cancellation policy AND WAIVER

WAIVER

ASSUMPTION OF RISK , RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND PHOTOGRAPHY RELEASE BY PURCHASING A SEASON PASS, DAY PASS, OR OTHER OFFERING OR BY OTHERWISE PARTICIPATING IN THE ACTIVITY (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS. PLEASE READ CAREFULLY BEFORE PURCHASING. THIS IS A RELEASE OF LIABILITY & WAIVER OF CERTAIN LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO THE RIGHT TO SUE OR CLAIM COMPENSATION. Last Updated: November 13, 2025 1. Each person who is participating in activities at the Durango Nordic Ski Club, Inc. (dba Durango Nordic) (“DNSC”) or other locations with DNSC (the “DNSC Property”) shall be referred to hereinafter as the “Participant”. If the Participant is under the age of 18, the Participant includes the parent or legal guardian. Whenever the “Participant” is used in this Assumption of Risk, Release of Liability & Indemnification Agreement and Photography Release (“Agreement”), it refers to all releasors, as applicable. 2. The Participant agrees and understands that taking part in any and all DNSC Property activities, including, but not limited to, skiing, snowshoeing, taking lessons or participating in clinics, hiking, running, fitness activities, renting equipment, or using the DNSC Property facilities and premises, for any purpose (hereinafter the “Activity”), can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND / OR DEATH. 3. The Participant acknowledges and understands the dangers and risks of the Activity and ASSUMES ALL INHERENT DANGERS AND RISKS, including but not limited to those of a “skier” (as may be defined by statute or other applicable law, including the Colorado Ski Safety Act) or other sports participants. 4. WARNING: The Participant assumes the risk of any injury to person or property, including death, resulting from any of the dangers and risks of participating in the Activity (whether or not described here, known or unknown, inherent or otherwise), and may not recover from DNSC for any injury resulting from any of such risks and dangers, including but not limited to: changing weather conditions; existing or changing snow conditions; bare spots; thin cover; stumps; roots and branches; variations in terrain; falling or loss of balance; icy, slick or uneven surfaces; free skiing; equipment failure; equipment malfunction; equipment damage; Participant’s improper use of equipment; Participant’s use of their own personal equipment; Participant’s failure to maintain or otherwise upkeep their own personal equipment; slick or uneven surfaces; slipping; tripping; loss of balance; rugged mountainous terrain; bumps; moguls; ruts; tree wells; downed timber and other forest growth; avalanches, cornices and crevasses; rocks of various sizes; holes; debris; marked and unmarked obstacles; drainage channels; streams; creeks; varying visibility; unmaintained trails; path or trail obstructions; unmarked roads or trails; the Participant or another (including but not limited to an instructor or coach) acting in a negligent manner that may cause or contribute to injury to the Participant or others, such as Participant or such other selecting terrain that exceeds Participant’s ability and not acting within such ability; Participant’s failure to comply with signage; collisions with natural or man-made objects or collisions with other people; falling objects; encounters with snowmobiles or other motor vehicles; becoming lost or separated; lack of shelter; storms, lightning, hail, snow and other adverse weather; limited access to or delay of medical attention; Participant’s health condition; strenuous activity; fatigue; exhaustion; dehydration; hypothermia; high elevation; altitude sickness; viral or other infectious diseases including but not limited to Covid-19; frostbite; and mental distress from exposure to any of the above. THE PARTICIPANT UNDERSTANDS THAT THE DESCRIPTION OF THE RISKS IN THIS AGREEMENT IS NOT COMPLETE AND VOLUNTARILY CHOOSES TO PARTICIPATE IN THE ACTIVITY. 5. Pursuant to Colorado law, the Participant assumes the responsibility of maintaining control at all times while engaging in the Activity. The Participant is responsible for reading, understanding and complying with all signage. Further, the Participant understands that a minor may use the DNSC Property without an adult present. The Participant is advised that snowmobiles and snow-grooming equipment may be encountered at any time, and the Participant recognizes that falls and collisions occur and injuries are a common and ordinary occurrence of the Activity. 6. Additionally, in consideration for allowing the Participant to participate in the Activity, THE PARTICIPANT HEREBY AGREES, TO THE GREATEST EXTENT PERMITTED BY LAW, TO WAIVE ANY AND ALL CLAIMS AGAINST AND TO RELEASE AND NOT SUE DNSC and all of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, personnel, representatives, assignees, officers, directors, owners, landlords, operators, and the United States, including all of its agencies and departments (each hereinafter a “Released Party”), for any property damage (including but not limited to equipment damage), injury, loss, or death, arising in whole or in part out of Participant’s participation in the Activity, including but not limited to those claims, demands, litigation, expenses, losses, liabilities, damages (“Claims”), DIRECTLY OR INDIRECTLY FROM OR INCIDENT TO ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE, BREACH OF ANY CONTRACT OR OF ANY STATUTORY OR OTHER DUTY OF CARE, AND/OR EXPRESS OR IMPLIED WARRANTY. 