Acknowledgement of Risks and Hazards and Area Policies Agreement

Under Alaska law, the risk of an injury to person or property resulting from any of the inherent dangers and risks of skiing rests with the skier. Inherent dangers and risks of skiing include changing weather conditions, existing and changing snow conditions; bare spots, rocks, stumps and trees; collisions with natural objects, man-made objects, or other skiers; variations in terrain; and the failure of skiers to ski within their own abilities.

Use of Eaglecrest Ski Area facilities and equipment, including skiing, snowboarding, other recreational activities, and the use of aerial and surface lifts, are HAZARDOUS.  Falls and injuries are a common occurrence, therefore requiring the deliberate and conscious control of your body, through the proper use of equipment, both on the ground and in the air, in relation to ever-changing variables and dangers.  Safety is directly affected by your judgment in the severe elements of mountain forest terrain.  Ski, ride and participate in all recreational activities within your own ability.  Be alert to continually changing weather, visibility and surface conditions and other inherent risks, including but not limited to: existing and changing surface or sub-surface snow and ice conditions, dirt, grass, bare spots, forest growth, trees, rocks, stumps and other natural objects, and collisions with or falls resulting from such natural objects; lift towers and components thereof, lights, signs, posts, fences, mazes or enclosures, hydrants, water or air pipes (all the foregoing whether above or below the snow surface), snowmaking and snow grooming equipment, marked or lighted trail maintenance vehicles and snowmobiles, other man-made structures or objects and their components, and collisions with or falls resulting from such man-made objects; variations in steepness or terrain, whether natural or as a result of slope design; snowmaking or snow grooming operations, including but not limited to jumps, roads and catwalks or other man-made or natural terrain modifications and features including terrain parks, elements and half-pipes; the presence of and collisions with other skiers and riders and the failure of others to ski and ride safely, in control or within their own ability.

I understand that entering or skiing in a “CLOSED” or “ROPED OFF” area is illegal. The ski area operator shall have the right to confiscate or revoke the privileges conferred by my pass if an authorized representative feels that I: 1) act in any manner that endangers or may endanger the safety of myself or any other person; 2) violate the law; 3) provide ski lessons or related services for compensation without express authorization; or 4) engage in misconduct, harassment or create a nuisance to employees and or other guests. Such acts may also be prosecuted as a criminal offense.

I agree to (a) present my pass to any area authorized representative upon request; and (b) refrain from skiing, riding or participating in these and all other activities at the Released Parties’ facilities in a reckless manner, or any other misconduct, acknowledging that my season pass or multi-visit
card may thereafter be revoked.

I understand my season pass is NOT TRANSFERABLE and cannot be re-sold. In the event my season pass or multi-visit card is lost, stolen, broken or unrecognizable, I must pay a non-refundable fee of $50 for any replacement pass or multi-visit card. I may be offered ONE misplaced season pass lift ticket for my use ONLY. Any misuse or unauthorized transfer of my season pass or related products will result in the loss of privileges and the pass being voided with no refund. My season pass and multi-visit card expires at the end of the season and may have other restrictions.

This document supersedes any other agreements or representations by and between the parties and is governed by the laws of the State of Alaska. I intend this document to be interpreted as broadly as permissible. I agree that exclusive jurisdiction and venue for any legal action shall be submitted to the state or federal courts in the state of Alaska and such courts shall have sole jurisdiction, and no claims against the Released Parties shall be brought in any other jurisdiction. If any part of this agreement is determined to be unenforceable, all other parts shall still be given full force and effect.  I agree that there have been no warranties, expressed or implied, which have been made to me, which extend beyond the description of the equipment or activities listed on this form.

I have carefully read this important document and fully understand its contents. Under Alaska law, I acknowledge the inherent risks associated with undertaking recreational activities at Eaglecrest. I understand that should I suffer injuries or damages related to that inherent risk, I will be barred from
suing Eaglecrest as to those injuries. I freely and voluntarily enter this agreement and by signing below acknowledge I have had time to read this agreement and understand the nature of this agreement. Lastly, by signing, I acknowledge I have the ability to sign and agree to the terms of this agreement.

NO REFUNDS OR CREDITS FOR ANY WEATHER RELATED REASON.

Refunds will be considered for the following reasons only: moving out of town or medical. Both need to be in writing with proof of circumstance, such as physicians' notes. Requests for refund MUST be submitted within 2 weeks of the date of injury or incident. Any Season pass or Multi-visit Card must be returned to Eaglecrest prior to refund being issued. Refunds will not be considered after the close of our season.

Season Pass Holders — Refunds granted for either of the above reasons will be pro-rated based on the estimated number of days open minus the total number of days pass could have been used up to date of injury or move, minus 25% admin fee. College season passes are not eligible to be refunded if you are moving out of town to return to school.

Multi-Visit Card Holders – Refunds granted for either of the above reasons will be pro-rated for remaining visits on card minus 25% admin fee.