SUN VALLEY HELI SKI’S WAIVER, RELEASE, AND 

COVENANT NOT TO SUE AGREEMENT

THIS IS A LEGALLY BINDING AGREEMENT. Read this document carefully and in its entirety.  By signing this agreement, you give up your right to bring a court action to recover damages or obtain any other remedy for any personal injury or property damage however caused arising out of your participation in Sun Valley Helicopter Ski Guide, LLC dba Sun Valley Heli Ski’s (“SVHS”) Services and use of its facilities, transportation, and equipment.  I hereby acknowledge and agree that participating in SVHS Services and use of SVHS’s facilities, transportation, and equipment comes with inherent risks as further described herein.

WAIVER AND RELEASE

The undersigned hereby releases, waives, and discharges SVHS, its directors, officers, employees, and agents (hereinafter referred to as “Releasees”) from all liability to the undersigned, his/her/their personal representatives, assigns, heirs, and next of kin (“Related Parties”) for any loss or damage, and any claim or demands therefor on account of injury to the person or property or resulting in death of the undersigned, whether caused by the negligence of the Releasees or otherwise while the undersigned is participating in any program, activity, or Service (as defined below) administered by SVHS, without respect to location, or as a result of using any of SVHS’s Equipment (as defined below) whether caused by the negligence of the Releasees or otherwise. 

The undersigned hereby agrees to indemnify, defend, save, and hold harmless the Releasees and each of them from any loss, liability, damage, or cost they may incur due to the participation of any program, activity, or Service (as defined below) administered by SVHS whether caused by the negligence of Releasees or otherwise, without respect to location, or as a result of using any of SVHS’s Equipment (as defined below) whether caused by the negligence of the Releasees or otherwise.

In consideration of the Services (as defined below) to be provided by SVHS, you are voluntarily entering into this Waiver, Release, and Covenant Not to Sue, in which you, on behalf of the Related Parties, agree to the following:       

RECOGNITION AND ASSUMPTION OF RISKS:

The undersigned acknowledges and expressly assumes that the undersigned’s participation in the Services that SVHS administers, provides, and/or oversees entails known and unknown risks (including but not limited to inclement and extreme weather and altitude, hidden obstacles and/or hazards, extreme terrain, getting lost or separated from SVHS staff, and strenuous physical activity) that can result in physical or emotional injury, paralysis, death, or damage to yourself, to your property, or to third parties.                                                                                                                                              

The Services provided by SVHS include, but are not limited to:     

* Vehicular transportation, including by car, bus, and/or snowmobile;

* Flying in a helicopter in a high alpine mountain environment;                                                                     

* Backcountry skiing, snowboarding and touring;                                                                                          

* Being involved in a search or rescue (including evacuation with a snowmobile) or any other activity provided by SVHS.

* Using SVHS’s equipment, including, but not limited to, skis, ski poles, snowboards, avalanche beacons, avalanche floatation backpacks, clothing, accessories, or any other equipment of SVHS that you use while you participate in the Services (collectively the “Equipment”); and

All of the above actions and activities are collectively called the “Services.” The undersigned understands  and agrees to attend a safety briefing prior to participating in the Services and that the undersigned will have the opportunity to ask any questions regarding the Services, the Equipment, or anything of concern before departing.

THE UNDERSIGNED EXPRESSLY ACKNOWLEDGES THAT KNOWN AND UNKNOWN RISKS EXIST AND EXPRESSLY ASSUMES SAID RISKS.

USE OF PERSONAL EQUIPMENT. The undersigned understands and acknowledges that should the undersigned use any of personal equipment not provided by SVHS, the undersigned does so at his/her/their own risk and are solely responsible for the equipment’s suitability, usability and condition. The undersigned also agrees that if SVHS adjusts, fixes or otherwise handles personal equipment in any way, that the undersigned indemnifies, defends, and hold SVHS harmless for any claims, damages, or other actions that may arise as a result of any such adjustment.

MEDICAL EMERGENCY.  In the event of a medical emergency, the SVHS or its representatives, including the medical personnel selected by them, have the undersigned’s permission to take whatever means they deem reasonable to render such emergency medical diagnosis and treatment as is deemed necessary, including examination, injection, anesthesia and surgery, and that the undersigned will be responsible for any medical expense incurred.

COVENANT NOT TO SUE.  The undersigned hereby agrees not to institute any action or suit at law or in equity against the Releasees for any and all claims or actions for personal injury, death, or property damage, whether caused by SVHS’s own negligence, or any other act or omission however caused, in connection with participation in the Services.                                                                    

RELEASE AND ASSIGNMENT OF MEDIA RIGHTS. You hereby assign all rights, title and interest you may have in any and all media which contains your name and/or likeness and consent to the use by SVHS of any media/images of you in connection with the Services (digital, video, print or otherwise) for commercial purposes, (including the sale to third parties) without restriction as to frequency, duration or medium.

MISCELLANEOUS.  This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho, without regard to its conflict of laws principles.  If portions of this Agreement are invalid, then I agree that the remaining portions will remain enforceable.  The parties agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state courts located in Blaine County, Idaho, or, if applicable, the United States District Court for the District of Idaho.  The undersigned irrevocably submits to the personal jurisdiction of such courts and waives any objection based on improper venue or inconvenient forum.

THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THIS WAIVER, RELEASE, AND COVENANT NOT TO SUE AND FURTHER AGREES THAT NO REPRESENTATIONS, STATEMENTS, OR INDUCEMENT TO SIGN THIS WAIVER, RELEASE, AND COVENANT NOT TO SUE HAVE BEEN MADE.

Participant signature: _________________________ Date:  _____________________

Participant Name: ____________________________ Email: _____________________

Participant Under 18 Years of Age: As parent/guardian signing this Waiver, Release, and Covenant Not to Sue for the above-named minor, the undersigned acknowledges that he/she/they are authorized to sign this Waiver, Release, and Covenant Not to Sue for the minor. The undersigned acknowledges and agrees that he/she/they have read the above Waiver, Release, and Covenant Not to Sue, and that by signing this Waiver, Release, and Covenant Not to Sue on behalf of the minor, the minor and the undersigned agree to be bound by its terms. 

Guardian signature:  __________________________ Date: _____________________

Guardian Name:  _____________________________

Participant Name: ____________________________