture LLC, Vail Resorts, Inc., The Vail Corporation d/b/a Vail Resorts Management Company (“VRMC”), Heavenly Valley, Limited Partnership, its general partner VR Heavenly I, Inc., The Ritz-Carlton Hotel Company, L.L.C., The Ritz-Carlton Development Company, Inc., The Gencom Group, The Ritz-Carlton Management Company, L.L.C., their affiliated companies and subsidiaries, the equipment manufacturers and distributors, the United States, and all their respective insurance companies, successors in interest, agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a “Released Party”) FOR ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from the Renter’s use of the equipment, INCLUDING THOSE INJURIES AND DAMAGES CAUSED BY ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY. The Undersigned take full responsibility for any injury or loss to Renter, including death, which Renter may suffer, arising in whole or in part out of the Activity. By execution of this release, THE UNDERSIGNED AGREE NOT TO SUE ANY RELEASED PARTY and agree they are releasing any right to make a claim or file a lawsuit against any Released Party. The Undersigned further agree to defend and indemnify each Released Party for any and all claims of the Undersigned and/or a third party arising in whole or in part from the Renter’s participation in the Activity. The Undersigned agree to pay all costs and attorney’s fees incurred by any Released Party in defending a claim or suit brought by or on behalf of the Undersigned.
In consideration for supply/repair of the equipment, THE UNDERSIGNED AGREE THAT ANY AND ALL CLAIMS for injury and/or death arising from the Renter’s use of the equipment shall be GOVERNED BY COLORADO LAW (for equipment rented in Colorado), WISCONSIN LAW (for equipment rented in Wisconsin), UTAH (for equipment rented in Utah), or CALIFORNIA LAW (for equipment rented in California or Nevada), and EXCLUSIVE JURISDICTION of any claim shall be in the appropriate State Court or Federal Court for Colorado (for equipment rented in Colorado), Wisconsin (for equipment rented in Wisconsin), Utah (for equipment rented in Utah), or California (for equipment rented in California or Nevada). If any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect. This release shall be binding upon the Undersigned’s assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.
THE UNDERSIGNED AGREES TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS FEES, ARISING FROM ANY MISREPRESENTATIONS MADE IN THIS APPLICATION OR FRAUDULENT EXECUTION OF THIS AGREEMENT.
