Waiver of Release and Liability

PARTICIPATION, WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

I acknowledge that I have voluntarily requested to participate in Ski lessons with E3 Coaching. 

I am aware that lessons will include demonstrations of skiing skills and techniques such as ascending and descending over variable terrain, stopping, turning, and other physically strenuous movements required to control skis on natural surface trails and human-made features. I am aware that I could experience serious injury or death in the event of a crash. I am voluntarily participating in these activities with knowledge of the danger involved and agree to assume any and all risks of bodily injury, death, or property damage.

WAIVER
In consideration of permission to participate in Ski lessons with E3 Coaching, I, on behalf of myself, my heirs, personal representatives, or assigns, DO HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE E3 COACHING FROM ANY AND ALL CLAIMS ARISING FROM THE ORDINARY NEGLIGENCE OF the aforementioned party. This agreement applies to 

1) personal injury (including death) from accidents or illnesses arising from participation in Ski lessons with E3 Coaching and to 

2) any and all claims resulting from the damage to, loss of, or theft of personal property.

ASSUMPTION OF RISK
Skiing, by its nature, carries with it inherent risks that cannot be eliminated regardless of the care taken to avoid injuries. Ski lessons with E3 Coaching involves demonstration of skiing skills and techniques that require quick movements involving speed and change of direction, exertions of strength, and can involve stress on the cardiovascular system. Ski lessons with E3 Coaching MAY also involve other participants, which present hazards associated with multiple users in a defined space. Ski lessons with E3 Coaching will occur outdoors which carries inherent risks including but not limited to wildlife, falling objects, uneven ground, etc.

The specific risks involved in Skiing can range from 1) minor injuries such as scratches, bruises, and sprains to 2) major injuries such as concussions, broken bones, and heart attacks to 3) catastrophic injuries including paralysis and death
I AGREE TO FOLLOW ALL POSTED AND/OR ANNOUNCED SAFETY RULES, AND ALL RULES COMMON TO SKIING. I agree to report any unsafe practices, conditions, or equipment to E3 Coaching. 

MEDICAL HISTORY
I certify that 1) I possess a sufficient degree of physical fitness to safely participate in Ski lessons with E3 Coaching, 2) I understand that I am to discontinue any activity at any time I feel undue discomfort or stress, 3) I will indicate in my registration any health-related conditions that might affect my ability to safely ski and 4) I will verbally inform E3 Coaching immediately if I am feeling unwell or have any concerns that arise. 

EMERGENCY MEDICAL CARE
In the event of a medical emergency, I authorize and give my consent and permission to E3 Coaching to provide any and all medical assistance, including but not limited to first aid, arranging treatment by medical personnel, physicians, nurses, or paramedics, and to authorize any emergency medical treatment. I further understand that in the event of a medical emergency I WILL BE FINANCIALLY RESPONSIBLE FOR ANY EXPENSES INCURRED. 

INSURANCE:  I understand that I am solely responsible for any medical, health, or personal injury costs relating to my participation in Ski lessons with E3 Coaching. I understand that I am strongly encouraged to have a medical physical examination and purchase health insurance prior to any and all participation in Ski lessons with E3 Coaching.

INDEMNIFICATION AND HOLD HARMLESS 
I also agree to HOLD HARMLESS AND INDEMNIFY E3 COACHING from all claims resulting from my negligence. I further agree to pay all costs and attorneys’ fees incurred by E3 Coaching in investigating and defending a claim or suit if my claim is withdrawn, or to the extent, a court or arbitration determines that E3 Coaching is not responsible for the injury or loss. I have read the previous paragraphs and I KNOW THE NATURE OF THE ACTIVITIES involved in Ski lessons with E3 Coaching. I UNDERSTAND THE DEMANDS of those activities relative to my physical condition and skill level. I HEREBY ASSERT THAT MY PARTICIPATION IS VOLUNTARY AND THAT I KNOWINGLY ASSUME ALL SUCH RISKS. 

MINOR RELEASE 
I, THE MINOR’S PARENT AND/OR LEGAL GUARDIAN, UNDERSTAND THE NATURE OF THE ACTIVITY OR ACTIVITIES AND THE MINOR’S EXPERIENCE AND CAPABILITIES AND BELIEVE THE MINOR TO BE QUALIFIED, IN GOOD HEALTH, AND IN PROPER PHYSICAL CONDITION TO PARTICIPATE IN SUCH ACTIVITY OR ACTIVITIES. I HEREBY RELEASE, DISCHARGE, COVENANT NOT TO SUE, AND AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS EACH OF THE RELEASEES FROM ALL LIABILITY CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON THE MINOR’S ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF ONE OR MORE OF THE RELEASEES OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATION AND FURTHER AGREE THAT IF DESPITE THIS RELEASE, I, THE MINOR, OR ANYONE ON THE MINOR’S BEHALF MAKES A CLAIM AGAINST E3 COACHING, I WILL INDEMNIFY AND HOLD HARMLESS E3 COACHING FROM ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS, LIABILITY, DAMAGE, OR COST ANY MAY INCUR AS THE RESULT OF ANY SUCH CLAIM. I GIVE TO E3 COACHING AND ITS PARTICIPANTS PERMISSION TO USE, PUBLISH AND REPUBLISH IN ANY MEDIA OR REPRODUCTIONS OF MY CHILD IN PHOTOGRAPHS OR VIDEOS FOR PERSONAL OR PROMOTIONAL USE, WITH OR WITHOUT IDENTIFICATION OF MY CHILD BY NAME.
ACKNOWLEDGMENT OF UNDERSTANDING 

I HAVE READ THIS WAIVER of liability and indemnification agreement and fully understand its terms. I understand that by submitting this form, I am giving up substantial rights, including my right to sue. I acknowledge that I am accepting this agreement freely and voluntarily, AND INTEND MY ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY.

"I" refers to the signer of this document