Terms Conditions

Spirit Mountain Membership Agreement

We strive to provide the best possible experience for all our guests.
To ensure an enjoyable ski season, please read the following guidelines.
Membership as a Spirit Mountain Pass holder is dependent upon agreement with the following:
Season pass holders will NOT be allowed on a chairlift without their Season Pass in a visible place on their upper body.
SEASON PASSES MUST BE VISABLE AT ALL TIMES!
  1. Spirit Mountain Season Passes are NON-REFUNDABLE.
  2. Spirit Mountain Season Passes are NON-TRANSFERABLE. Your Season Pass will be immediately revoked upon presentation by any other person other than to whom it is issued. Any person presenting someone elseÕs Season Pass will incur a $500 FINE.
  3. Your Season Pass may be revoked by Spirit Mountain Recreation Area, for any behavior deemed unsafe to yourself or other guests, or for any conduct which is considered misconduct, or misuse of the facility.
  4. The Spirit Mountain Recreation Area Release of Liability form must be signed or authorized on-line for your pass to be valid.
  5. There is a one-time $10 FEE for a forgotten Season Pass. You will be charged full price for a daily lift ticket any time you forget your Season Pass after that, no exceptions.
  6. If you lose your Season Pass, there is a $25 FEE the first time, to have it reprinted. Lost Season Passes will be cancelled. The second time you lose your season pass you will be charged full price for the type of Season Pass you purchased, with no exceptions.
  7. Season Passes will not be mailed to you. You must pick up at Spirit Mountain during pass pick up hours beginning in the Fall. Please visit our website for those dates and times. Sign up for our email newsle]er to receive updates.
  8. A valid photo ID is required to pick up your season pass. For those under age 16, a parent or guardian will need to accompany child for pass pick up.

Release of Liability and Indemnification Agreement For Spirit Mountain Recreation Area Authority

While we at Spirit Mountain work hard to provide a great experience for you and your family, there are still certain hazards that require your full attention and vigilance. Always use common sense and follow the tips listed below to make your visit safer and more fun for everyone!

Your Responsibility Code
  1. Always stay in control, and be able to stop or avoid other people or objects.
  2. People ahead of you have the right of way. It is your responsibility to avoid them.
  3. You must not stop where you obstruct a trail, or are not visible from above.
  4. Whenever starting downhill or merging into a trail, look uphill and yield to others.
  5. Always use devices to help prevent runaway equipment.
  6. Observe all posted signs and warnings. Keep off closed trails and out of closed areas.
  7. Prior to using any lift, you must have the ability to load, ride, and unload safely.

Be advised that all marking devices, signage, and/or equipment covers are used by Spirit Mountain to inform you of any potential hazards. These markers are no guarantee of your safety and will not protect you from injury. Oversnow vehicles, grooming tractors, and snowmaking equipment may be on the slopes at any time. Always give them plenty of space! We ask that you do not build jumps or obstacles of your own on the runs as they may become an unknown hazard to others.

In order to maximize the safety and enjoyment of all our guests, we will not tolerate irresponsible behavior. Those pass holders who do not adhere to the Spirit Mountain polices and Responsibility Code listed here risk losing their Season Pass privileges for doing so. Management reserves the right to suspend or revoke Season Passes in any areas of the facility for any behavior deemed inappropriate, including the use of substances which impair physical or mental abilities. We ask our guests to enjoy the openness and freedom of the winter experience: Without profanity. Without using rude behavior or gestures. Without defacing property. Without skiing or snowboarding in closed areas. Without inappropriate behavior toward Spirit Mountain personnel or other guests. Without skiing, snowboarding, or jumping recklessly. And, without improper riding of the chairlifts (which includes bouncing, swinging, vandalizing, throwing snowballs, spitting from the lifts, and jumping out of the lifts). Remember, this is your playground. Please keep it clean and be considerate of others.

I Understand and accept the fact that skiing and snowboarding in their various forms are hazardous sports that have many dangers and risks. I realize that injuries are a common and ordinary occurrence of these sports. I agree, as a condition of being allowed to use the Spirit Mountain facility and premises, that I freely accept and voluntarily assume all risks of personal injury or property damage which results in any from negligence, conditions on or about the premises and facilities, the operations of the area including, but not limited to, grooming, snowmaking, chairlift operations, actions of Spirit Mountain personnel, or other activities at the area, accepting myself the full responsibility for any and all damage or injury of any kind which may result. As a season pass holder I waive all rights to any photographic or video images taken by or for Spirit Mountain Recreation Area while exercising the right to use my Season Pass.

__________________________________________________________________________________________________________________________________________________

SPIRIT MOUNTAIN RECREATION AREA –  WINTER EVENT AND/OR SNOW SPORTS LESSON PARTICIPANT 

SPIRIT MOUNTAIN RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS - READ CAREFULLY BEFORE SIGNING 

WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT AND CONSENT FOR MEDICAL TREATMENT 

“Adult” means the undersigned adult participant taking part in an event (“Event” and/or “Lesson”), being at least 18 years old, signing on behalf of himself/herself and, if applicable, as the parent or legal guardian, signing on behalf of the minor named below so that the minor will be permitted to participate in the Event. “Minor” means the minor participant named below. “Undersigned” means the Adult and Minor collectively. The person actually taking part in the special event or lesson activities is referred to herein as “Participant”. Undersigned understand and agree that skiing, snowboarding, including skiing and snowboarding competitions, events, lessons, instructional/training clinics, demonstrations and performances, strength and endurance training and/or any other uses of the facilities, activities, or equipment (each hereinafter an “Activity” or collectively “Activities”) of Spirit Mountain Recreation Area (“Resort”), or such other venue as may be utilized by the Resort can be 

