Under Colorado law, a skier assumes the risk of any injury to person or property resulting from any of the inherent dangers and risks of skiing and may not recover from any ski area operator for any injury resulting from any of the inherent dangers and risks of skiing, including: Changing weather conditions; existing and changing snow conditions; bare spots; rocks; stumps; 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. (The Ski Safety Act as amended in 2004 includes cliffs, extreme terrain, jumps, and freestyle terrain as inherent risks.)


By using this pass, the holder ASSUMES ALL RISKS OF SKIING, SNOWBOARDING, LOADING, RIDING AND UNLOADING LIFTS, TUBING, AND ALL OTHER ACTIVITIES ACCESSED THROUGH THIS PASS, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE, AND ALL OTHER RISKS ENCOUNTERED AT THE SKI AREA, AND AGREES TO RELEASE, INDEMNIFY, DEFEND, HOLD HARMLESS, AND NOT SUE PowderMonarch LLC or the United States Government, and its members, owners, parents, subsidiaries, affiliates, employees, volunteers, officers, directors and insurance carriers (“released parties”) from or for any and all liabilities and/or claims for injury or death to any persons or damage to any property arising from any of the activities accessed through this pass and/or the condition of the ski area, INCLUDING INJURIES AND DAMAGES CAUSED BY ANY RELEASED PARTY’S NEGLIGENCE.  Additionally, Holder agrees that ALL CLAIMS ARISING OUT OF HOLDER’S USE OF THE SKI AREA shall be GOVERENED BY COLORADO LAW and EXCLUSIVE JURISDICTION shall be in state court located in Chaffee County, Colorado.  Holder understands that snowmobiles, snowcats, snowmaking equipment, vehicles, and/or people may be encountered anywhere at the resort.  This pass is revocable by any resort personnel if in his/her sole judgment Holder engages in any improper conduct, commits any act which endangers Holder or others, or is unlawful.