Spirit Mountain Liability Waiver & Membership Agreement

Release of Liability

IF YOU DO NOT AGREE, DO NOT USE THESE FACILITIES

In consideration and exchange for allowing me to use these facilities, I agree to ASSUME ALL RISKS OF INJURY inherent in snow sports activities (skiing, snowboarding, snow biking, snow skating).  I AGREE NOT TO SUE Spirit Mountain Recreation Area and its owners and employees (hereafter “ski area”), and I agree to HOLD HARMLESS and RELEASE this ski area from liability for NEGLIGENCE, STRICT LIABILITY or BREACH OF WARRANTY.  In accordance with Minn. Stat. § 604.055, this does not apply to claims for greater than ordinary negligence. I AGREE TO DEFEND AND INDEMNIFY this ski area for all claims arising from my use of this ticket, including for attorney’s fees. 

PARENTAL/GUARDIAN INDEMNITY

If the user is a MINOR, I agree, as the PARENT/LEGAL GUARDIAN, to defend and indemnify the ski area as to claims brought by the minor.  I agree to the terms of this Release on behalf of the minor user.

ASSUMPTION OF RISK

I understand snow sports at this area are INHERENTLY DANGEROUS, which cause SERIOUS INJURY OR DEATH, including from variations in snow conditions and terrain, changing weather conditions, ice, rocks, forest growth, bare spots, fencing, lift loading and unloading, towers, utility poles, jumps and terrain features, snow making, snow grooming equipment, pipes, hoses, collisions with others, collisions with natural and man-made objects, loss of control, stumps, cliffs, steep terrain, unmarked hazards, entanglements on or falls from lifts, and/or ski racing, and I ASSUME ALL RISKS.  I agree to use all facilities safely and have the ability to safely load and unload lifts, will read and follow all signage, will follow all verbal instructions, will control speed, will avoid snowmobiles, snow groomers and other natural or man-made objects, and will ABIDE BY YOUR RESPONSIBILITY CODE of the National Ski Areas Association.

We strive to provide the best possible experience for all our guests.
To ensure an enjoyable ski season, please read the following guidelines.
Membership as a Spirit Mountain Pass holder is dependent upon agreement with the following:
Season pass holders will NOT be allowed on a chairlift without their Season Pass in a visible place on their upper body.
SEASON PASSES MUST BE VISIBLE AT ALL TIMES!

 

  1. Spirit Mountain Season Passes are NON-REFUNDABLE.
  2. Spirit Mountain Season Passes are NON-TRANSFERABLE. Your Season Pass will be immediately revoked upon presentation by any other person other than to whom it is issued. Any person presenting someone elseÕs Season Pass will incur a $500 FINE.
  3. Your Season Pass may be revoked by Spirit Mountain Recreation Area, for any behavior deemed unsafe to yourself or other guests, or for any conduct which is considered misconduct, or misuse of the facility.
  4. The Spirit Mountain Recreation Area Release of Liability form must be signed or authorized on-line for your pass to be valid.
  5. There is a one-time $10 FEE for a forgotten Season Pass. You will be charged full price for a daily lift ticket any time you forget your Season Pass after that, no exceptions.
  6. If you lose your Season Pass, there is a $25 FEE the first time, to have it reprinted. Lost Season Passes will be canceled. The second time you lose your season pass you will be charged full price for the type of Season Pass you purchased, with no exceptions.
  7. Season Passes will not be mailed to you. You must pick up at Spirit Mountain during pass pick up hours beginning in the Fall. Please visit our website for those dates and times. Sign up for our email newsle]er to receive updates.
  8. A valid photo ID is required to pick up your season pass. For those under age 16, a parent or guardian will need to accompany child for pass pick up.
  9. Spirit Mountain does not guarantee operating hours and adjustments are to be expected.

 

Release of Liability and Indemnification Agreement For Spirit Mountain Recreation Area Authority

While we at Spirit Mountain work hard to provide a great experience for you and your family, there are still certain hazards that require your full attention and vigilance. Always use common sense and follow the tips listed below to make your visit safer and more fun for everyone!

Your Responsibility Code
  1. Always stay in control, and be able to stop or avoid other people or objects.
  2. People ahead of you have the right of way. It is your responsibility to avoid them.
  3. You must not stop where you obstruct a trail, or are not visible from above.
  4. Whenever starting downhill or merging into a trail, look uphill and yield to others.
  5. Always use devices to help prevent runaway equipment.
  6. Observe all posted signs and warnings. Keep off closed trails and out of closed areas.
  7. Prior to using any lift, you must have the ability to load, ride, and unload safely.