7. By execution of this Agreement, the Participant also AGREES TO HOLD HARMLESS, DEFEND, AND INDEMNIFY each Released Party from any and all Claims of the Participant or of a third party directly or indirectly from or incident to the Participant’s participation in the Activity, misrepresentations or fraudulent execution of this Agreement, or the Participant’s own negligence or violation of this Agreement in any way, including making or filing any Claims. 8. In consideration for allowing the Participant to participate in the Activity, the Participant AGREES THAT ANY AND ALL CLAIMS arising from the Participant’s participation in the Activity shall be GOVERNED BY COLORADO LAW and EXCLUSIVE JURISDICTION shall be the DISTRICT COURT OF LA PLATA COUNTY, COLORADO. 9. If the Participant includes a minor under the age of 18, their parent or legal guardian acknowledges that they are not only agreeing to this Agreement on their own behalf, but that they are also agreeing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. By accepting this Agreement as the parent or legal guardian of a minor Participant, the parent or legal guardian understands that they are also waiving certain rights on behalf of the minor that the minor otherwise may have. The parent or legal guardian agrees that but for the foregoing, the minor Participant would not be permitted to participate in the Activity. By accepting this Agreement without a parent or legal guardian’s acknowledgement, the Participant, under penalty of fraud, represents that they are at least 18 years of age. If accepting as the parent or guardian of a minor, the Participant adults represent that they are a legal parent or guardian of such minor. 10. The Participant understands and acknowledges that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any provision (or any part thereof) is unenforceable under or prohibited by any present or future law, then such provision (or part thereof) is hereby amended, so as to be in compliance with such law, while preserving to the maximum extent possible the intent of the original provision. Any provision (or part thereof) that cannot be so amended will be severed from this Agreement; and all the remaining provisions of this Agreement will remain unimpaired. This Agreement shall be binding upon the assignees, subrogees, distributors, heirs, next of kin, executors and personal representatives of the Participant. 11. As further consideration for participation in the Activity, the Participant hereby grants DNSC and its designees an unrestricted, perpetual, non-royalty bearing, sublicensable, assignable, and transferable right and license (but not any obligation) to use, copy, transmit, distribute, display, modify, perform, present, transform, create works and derivative works, and otherwise promote or utilize the Participant’s name, image, likeness, voice, or other personal attribute(s) photographed or otherwise recorded or memorialized in connection with the Activity, in any medium or format now or future existing, for any purpose and without further consideration, notice to or consent by the Participant. By participating in the Activity, the Participant grants DNSC the right of publicity to own and use any such materials, including but not limited to audio or visual materials collected of the Participant while participating in the Activity. The Participant waives any rights in or to any such materials and understands that such materials shall constitute the property of DNSC, solely and completely. 12. If the Participant rents equipment, the Participant agrees to accept for use the equipment rented “AS IS”, accept responsibility for the care of the equipment during the rental period, and agrees to be responsible for the replacement at full value of any equipment not returned or returned in a damaged condition. The Participant has not made any misrepresentations with regard to the Participant’s height, weight, age, or ability level and represents that the Participant will be the only person using the equipment. The Participant agrees to assume and accept any and all known and unknown risks of injury to the Participant while using the equipment. The Participant understands that in cross-country skiing, snowshoeing and other sports utilizing equipment with non-release bindings, the binding system will not ordinarily release during use. The Participant agrees to assume and accept any and all known and unknown risks of injury to the Participant while using this equipment. 13. Upon any injury, the Participant hereby grants permission to the attending physician to proceed with any medical or minor surgical treatment, X-ray examinations, or immunizations for the Participant. In the event of serious illness, the need for major surgery, or significant accidental injury, the Participant understands that an attempt will be made by the attending physician to communicate and obtain consent from the Participant in the most expeditious way possible. If said physician is not able to communicate with the Participant, necessary emergency treatment may be administered without the Participant’s express consent. In the event that an emergency arises during a minor Participant’s participation in the Activity, an effort will be made to contact the parents or legal guardians as soon as possible at the phone numbers or other contact details provided by such parent or legal guardian. The Participant hereby grants permission to any coaches and instructors who may be able to provide necessary emergency treatment to the Participant prior to their admission to the medical facility.