This agreement, waiver, and release (“Release”) is entered by and between the undersigned guest and Tahoe Club Company, LLC dba Tahoe Mountain Club (hereinafter “Club”). The term “Club Group” herein shall include the Club, its partners, parents, subsidiaries, and affiliates, and any of their respective members, managers, directors, officers, shareholders, employees, agents, representatives, successors, and assigns. No changes to this Release are permitted without the express, written consent of the General Manager of the Club.
Assumption of Risk; Release of Liability; Indemnity; Authorization: All physical activity carries with it inherent risks to individuals of all ages. The premises and facilities of the Club, and the use thereof, present hazards which, if not avoided, can cause serious injury or death.
As consideration for my being permitted to use the Club or its facilities, I EXPRESSLY AND VOLUNTARILY AGREE TO ASSUME ALL RISK OF INJURY OR DEATH resulting therefrom and HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE CLUB GROUP with respect to any and all liability (including liability arising from the negligence of the Club Group) for claims, causes of action, injuries including death, damages, demands, costs, loss of services, expenses, theft, attorneys’ fees, and other claims, known or unknown, of whatever nature arising out of, or relating to, the use of the Club, its premises and/or facilities (collectively, “Claims”). Furthermore, I agree to indemnify, defend, and hold harmless the Club Group from and against: (a) any Claims by the undersigned or by others; and (b) any related fines, fees, costs, charges, or expenses, including attorneys’ fees. I agree that this Release applies to me and any family member or guest of mine (collectively, “We”) and to each and every use We make of the Club, its premises and/or its facilities.
We expressly agree that the release, assumption of risk, and indemnity herein is intended to be as broad and inclusive as is permitted by the law of the State of California and that, if any portion hereof is held invalid, it is agreed that the balance shall remain and continue in full legal force and effect.
I hereby authorize the Club to contact me by mail, telephone (by call or by text), or email (as noted above) regarding the Club, including soliciting me for membership.
Responsibility for Medical Conditions; Signs and Labels; Notifying Staff. We understand that We are responsible for monitoring our condition at all times. If during the use of the Club’s premises and/or facilities, unusual medical symptoms occur, We will cease our participation and seek prompt medical attention. Prior to using the premises and/or facilities, We will read all warning labels, instructions, signs and placards on, or in, the premises and/or facilities. If We are unsure how to use any item on, or in, the premises and/or facilities, We will seek the assistance of staff. We will immediately report any item on, or in, the premises and/or facilities that is not functioning properly to staff. We will not attempt to use or fix any item on, or in, the premises and/or facilities that is not working properly.
California Law and Waiver of Jury Trial: This Release and any claim, controversy or dispute arising out of it, or arising out of use of the Club’s premises and/or facilities, shall be governed by and construed in accordance with the laws of the State of California. The undersigned hereby knowingly, voluntarily, and unconditionally waives the right to a jury trial of any claim, controversy or dispute arising out of this Release, or arising out of the use of the Club’s premises and/or facilities. This waiver applies to each family member and guest of mine.
Release, Assumption of Risk, and Agreement as to Minors: With respect to participation by a minor, I, the undersigned parent, guardian, or custodian of the minor, for myself and on behalf of the minor, hereby: (a) voluntarily assume all of the risks of physical injury or death that may result from the use of the Club’s premises and/or facilities as described above; (b) RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE CLUB GROUP with respect to any and all Claims, per the terms stated above; and (c) agree that all other terms of this Release apply to the minor.