Be advised that all marking devices, signage, and/or equipment covers are used by Spirit Mountain to inform you of any potential hazards. These markers are no guarantee of your safety and will not protect you from injury. Oversnow vehicles, grooming tractors, and snowmaking equipment may be on the slopes at any time. Always give them plenty of space! We ask that you do not build jumps or obstacles of your own on the runs as they may become an unknown hazard to others.

In order to maximize the safety and enjoyment of all our guests, we will not tolerate irresponsible behavior. Those pass holders who do not adhere to the Spirit Mountain policies and Responsibility Code listed here risk losing their Season Pass privileges for doing so. Management reserves the right to suspend or revoke Season Passes in any areas of the facility for any behavior deemed inappropriate, including the use of substances which impair physical or mental abilities. We ask our guests to enjoy the openness and freedom of the winter experience: Without profanity. Without using rude behavior or gestures. Without defacing property. Without skiing or snowboarding in closed areas. Without inappropriate behavior toward Spirit Mountain personnel or other guests. Without skiing, snowboarding, or jumping recklessly. And, without improper riding of the chairlifts (which includes bouncing, swinging, vandalizing, throwing snowballs, spitting from the lifts, and jumping out of the lifts). Remember, this is your playground. Please keep it clean and be considerate of others.

I Understand and accept the fact that skiing and snowboarding in their various forms are hazardous sports that have many dangers and risks. I realize that injuries are a common and ordinary occurrence of these sports. I agree, as a condition of being allowed to use the Spirit Mountain facility and premises, that I freely accept and voluntarily assume all risks of personal injury or property damage which results in any from negligence, conditions on or about the premises and facilities, the operations of the area including, but not limited to, grooming, snowmaking, chairlift operations, actions of Spirit Mountain personnel, or other activities at the area, accepting myself the full responsibility for any and all damage or injury of any kind which may result. As a season pass holder I waive all rights to any photographic or video images taken by or for Spirit Mountain Recreation Area while exercising the right to use my Season Pass. I AGREE NOT TO SUE Spirit Mountain Recreation Area and its owners and employees.

RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS MOUNTAIN BIKING

READ CAREFULLY BEFORE SIGNING
WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT AND CONSENT FOR MEDICAL TREATMENT
SPIRIT MOUNTAIN RECREATION AREA AUTHORITY  MOUNTAIN BIKING, INCLUDING MOUNTAIN BIKE RACES, EVENTS, CAMPS, LESSONS, CLINICS AND SEASON PASSES

The participant identified below, who is at least 18 years old (the Adult) has read this agreement and has signed it, or if participant is younger than 18 (Minor), the Minors parent or legal guardian (the Adult), has read this agreement and signed it on behalf of him/herself and the Minor. The Adult or the Minor participant and the Minors parent or legal guardian collectively will be referred to herein as the Undersigned. Participant refers to the person actually taking part in some or all of the summer and winter activities, lift transport, mountain bike riding, including the Spirit Mountain Bike Park races/events, mountain bike tours, clinics, camps, lessons, or any other use of the facilities or services (collectively the Activity) at Spirit Mountain Recreation Area. The Undersigned understands and agrees that Participant will not be permitted to take part in an Activity unless this Warning, Assumption of Risk, Release of Liability, and Indemnity Agreement is fully executed.

UNDERSIGNED UNDERSTANDS AND AGREES THAT THIS AGREEMENT WILL APPLY FOR EVERY DAY PARTICIPANT ENGAGES IN ANY ACTIVITY DURING THE SEASON IN WHICH THIS PASS OR TICKET IS VALID FOR WITHOUT REQUIRING UNDERSIGNED TO SIGN AN ADDITIONAL FORM FOR EACH DAY AND/OR EACH ACTIVITY UNTIL UNDERSIGNED REVOKES IT IN WRITING AND THAT WRITING IS ACCEPTED IN A WRITING SIGNED BY SPIRIT MOUNTAIN RECREATION AREA AND THE CITY OF DULUTHÕS AUTHORIZED REPRESENTATIVES. THE PERSON SIGNING BELOW ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT BY SIGNING THIS AGREEMENT FOR HIM/HER SELF AND, IF APPLICABLE, ON BEHALF OF MINOR, HE/SHE IS ASSUMING RISKS, WAIVING RIGHTS AND RELEASING CLAIMS IN ADDITION TO THOSE ADDRESSED BY MINNESOTA LAW AND THE CITY OF DULUTH.

