FULL AND COMPLETE RELEASE OF LIABILTY AND INDEMNITY AGREEMENT

I UNDERSTAND and EXRESSLY AGREE to the fact that skiing, skiing with a snowboard, snowboard freestyle activities or competition (possibility of including aerial or off snow maneuvers), ski racing, and related activities are EXTEMELY HAZARDOUS activities and that I HAVE MADE A VOLUNTARY CHOICE to participate in those activities DESPITE THE EXTREME RISKS that they present. In consideration of my being permitted to participate in the event named above, I agree to ASSUME ANY AND ALL RISKS OF INJURY OR DEATH which might be associated with or result from my participation and AGREE TO PROVIDE MY OWN INSURANCE to protect me or any Minor in case of injury or death.

AGREE it is my SOLE RESPONSIBILITY to view the area of the event BEFORE I participate and to not participate if the area of the event or adjacent areas or conditions are not to my satisfaction. I further hereby RELEASE FROM LIABILITY AND AGREE TO INDEMNIFY AND HOLD HARMLESS the organizers and sponsors of this event, Sipapu Ski Area and their owners, agents, landowners, affiliated companies and employees and volunteers for any damage, injury or death to myself or to any person or property, whether caused by their NEGLIGENCE, or for any other reason, in any way connected with the physical condition of the area of the event and adjacent areas, my preparation or practice for or my participation in these activities, events and races.

In exchange for Sipapu Ski Area making skiing, snowboarding, ski races, events, related activities and facilities available, the UNDERSIGNED or any MINOR AGREES TO COMPLETELY RELEASE AND TO ALSO DEFEND AND INDEMNIFY SIPAPU SKI AREA AND VOLUNTEERS AND ALL EVENT SPONSORS from any claim for personal injury, death or property damage to the undersigned or any minor, even AFTER any minor has attained MAJORITY and to HOLD Sipapu Ski Area, its representatives, agents, officers, directors, and employees and volunteers HARMLESS from any claim, legal action, harm, injury, damages or loss to person and/or property made on behalf of the undersigned or minor or from THIRD PARTIES injured by the undersigned or minor.

In exchange for, and in consideration of, Sipapu Ski Area making these special events and the ski area available to me or said minor for participation in the sport of skiing, I CONTRACTUALLY AGREE that any and all disputes between myself or any minor and Sipapu Ski Area arising from participation in this special event or participation in the sport of skiing, and including any claims for personal injury and/or death, will BE GOVERNED BY THE LAWS OF THE STATE OF NEW MEXICO and the EXCLUSIVE JURISDICTION thereof will be in the courts of the STATE OF NEW MEXICO.

I, the undersigned, HAVE READ AND UNDERSTAND the terms of the above Full and Complete Release of Liability and Indemnity Agreement and I am signing it freely and of my own accord, realizing IT IS BINDING upon me, my heirs assigns and, in the event I am signing on behalf of ANY MINORS, that I have FULL AUTHORITY TO DO SO REALIZING ITS BINDING EFFECT ON THEM as well as me. If any part of this agreement is deemed unenforceable, the remainder shall be an enforceable contract between the parties. I AM AWARE THAT THIS CONTRACT IS LEGALLY BINDING AND THAT BY SIGNING BELOW I AM RELEASING MY LEGAL RIGHTS AS WELL AS THOSE OF ANY MINOR FOR WHOM I AM SIGNING.

By checking that you have read this agreement, I also understand Sipapu may take my/my child’s photograph during the event, and I hereby grant Sipapu permission to use my/my child’s likeness in a photograph in any and all of its publications without payment or any other consideration. I understand and agree that these materials will become the property of Sipapu.