Acknowledgment of Risk
For consideration paid and for permission to participate in the Silverton Avalanche School course in avalanche instruction, I, for myself, my heirs, successors and assigns, do hereby fully and forever release and discharge the said Silverton Avalanche School and their officers, directors, agents, and employees and all persons directly or indirectly liable from all claims and demands, actions, and cause of actions, damages costs, loss of services, expenses, and any and all other claims or damages whatsoever in both law and equity, whether arising from negligence or not, on account of or in any way resulting from personal injuries, conscious suffering, death, or property damages sustained by me or arising out of my participation the Silverton Avalanche School course, courses, programs, including, without limitation, any such injuries or death resulting from the hazards of traveling in the mountainous and/or remote terrain, accidents or illness in remote places without medical facilities, the forces of nature, and those arising out of the rigors required of such a trip or program.
1. I acknowledge that travel on snow entails known and unanticipated risks, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to other parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
The risks include but are not limited to: Mountain storms and the risks inherent in extended periods of time exposed to cold temperatures including, hypothermia and frostbite, falls and injuries while traveling on snow, and the obvious risk of injury or death due to snow avalanches. Misjudgment of the instructor and instructor error in either over-estimating the stability of the snow pack or underestimating the avalanche hazard is a potential risk.
Furthermore, the Silverton Avalanche School instructors have difficult jobs to perform. They seek safety, but they are not infallible. They might be ignorant of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
2. 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 hereby declare that I have no medical condition or injury, which would interfere with or be hazardous to myself or a party that I am traveling on the snow with during my activities with Silverton Avalanche School.
In consideration of the foregoing premises, I hereby expressly stipulate, covenant and agree to indemnify and hold forever harmless the said Silverton Avalanche School, their officers, directors, employees and other agents from any damages whatsoever which may hereafter arise from my negligence, willful or wanton, or intentional act or actions or failure to act.
The terms of this release and indemnification agreement are contractual and not a mere recital and contain the entire agreement between the parties hereto.