Undersigned understands and agrees that the Activity in which Participant will be engaged involves risks, known or unknown, inherent or otherwise and that some of which are described herein. Undersigned understands and agrees that the Activity involves strenuous physical activity that may be hazardous to some people due to their physical condition and understands and agrees that outdoor activities, especially mountain biking, involve dangers and risks that can lead to serious injury and death. Such dangers and risks include, without limitation, becoming lost or disoriented, rapidly changing weather conditions, exposure to the sun, rain, snow, hail and lightning, hypothermia, dangers caused by other persons engaged in similar activities, the possible occurrence of landslides and flooding, skin irritations and illness due to plants, wildlife encounters, horseback riders, para-gliders, falling trees and limbs.

MOUNTAIN BIKING IS A DANGEROUS AND HAZARDOUS ACTIVITY WHICH CAN RESULT IN SERIOUS INJURY OR DEATH. Mountain biking is different than road biking and may be more dangerous than road biking in that it is done on partially improved and unimproved trails and roads, as well as on naturally rugged terrain. Mountain biking involves risks, including, but not limited to, steep slopes, rocks of various sizes, trees, roots, tree stumps, cliffs, rock drops, holes and potholes, depressions, streams and creeks, dirt features and other constructed features such as bridges, ramps, ladders, bumps, berms, jumps and drops, wall-rides, elevated stunts, uneven and/or slippery trail conditions, varying slopes, variations in terrain, forest growth, loose gravel and dirt, wet surfaces, downed timber, debris, collisions, other riders, hikers and pedestrians, heavy equipment and vehicles. Trail conditions and features may change quickly due to weather, use and other factors. Undersigned understands and agrees that there are risks involved in decision-making and conduct of Spirit Mountain Recreation Areas employees involved with the Activity, including, but not limited to, the risks involved with rescue operations and/or medical care conducted or provided by Spirit Mountain Recreation Area personnel, the risks associated with decisions made by Spirit Mountain Recreation Area personnel to open and/or close terrain, and the risk that an instructor/coach/guide may misjudge Participants abilities, conditioning, or misjudge weather, terrain, trail conditions, route selection, location, or some aspect of Participants mental, emotional or physical condition that may make a certain portion of the Activity appropriate or inappropriate for the Participant.

Undersigned understands and agrees that Participant must have the physical dexterity and knowledge to safely load, ride and unload the lift and access the terrain they choose. Adult also understands and agrees that Minor may be riding the lift without being accompanied by an adult and hereby gives permission for the Minor to do so. Adult agrees that he/she will instruct and direct Minor to abide by the rules and regulations of Spirit Mountain Recreation Area and to follow instruction and direction from Spirit Mountain Recreation Area staff. Adult for him/herself and/or, if applicable, on behalf of Minor hereby freely and expressly agrees to ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH to the Participant in any way connected with the Activity. RECOGNIZING THE RISKS, ADULT VOLUNTARILY CHOOSES TO TAKE PART IN THE ACTIVITY AND, IF APPLICABLE, VOLUNTARILY CHOOSES TO ALLOW MINOR TO PARTICIPATE IN THE ACTIVITY AND REPRESENTS THAT PARTICIPANT HAS THE SKILLS AND DEXTERITY TO SAFELY PARTICIPATE IN THE ACTIVITY AND WILL AT ALL TIMES RIDE WITHIN HIS/HER ABILITIES OR PARTICIPATE IN OTHER PARTS OF THE ACTIVITY IN A PRUDENT AND RESPONSIBLE MANNER, INCLUDING FOLLOWING THE BIKE RESPONSIBILITY CODE.

By signing this Agreement Undersigned acknowledges the risks associated with the Activity and, as a condition to Participant engaging in the Activity, Undersigned agrees to (1) ASSUME ANY AND ALL RISKS OF INJURY OR DEATH to Participant while or as a result of participating in the Activity; (2) WAIVE, RELEASE, and NOT SUE, MAKE ANY CLAIMS OR FILE ANY ACTIONS against Spirit Mountain Recreation Area Authority, SMRA, City of Duluth, MN, and each of their insurance carriers, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, assignees, employees, volunteers, and agents as well as any Activity sponsors, equipment manufacturers and distributors (hereinafter the ÒIndemnified PartiesÓ) that are based on, arise or result from, in whole or in part, participation in any Activity; and (3) INDEMNIFY, DEFEND AND HOLD THE INDEMNIFIED PARTIES HARMLESS from any and all claims, demands, actions, causes of action, losses or liabilities whatsoever arising from or related to participation in any Spirit Mountain Recreation Area Activity and any loss, damage or injury, including death, that may be sustained by Participant or caused to others or their property by Participant. Undersigned agree to pay all costs, including reasonable attorneysÕ fees and disbursements, incurred by any Indemnified Party in defending an investigation, claim or suit brought by or on behalf of Undersigned.

