Ski Club 2025 Liability Waiver

WAIVER AND RELEASE OF LIABILITY and COVID-19 RELEASE

"Member" means the undersigned, being at least 18 years old, or a minor and his or her undersigned parent, legal guardian, signing on behalf of himself or herself and the minor.

In consideration of the rights and privileges of participating in the St. Charles Parish SKI and SNOWBOARD CLUB (hereinafter "CLUB"), the receipt and sufficiency of which is expressly acknowledged, Member understands, warrants, and agrees as follows:

1. Alpine, Nordic, freestyle skiing and snowboarding (hereinafter "the activity") are inherently dangerous recreational activities and involve the risk of serious injury, including permanant disability, death and other losses both to self and property. These losses might result from Member's action, inaction or negligence, as well as the actions, inaction and negligence of others.
2. I understand that there is an inherent risk of exposure to Covid-19 at the SKI CLUB OUTINGS. Covid-19 is an extremely contagious disease that can lead to severe illness, permanent disability, and/or death. According to the CDC, senior citizens, adults and children with underlying medical conditions are especially vulnerable. I am voluntarily attending SKI CLUB OUTINGS and assume all risks related to possible exposure to Covid-19.
3. Member is responsible for his or her own safety while participating in the activity and shall be expected to act within the limits of his or her ability, heed all warnings regarding the activity, the environment and the premises, maintain control of self and any and all equipment and obey all rules of the venue.
4. Member shall, as a condition of his or her participation in the CLUB, exercise reasonable care for his or her own safety as well as the safety of others and shall abide by and conduct himself or herself in a manner consistent with the rules and regulations of the CLUB and of St. Charles Parish, including but not limited to the Code of Conduct.
5. Member shall be solely responsible for the selection, maintenance and wearing the appropriate safety equipment, including but not limited to eye, head and other protective gear while participating in the activity.

Aware of the risks and willing to assume them, Member on behalf of himself or herself, spouse, heirs, assigns, related individuals and entities does hereby waive, release, discharge and agree to hold harmless, St. Charles Parish, including it representatives, volunteers, leaders, sponsors, officers, teachers, coaches, insurers, directors, employees, and agents (collectively "Released Entities") from and against any and all rights, claims, demands, obligations, causes of action, suits, damages or liabilities of any kind whatsoever, whether known or unknown, suspected or claimed, which Member shall or may have in the future against Released Entities arising out of, based on, related to, or connected with Member participation in the CLUB and CLUB-related activities. Member agrees to indemnify Released Entities from the payment of any costs, including attorneys' fees associated with the defense of any claim, action or proceeding of any type arising out of Member's participation in CLUB activities, including by not limited to breach of contract, negligence, whether caused by sole negligence of the Released Entities, the concurrent negligence of Release Entities with Member or any other person or otherwise, strict liability or otherwise. This agreement does not release Released Entities from any liability incurred due to their intentional or reckless conduct.

If any term of this Agreement is found unenforceable, the remaining terms will remain in force and enforceable. This Agreement shall be construed according to the laws of Wisconsin, and jurisdiction shall be the Courts of Milwaukee County of the State of Wisconsin.

This Agreement shall remain in force until a written revocation is delivered to the advisor assigned to the CLUB. Member understands that revocation of this Agreement will result in Member being unable to participate in CLUB and any CLUB activities.

I have read this document in its entirety and I freely, voluntarily and knowingly choose to execute it. I acknowledge that there are other ski clubs and ski opportunities, facilities and activities which I could use and in which I could participate if I did not wish or choose to use the St. Charles Ski Club and sign this waiver and release. I hereby waive any right I may have to bargain for different terms of this waiver and recognize that a narrower waiver would increase the costs associated with my use of the St. Charles Ski Club and/or could limit or preclude my use of it.