ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMEN 

PLEASE READ CAREFULLY BEFORE SIGNING.

THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

The person who is assigning with, taking part in skiing and sledding activities at Mt. Aggie, shall be referred to hereinafter as “PARTICIPANT”.  “THE UNDERSIGNED” means only the PARTICIPANT when the PARTICIPANT is 18 or older OR it means both the PARTICIPANT and the PARTICIPANT’s parent or legal guardian when the PARTICIPANT is under the age of 18.  THE UNDERSIGNED agree and understand that taking part in skiing and sledding activities and/or any other uses of equipment and facilities, (hereinafter the “EVENT”) can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH.

THE UNDERSIGNED further agree and understand that risks associated with the EVENT, in addition to those previously listed, include, but are not limited to:  equipment malfunction; surface conditions; marked or unmarked obstacles; slick  or uneven riding or walking surfaces; strenuous activity; sharing Mt. Aggie facilities and EVENT venues with people directly involved and/or not directly involved in the EVENT.  PARTIPANT understands and acknowledges he/she has been informed and understands all rules and regulations of participation in the EVENT.  PARTICIPANT is responsible for reading, understanding and complying with all signage.   PARTICIPANT recognizes the falls and collisions occur and injuries are a common and ordinary occurrence of the EVENT.

In consideration of allowing the PARTICIPANT to participate in the EVENT, THE UNDERSIGNED hereby agree to ASSUME ALL RISKS associated with the PARTICIPANT”s participation in the EVENT.  Additionally, THE UNDERSIGNED agree to HOLD HARMLESS, RELEASE, DEFEND, AND INDEMNIFY, The Mountain Sports Club and its officers and advisors; Texas A&M University; its affiliated organizations; the State of Texas; the United States, and their insurance carriers, their respective agents, employees, representatives, assignees, officers, and directors for ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from the PARTICIPANT’s participation in the EVENT, including those claims based on any RELEASED PARTY’s alleged or actual NEGLIGENCE OR BREACH of any express or implied WARRANTY.  By signing this release, THE UNDERSIGNED agree that they are releasing any right to claim or file a lawsuit against any Released Party.  THE UNDERSIGNED AGREE TO DEFEND AND INDEMNIFY each RELEASED PARTY for any and all claims of THE UNDERSIGNED and/or a third party arising from the PARTICIPANT’s participation in the EVENT.

The UNDERSIGNED represent that the PARTICIPANT is in good health and there are no special problems associated the his/her care.  THE UNDERSIGNED authorize any RELEASED PARTY and/or their authorized personnel to call for medical care for the PARTICIPANT or to transport the PARTICIPANT to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed.  THE UNDERSIGNED agree that upon PARTICIPANT’s transport to any such medical facility or hospital that the RELEASED PARTY shall not have any further responsibility for PARTICIPANT.  Further, THE UNDERSIGNED agree to pay all costs associated with such medical care and related transportation provided for PARTICIPANT and shall indemnify and hold harmless the RELEASED PARTY from any costs incurred therein, or any claims originating therefrom.

In the case of a minor, the undersigned parent or legal guardian acknowledges the he/she is also signing this release on behalf of the minor PARTICIPANT and that the minor PARTICIPANT shall be bound by all the terms of this release.  Additionally, by signing this release as the parent or legal guardian of a minor PARTICIPANT, the parent or legal guardian understands the he/she is waiving certain rights on behalf of the minor that the minor otherwise may have.  The undersigned parent or legal guardian agrees that but for the foregoing, the minor would not be permitted to participate in the EVENT.

By signing this release without a parent or guardian’s signature, the PARTICIPANT represents that he/she is at least 18 years of age, or if signing as the parent or guardian of the PARTICIPANT, you represent that you are the legal parent or guardian of the minor PARTICIPANT. 

THE UNDERSIGNED agree and understand that his release is applicable to each and every day PARTICIPANT participates in the EVENT.

This release shall be binding to the fullest extent permitted by law.  If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties.  This release shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of THE UNDERSIGNED. 

I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS, AND AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OTHERWISE MAY HAVE.

____________________________________              ___________________________________              ___________________                Printed Name of PARTICIPANT                                 Signature of PARTICIPANT                                      Date                    

____________________________________              ___________________________________              ___________________                Printed Name of Parent or Guardian                             Signature of Parent or Guardian                                  Date                    

Emergency Contact:   _______________________________   Relation:  _________________     Phone: (_____)_____________________