PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
Lake Tahoe Snowmobile Tours, Inc.
In consideration of the services of Lake Tahoe Snowmobile Tours, Inc, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "LTST"), I hereby agree to release, indemnify, and discharge LTST, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that my participation in snowmobile activities, including guided tours, entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include, among other things: riding on uneven snow covered terrain; changing snow conditions and variations in elevations; loss of control of the snowmobile; falls from the snowmobile; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; collision with other snowmobiles, participants, trees, rocks, and other manmade or natural obstacles; snowmobiles are slippery when wet and accident can occur while getting on and off, pinches, bruises, abrasions, strains, burns, cuts and lacerations; exhaustion; major injuries are a risk as are musculoskeletal injuries including head, neck, and back injuries: injuries to internal organs; the negligence of participants, or other persons who may be present; steepness of slopes, snow depth, instability of snow pack or varying and difficult weather; exposure to temperature and weather extremes which could cause hypothermia, frostbite, frostnip, hypoxia, sunburn, or dehydration; encounters with animals and wildlife; altitude sickness, high altitude pulmonary edema; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; further, passengers can be thrown off the vehicle which can result in any of the above events occurring; equipment failure and mechanical and/or equipment problems: accidents or illness can occur in remote places without medical facilities; transmissible pathogen or disease; improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity.
Furthermore, LTST personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
- I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks, I agree to wear a properly fitted and secured DOT or SNELL certified helmet while participating in this activity.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless LTST from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of LTST's equipment or facilities, including any such claims which allege negligent acts or omissions of LTST.
- Should LTST or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition 1 may have.
- In the event that I file a lawsuit against LTST, I agree to do so solely in the state of California, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against LTST on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at LTST. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
EXHIBIT B
HOLD HARMLESS AGREEMENT AND RELEASE
SIERRA PACIFIC INDUSTRIES
This Hold Harmless Agreement and Release ("Release") is entered into on the Effective Date and by the “Visitor” as designated by personal information and signature provided below. Visitor desires to come upon and certain real property owned by Sierra Pacific Industries (“Company") and located at Brockway Summit, Hwy 267 Placer County, California, during the time period designated by the associated reservation with Lake Tahoe Snowmobile Tours, Inc. in which time Visitor intends to engage in snowmobiling (the "Activity”).
1. Recreational Use; Expiration. Visitor understands and agrees to all of the following: (a) the Activity constitutes a "recreational purpose" un Section 846 and that Visitor is a recreational user under such code section; (b) Visitor is entering into this Release voluntarily; and (c) Company is giving Visitor permission to come upon the Property and perform the Activity, and that Company does not expressly invite and has not in the past expressly invited Visitor, and nothing in this Release shall be construed to constitute an invitation by Company, to visit or come onto the Property.
2. Insurance. In the event any Visitor shall be operating a motor vehicle (other than a snowmobile) on the Property in connection with the Activity, at all times during the term of this Agreement, Visitor shall procure and maintain, at its own expense, automobile liability insurance in compliance with requirements of California law and shall present proof of such insurance coverage or financial responsibility to any Company representative upon request. In the event Visitor is ever discovered to be operating a motor vehicle on Company Property without proof of such insurance, Company may immediately terminate this Agreement upon oral notice to Visitor.
3. Indemnification. In consideration of Company allowing Visitor to perform the Activity on the Property, Visitor shall indemnify and hold harmless the Company Indemnitees (as defined below) from and against all claims, liabilities, losses, damages or expenses arising or relating to all acts, failures to act or other conduct of Visitor (or Visitor's employees, agents, representatives, independent contractors, material and equipment suppliers and any other entity or individual for whom Visitor is responsible), including claims, liabilities, losses, damages or expenses arising out of or relating to the active negligence or other fault of any one or any combination of the Company Indemnitees, regardless of any one or any combination of the Company Indemnitees' percentage of fault. However, Visitor shall not be obligated to indemnify and hold the Company Indemnitees harmless for claims, liabilities, losses, damages or expenses arising out of the willful misconduct of any one or any combination of the Company Indemnitees or in cases where the claim arises from any one or any combination of the Company Indemnitees' sole negligence. Visitor shall reimburse the Company Indemnitees for their attorneys' fees and other legal costs within thirty (30) days after receipt of reasonable documentation of such attorneys' fees and other legal expenses from the Company Indemnitees, unless and until the entry of a final judgment in favor of Visitor and against any one or any combination of the Company Indemnitees determining that the claims, liabilities, losses, damages or expenses were caused by the sole negligence or willful misconduct of any one or any combination of the Company Indemnitees. This indemnity provision is not intended to and shall not in any way limit the extent of any insurance coverage available to any of the Company Indemnitees under any insurance policy purchased and maintained by Visitor (even coverage for any one or any combination of the Company Indemnitees' sole active negligence). "Company Indemnitees” shall mean Company and its successors, assigns, officers, directors, employees, agents, representatives, subsidiaries and affiliates.
