Teacup Lake Nordic Club (and its associated brand Mt. Hood Nordic) is an Oregon 501(c)(3) non-profit corporation ("TEACUP NORDIC") operating facilities and programs on land in the Mt. Hood National Forest under a Ski Area Term Special Use Permit from the US Forest Service. Our work supports various sports, events, and public activities including, but not limited to, cross-country skiing, running, hiking, roller skiing, trail and facilities maintenance, outdoor education, and volunteering; this includes associated activities throughout the Oregon / Washington region (hereafter "Activities"). All who choose to participate in such Activities offered by TEACUP NORDIC are voluntarily requesting to have the right of participation in exchange for: proactively affirming they want to waive their opportunity to bargain, and proactively waiving certain rights, including those mentioned below. All skiers and their related parties acknowledge and affirm the following:
- I voluntarily request the right to participate in Activities offered and understand and appreciate the risk of the Activities in which I desire to participate. I acknowledge that ORS § 30.975 provides that an individual who engages in the sport of skiing accepts and assumes the inherent risks of skiing insofar as they are reasonably obvious, expected or necessary. I acknowledge the inherent risks of all the Activities, including: (a) changing weather conditions; (b) snow/trail conditions as they exist or as they may change; (c) avalanches; (d) collisions with natural surface or subsurface conditions, such as bare spots, forest growth, rocks, stumps, streambeds, cliffs, trees, and other natural objects; (e) collisions with signs, posts, fences, enclosures, hydrants, water pipes, or other artificial structures and their components; (f) variations in terrain, whether natural or the result of trail design, snowmaking, or snow grooming operations, including but not limited to roads and other terrain modifications; (g) collisions with clearly visible or plainly marked equipment, including but not limited to lift equipment, snowmaking equipment, snow grooming equipment, trail maintenance equipment, and snowmobiles, whether or not the equipment is moving; (h) collisions with other trail users; (i) the failure of a trail user to recreate within that trail user's abilities; (j) travelling in a closed area or travelling outside the ski area boundary as designated either on the ski area trail map or by signage; (k) restricted visibility caused by snow, wind, fog, sun, or darkness; (l) all matters associated with volunteering for trail building or maintenance, including, but not limited to, equipment or tool use, falling or thrown debris, and effects of weather and surface conditions; (m) personal and/or property injury as well as death; and (n) infectious disease.
- Even with such understanding and appreciation of the risk, I still desire to participate and/or have my minor children participate, and I do hereby fully and irrevocably release and forever discharge TEACUP NORDIC, its officers, directors, employees, agents, members, and all owners and lessees of the property, from any and all legal claims, demands, actions, losses, and or legal liability of any kind of nature or description resulting from such Activities sustained by me or my minor children, and further covenant to hold all said parties harmless.
- I do hereby personally assume all risks which may be associated with such Activity. I understand and acknowledge that this is a legal and binding contract and by agreeing to this Notification of Risk and Release, I acknowledge that I have read and fully understand the risks and releases contained herein. By agreeing to this Notification of Risk and Release, I understand that I may be waiving my legal right to a jury trial to hold TEACUP NORDIC legally responsible for any injuries or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages I may suffer due to TEACUP NORDIC’s ordinary negligence that are the result of TEACUP NORDIC’s failure to exercise reasonable care.
- I further agree that any claim or suit that I may bring for any reason against TEACUP NORDIC, its owners, affiliates, directors, officers, employees and agents shall be governed be the laws of the State of Oregon.
- Severability Clause: I agree that if any portion of this Notification of Risk and Release is determined to be unenforceable by a court of law, all other parts of this Notification of Risk and Release shall remain in full force and effect.
- Multiple Pass/Activity Purchasers: If I am purchasing a trail pass, program, event or Activity for another person, I have insured that they have read this Notification of Risk and Release and agree to it. As the primary listed adult agreeing to this Notification of Risk and Release on behalf of all such recipients, I have read this Notification of Risk and Release and agree with its contents.
- Photo/Video Release: I authorize and grant the right to TEACUP NORDIC and anyone authorized by or acting on behalf of TEACUP NORDIC to use, reproduce, publish, and depict my name, voice, and likeness in any manner that TEACUP NORDIC deems appropriate, in all media, worldwide, in perpetuity, in and in connection with the promotion of TEACUP NORDIC and the Activities.
Parental Indemnification Clause: As a parent/guardian agreeing to this Notification of Risk and Release for a minor, I have read this document and agree with its contents. I hereby agree to indemnify and hold harmless TEACUP NORDIC for any claim or suit, including legal fees and expenses, settlements or awards, arising out of said minor’s presence on TEACUP NORDIC premises.
Opportunity to Bargain: To the extend allowed by law, with respect to the Oregon Supreme Court’s reasoning in Bagley v. Mt. Bachelor, Inc. that found exculpatory release being potentially against public policy due to an individual not having an opportunity to bargain, I understand that prior to my commencement of any TEACUP NORDIC Activity I am free to contact TEACUP NORDIC via the means directed on its website to have my purchase reversed for no charge after having seen this waiver so I may exercise my “opportunity to bargain” if I wish to NOT adhere to the terms of this liability release and instead specifically bargain for what a season pass, day pass, event or program (i.e. Activities) should cost free of this release. I know that if I do not do this prior to engaging in Activities, that it is unreasonable for me to protest this waiver after having engaged in any Activity.
If any party or person does not want to agree to any of these legal considerations, they are required to contact TEACUP NORDIC prior to any engagement or participation in Activities related to our nonprofit via: firstname.lastname@example.org