TELLURIDE HELITRAX

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Helitrax, Inc., their owners, agents, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf, including but not limited to Mountain Blade Runner, LLC (hereby collectively referred to as “Helitrax”) and its “Related/Affiliated Parties” Telluride Resort and Spa L.L.C., a Delaware limited liability company, Peaks Capital Partners, LLC, a Colorado limited liability company and The Peaks Owners Association, Inc., a Colorado nonprofit corporation and their respective Members, Managers, directors, officers, partners, owners, employees, agents and representatives, I hereby agree to release and discharge Helitrax, the Department of Agriculture/U.S. Forest Service and the Related/Affiliated Parties on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estate as follows:

  1. I acknowledge that heli-skiing activities entails known and unanticipated risks which could result in physical or emotional injury, death, or damage to myself, to my 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 : helicopter skiing is usually accompanied by beautiful mountain scenery. Those same beautiful mountains pose a risk of avalanches. Avalanches may be caused by natural forces include the steepness of slopes, snow depth, instability of the snowpack or changes in the weather conditions. Helitrax, or its staff, may misjudge whether the terrain is safe for skiing or where or when an avalanche may occur. The natural beauty of the mountainous areas used for helicopter skiing sometimes hides dangerous obstacles. Those obstacles may be hidden by snow and include, but are not limited to, ice and snow cornices, tree wells, tree stumps, creeks, rocks, boulders, forest deadfall, holes, depressions below the snow surface and varying and difficult snow conditions. Traveling to and from activity locations raises the possibility of any manner of transportation accidents; transmissible pathogen or disease; The ski terrain may not have been skied previously and skiing companions by skiing forested areas, wild rugged terrain, or bad weather. Communication in this mountainous terrain is always difficult and in the event of an accident; rescue and medical treatment may not immediately be available.Furthermore, Helitrax guides have a difficult job to perform. The seek safety, but they cannot guarantee your safety in a mountain environment. They might be ignorant of a participant’s fitness and abilities. They might not be able to forecast the weather, or anticipate hazards posed by the elements of terrain. They are not infallible, and 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 the risks arising out of my participation in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
  3. I hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless Helitrax, the United States Forest Service and the Related/Affiliated Parties, 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 Helitrax equipment or facilities, including any such claims which allege negligent acts of omissions of Helitrax and the Related/Affiliated Parties.
  4. I hereby release and indemnify the Telluride Ski and Golf Company (“ TSGC ”) their subsidiaries, affiliates and respective officers, directors, agents, servants and employees of and from any and all liability claims, demands, action and causes of actions whatsoever arising out of or related to an loss, damage or injury to property or person including death, that may be sustained by any person during the course of Helitrax operations on or over (1) the incorporated Town of Mountain Village or (2) the area located within the TSGC’s U.S. Forest Service Special Use Permit for the Telluride Ski Area.
  5. Should Helitrax, the Related/Affiliated Parties or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to defend, indemnify and hold them harmless for all such fees and costs.
  6. I certify that I have adequate insurance to cover injury or damage I may cause or suffer while participating, or else I agree to bear the costs of injury or damage myself. I further certify that I am willing to assume the risks of any medical or physical condition I may have.
  7. In the event that I file a lawsuit against Helitrax and/or the Related/Affiliated Parties, I agree to do so solely in a state court of competent jurisdiction in San Miguel County, Colorado, and I further agree that the substantive law of the State of Colorado, shall apply in that action without regard to conflict of law rules of that state. I also agree that the substantially prevailing party in any action shall recover their attorney fees and costs as well as their cost and expenses for any expert witnesses.
  8. I agree to the terms and conditions stated herein. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is injured 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 Helitrax and the Related/Affiliated Parties on the basis of any claim from which I have been released herein.

I have had sufficient opportunity to read this entire document. I have read and understood it and agree to be bound by its terms.

THIS IS A RELEASE OF LIABILITY. DO NOT SIGN THIS RELEASE IF YOU DO NOT UNDERSTAND IT.