4. Inspection of Premises: Waiver; Assumption of Risk. Except to the extent of the contractual indemnity provided for herein:
In consideration of being permitted to enter into, about and upon the Property for any purpose, Visitor hereby acknowledges, agrees and represents that Visitor and its employees, subcontractors, representatives and agents have inspected the Property and all facilities and equipment thereon, and that Visitor finds and accepts same as being safe and reasonably suited for the purposes of Visitor and its employees, subcontractors, representatives and agents, or that Visitor will inspect the Property and all facilities and equipment thereon immediately upon entering the Property and that Visitor will find and accept same as being safe and reasonably suited for the purposes of Visitor and its employees, subcontractors, representatives and agents prior to Visitor's and such other persons use of the Property and any facilities or equipment thereon for any purpose.
In further consideration of being permitted to enter into, about and upon the Property for any purpose, Visitor hereby agrees to release, waive, discharge and covenant not to sue Company, its parents, affiliates and subsidiary companies and their respective directors, officers, employees and agents ("Releasees”) for any and all liability to Visitor and its successors, assigns, personal representatives, heirs, next of kin, executors and trustees for any damages, loss, costs or expenses, and any claims, demands or suits therefore, on account of bodily injury, sickness, disease or death, or injury to or destruction of property, whether caused by the acts, failures to act, or other conduct of the Releasees or otherwise, while Visitor and its employees, subcontractors, representatives and agents are in, upon or about the Property of Company or using any facilities or equipment thereon. Visitor waives all rights under Section 1542 of the California Civil Code, which provides as follows:
GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT EXISTS IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Visitor hereby assumes full responsibility for and risk of bodily injury, sickness, disease or death, or injury to or destruction of property, whether caused by the acts, failures to act or other conduct of Releasees or otherwise, while Visitor and its employees, subcontractors, representatives and agents are in, about or upon the Property or using any facilities or equipment thereon.
5. Compliance with Laws. Visitor expressly understands and agrees that Visitor is responsible for abiding by and complying with all “Laws,” including but not limited to all federal, state, county, and local laws, rules, codes, regulations and ordinances, all “Hazardous Materials Laws" (as defined below); and all other laws related to wages and hours worked, social security, unemployment insurance, worker's compensation, executive orders, OSHA, Cal/OSHA, California Labor Code and migrant workers and seasonal workers (individually "Law and collectively "Laws"). For the purposes of this Release, "Hazardous Material Laws" shall include any and all federal, state and local laws, regulations, ordinances, codes and policies relating to substances, chemicals, wastes, sewage or other materials that are regulated, controlled or prohibited, or related to pollution or protection of the environment, of natural resources or of public health and safety, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA"), 42 U.S.C. $ 9601, et seq.; the Resource Conservation and Recovery Act (“RCRA"), 42 U.S.C. $ 6901, et seq., the Federal Water Pollution Control Act, 33 U.S.C. $ 1251, et seq., the Clean Air Act, 42 U.S.C. $ 7401, et seq.; the California Hazardous Waste Control Act, Cal. Health & Safety Code § 25300, et seq.; the California Safe Drinking Water and Toxic Enforcement Act, Cal. Health & Safety Code $ 25249.8, et seq., and the California Porter-Cologne Water Quality Control Act, Cal. Water Code $ 13000, et seq.
6. Specific Prohibited Activities.
(a) Visitor shall strictly enforce with all its agents, employees and independent contractors "No Smoking" regulations during the Activity and throughout the Property. No smoking shall be permitted at any time and Visitor shall comply with all Laws relating to fire prevention. In addition, Visitor is strictly prohibited from starting or using campfires or other types of fire or flames of any kind while on the Property.
(b) Visitor understands and acknowledges that operation of any automobile or other motorized vehicle on any area of the Property constitutes a fire hazard. Except for motor vehicle travel on existing roadways on the Property for the purpose of meeting a commercial organizer of an Activity at a designated meeting area or operation of a snowmobile, Visitor is strictly prohibited from operating on the Property any automobile or other motorized vehicle.
7. Miscellaneous.
(a) This Release supersedes any prior discussions and agreements between Visitor and Company with respect to all the terms and conditions herein, and constitutes the sole and entire understanding of Visitor and Company with respect to Visitor's conduct of the Activity on the Property. If any action is commenced to enforce the terms and conditions of this Release, the prevailing party shall be entitled to recover all costs of such litigation, including reasonable attorneys' fees, experts' fees and court costs.
(b) This Release shall not be orally changed or modified. No modification or waiver of any provision hereof shall be valid unless in writing and signed by a party against whom it is to be enforced. Visitor acknowledges this Release has been negotiated at arm's length and Visitor has reviewed this Release and has been extended an opportunity to have legal counsel review and revise this Release. No rule of construction that ambiguities are to be resolved against the drafting party shall be employed in the interpretation of this Release.
(c) Visitor shall not assign any right(s) or duty(s) under this Release without first obtaining from Company written consent for such assignment. Any assignment in violation of this provision shall be deemed null and void.
(d) This Release shall be governed by the laws of the State of California, without giving effect to its choice of law rules.
IN WITNESS WHEREOF, Visitor has caused this Release to be executed as of the Effective Date.
Wed Apr 24, 2024
PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of the following minor(s):
being permitted by LTST and COMPANY to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless LTST and COMPANY from any and all claims which are brought by, or on behalf of minor(s), and which are in any way connected with such use or participation by minor(s).