HELMETS ARE REQUIRED while mountain biking at Spirit Mountain Recreation Area and/or participating in races/events, bike camps and/or instruction camps/lessons. Undersigned agrees that Participant will wear a helmet at all times while riding at Spirit Mountain Recreation Area and participating in Spirit Mountain Recreation Area races/events, camps, clinics and/or lessons and will operate his/her mountain bike only on marked trails or roads, unless specifically authorized to operate his/her mountain bike elsewhere by Spirit Mountain Recreation Area staff. Undersigned understands and agrees that although Participant may be wearing a helmet, a helmet cannot guarantee ParticipantÕs safety and no helmet can protect the wearer against all potential head injuries or prevent injury to the wearerÕs face, neck or spinal cord. Participant agrees to wear appropriate safety equipment, as established by industry standards and common safety practices and assumes all risks associated with failure to wear appropriate safety equipment. Prior to mountain biking Participant will inspect his/her bicycle and assure him/herself that it is in good operating order and can be safely used.

Undersigned authorizes Spirit Mountain Recreation Area and/or its authorized personnel to call for medical care for the Participant or to transport the Participant to a medical facility if, in the opinion of such personnel, medical attention is needed for the Participant. It is agreed that upon transport to any medical facility, Spirit Mountain Recreation Area shall not have any further responsibility for the Participant, and all costs associated with such medical care and related transportation provided for the Participant shall be paid by Undersigned and the Undersigned does hereby indemnify and hold harmless the Indemnified Parties of and from any costs incurred therein. Undersigned gives Spirit Mountain Recreation Area permission to take and use photographs, video recordings, or movies of Participant taken during an Activity and use and sublicense such material for any purpose in promoting Spirit Mountain Recreation Area or related activities of Spirit Mountain Recreation Area in print, brochures, advertisements, films or videos and on broadcast presentations of any sort.

The adult signing below agrees for him/herself and Minor that ALL claims arising from or related to any Activity, including for injury to person or property and/or death shall be GOVERNED BY MINNESOTA LAW, without regard to conflicts of law principles, AND EXCLUSIVE JURISDICTION shall be in District Court for St. Louis County or in Federal Court for the for the district of Minnesota. UNDERSIGNED VOLUNTARILY AND IRREVOCABLY WAIVES ANY OBJECTION TO SUCH LAW AND JURISDICTION.

I, the Undersigned (as defined on the reverse), have carefully read and understood the contents of the Agreement ABOVE AND ON THE REVERSE SIDE OF THIS FORM and I am aware that I am releasing certain legal rights that I may otherwise have. If applicable, (1) I acknowledge, as the parent or authorized legal guardian of the Minor Participant that I am signing this Agreement on behalf of the Minor Participant, and the Minor Participant and I will each be bound by all the terms of the Agreement and (2) if this Agreement is not signed on behalf of the Minor Participant, the Minor Participant will not be permitted to participate in the Activity.

COMPLETE WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT AND CONSENT FOR MEDICAL TREATMENT IS CONTINUED ON THE REVERSE SIDE OF THIS SHEET. PLEASE READ CAREFULLY BEFORE SIGNING.

This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable. THE UNDERSIGNED PARENT OR LEGAL GUARDIAN REPRESENTS AND ACKNOWLEDGES THAT HE/SHE IS ENTITLED TO AND IS SIGNING THIS AGREEMENT ON BEHALF OF MINOR AND THAT MINOR WILL BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. UNDERSIGNED UNDERSTANDS AND AGREES THAT IF THIS AGREEMENT IS NOT SIGNED ON BEHALF OF MINOR, MINOR WILL NOT BE PERMITTED TO PARTICIPATE IN ANY ACTIVITY. This Agreement shall be binding upon Undersigned's assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.

Spirit Mountain Recreation Area Membership Agreement - Adventure Park Season Pass Release of Liability

  1. Our goal is to offer the best possible service and experience for our guests. To that end, all guests and users of Spirit Mountain are expected to exhibit appropriate and respectful behavior while using our facilities, including safety awareness and adherence, demonstration of good judgment, and ability to follow Spirit Mountain’s rules and directives.
  2. To ensure an enjoyable season at the Spirit Mountain Adventure Park, please read the following guidelines. Membership as a Spirit Mountain passholder is dependent upon your understanding and agreement with the following:
    • In order to participate in Adventure Park activities, guests must have a valid Adventure Park season pass or applicable daily attraction ticket. Mountain Bike season passes are not valid for Adventure Park activities.
    • Passholders must show their season pass upon request by Spirit Mountain staff.
    • Spirit Mountain season passes are NON-REFUNDABLE and NON-TRANSFERABLE.
    • If a person is found to be actively using our facility and services without paying, he/she is in violation of our established policies and will be considered a violator. Violators will be fined $50 plus the cost of a daily attraction/lift ticket at the window rate.  Refusal is determined as theft of services and can result in the trespassing of violator(s) and law enforcement involvement.
    • A season pass will be immediately revoked upon presentation by any person other than the person to whom it was issued. Spirit Mountain reserves the right to involve law enforcement and press charges against violators for theft of services.
    • Language and behavior that is inappropriate, unsafe and/or offensive (or is in any way detrimental to the operation of Spirit Mountain) will not be tolerated. Violators are subject to loss of facility privileges, and law enforcement may be involved when deemed appropriate.
    • Always ride/play/jump in control, and be able to stop and/or avoid collisions with other people or objects. Do not create hazards.
    • Prior to using any lift or attraction, you must have the ability to load, ride, and unload safely.
    • Observe all posted signs and warnings and directives of Spirit Mountain personnel. Keep off closed trails and attractions, and stay out of closed areas. Vehicles and other riders and users of Spirit Mountain may be encountered on attractions and/or trails at any time.
    • Season passes will not be mailed to you. You must pick up your season pass at the Spirit Mountain Adventure Park during business hours. Please visit our website for those dates and times. Sign up for our email newsletter to receive updates.
    • If you forget your Adventure Park season pass, you will be charged a one-time, $10 fee for an Adventure Park all-day wristband. If you forget your season pass again during the same season, you will be charged full price for attraction tickets.
    • If you lose your season pass, there is a non-refundable $25 fee to have it reprinted. If you find your original pass, you must return the reprinted pass to Spirit Mountain. If you lose your pass a second time and wish to have it reprinted again, you will be charged full price for the type of season pass you purchased.
    • A valid photo ID is required to pick up your season pass. For those under the age of 18 who do not have a photo ID, a parent or guardian must accompany the passholder for pass pick up.
    • The Spirit Mountain Recreation Area Adventure Park Release of Liability form must be signed in person or authorized online for your pass to be valid.
    • We ask our guests to enjoy the openness and freedom of the outdoor experience without profanity, rude behavior/gestures, destruction of property, inappropriate behavior toward Spirit Mountain personnel or other guests, and reckless or unsafe behavior.
    • Smoking is not permitted while riding lifts/attractions, in lift/attraction waiting lines, within 15 feet of building entry doors, or in any other restricted area. Please smoke in designated areas only.

I understand and accept that participating in activities at the Spirit Mountain Adventure Park and elsewhere within the Spirit Mountain facility may be hazardous to my health and may result in serious injury or death. I realize that injuries are a common and ordinary occurrence of outdoor sports and recreation activities, including participation in Adventure Park activities, including but not limited to: riding the alpine coaster or zipline, or playing miniature golf. I understand that marking devices, signage, and/or equipment covers are used by Spirit Mountain to inform facility users of potential hazards, whether the hazards are obvious, non-obvious, hidden or unhidden. I understand these markers are no guarantee of safety, will not protect facility users from injury, and other unmarked obstacles or hazards may exist. I agree, as a condition of being allowed to use the Spirit Mountain facility and premises, that I freely accept and voluntarily assume all risks of personal injury or property damage which results from any negligence, conditions on or about the premises and facilities, operations of the area, actions of Spirit Mountain personnel, or other activities at the area, accepting myself the full responsibility for any and all damage or injury of any kind which may result. As a season passholder I waive all rights to any photographic or video images taken by or for Spirit Mountain Recreation Area while exercising the right to use my season pass.