HAZARDOUS. The Undersigned understand and agree that Participant will not be permitted to take part in any Activity unless this Warning, Assumption of Risk, Release of Liability and Indemnity Agreement and Consent for Medical Treatment (“Agreement”) is fully executed. UNDERSIGNED UNDERSTAND 

AND AGREE THAT THIS AGREEMENT WILL APPLY FOR EACH AND EVERY DAY PARTICIPANT ENGAGES IN AN ACTIVITY DURING THE 2015-2016 SKI SEASON, INCLUDING PRE AND POST SEASON, WITHOUT REQUIRING UNDERSIGNED TO SIGN AN ADDITIONAL FORM FOR EACH DAY AND/OR EACH ACTIVITY UNTIL UNDERSIGNED REVOKE IT IN WRITING AND THAT WRITING IS ACCEPTED IN A WRITING SIGNED BY AUTHORIZED REPRESENTATIVES OF SPIRIT MOUNTAIN RECREATION AREA AND THE CITY OF DULUTH. 

Undersigned are advised, understand and agree that under Minnesota law any person using a ski area for the purpose of skiing, which includes, without limitation, sliding downhill or jumping on snow, ice or features on skis, a toboggan, a sled, a tube, a snowbike, a snowboard or any other device; or for the purpose of using any of the facilities of a ski area, including but not limited to ski slopes, trails and features is considered a “skier” and, further, that Minnesota law provides that a skier using the facilities of a ski area assumes certain “inherent dangers and risks of skiing” as defined in the Colorado Ski Safety Act (the “Act”) and the Skier’s Responsibility 

Code (the “Code”). IN ADDITION, ADULT ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT BY SIGNING THIS AGREEMENT, ADULT 

FOR HIM/HER SELF AND, IF APPLICABLE, ON BEHALF OF MINOR, IS VOLUNTARILY ASSUMING ALL DANGERS AND RISKS OF SKIING, INHERENT OR OTHERWISE, AND IS WAIVING RIGHTS, AND RELEASING CLAIMS IN CONNECTION WITH DANGERS AND RISKS ABOVE AND BEYOND THOSE ADDRESSED BY THE ACT, THE CODE AND BY MINNESOTA LAW. 

Undersigned understand and agree that the sport of skiing in its various forms, including snowboarding, involves risks, dangers and hazards that may cause serious personal injury or death and that injuries are a common and ordinary occurrence. Risks include, but are not limited to, changes in terrain, weather and snow surfaces, ice, moguls, water, bare spots, rocks, stumps, debris, fences, posts, trees, chairlift and surface lift equipment and towers, light poles, signs, buildings, roads and walkways, rails, barrels, boxes, pole jams, jumps and other terrain features (including the angle and length of their approaches, take-off ramps and landing areas) both in and out of the terrain park, padded and non-padded barriers and obstacles, snowmaking and snow grooming equipment and operations, snowmobile operations, collisions with other persons and other natural and manmade hazards, including collisions with obstacles adjacent to and off the skiable terrain, such as snowmaking pipes, hydrants, guns, wands, and other snowmaking equipment, rocks and trees, and improperly-adjusted or malfunctioning equipment. I acknowledge the risks in the sport can be greatly reduced by taking lessons, abiding by the Skier Responsibility Code (known as Your Responsibility Code), obeying the laws of Minnesota, and using common sense. 

Participant assumes the responsibility of maintaining control at all times while skiing. Adult agrees to read, to have Minor read and, if necessary explain to Minor all posted signs and warnings including instructions on use of lifts, trails, features and equipment and Undersigned agree that Participant will obey those signs and warnings located on the property or at any facility or premise of the Resort and to obey instructions from Resort staff. Adult understands and agrees that Minor will be using ski lifts without a ski instructor, Resort representative or other adult present. 

Undersigned understand and agree that Participant must have the physical dexterity and knowledge to safely load, ride and unload the lifts. Undersigned assume the risks of riding the lifts and engaging in any Activity accessible from the lifts or from the ground or snow surface. Undersigned are advised that snowmobiles, snowmaking, snow-grooming and other equipment or vehicles may be encountered at any time and that Participant should be alert for and avoid such equipment. Undersigned understand and agree that the use of ski area facilities involves risks including, but not limited to, all of the risks mentioned above, as well as high elevation, marked and unmarked obstacles, known and unknown terrain and freestyle features, wildlife encounters, falling trees and limbs, slick or uneven surfaces, surfaces covered with ice and snow, deep snow conditions and tree wells, unstable ice and snow including but not limited to snow slides and avalanches, rugged mountainous terrain, dehydration, overexertion, acts of other skiers and equipment malfunction. Undersigned also understand and agree that there are risks involved in decision-making and conduct of Resort’s employees involved with an Activity, including, but not limited to, the risks involved with rescue operations and/or medical care conducted or provided by Resort’s personnel inside or outside of Resort’s boundaries and the risks associated with decisions made by Resort personnel to open and/or close terrain. Undersigned understand and agree that entering or skiing in a “CLOSED” or “UNAUTHORIZED” area is illegal and more dangerous to Participant and others than skiing in open areas of the ski area. 

HELMETS ARE REQUIRED FOR PARTICIPATION IN ON-SNOW EVENTS AT SPIRIT MOUNTAIN RECREATION AREA. Undersigned understand and agree that, although Participant may be wearing a helmet, a helmet cannot guarantee Participant’s safety and no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s face, neck or spinal cord. Undersigned understand and agree that Participant is responsible for ensuring his/her equipment functions properly including, but not limited to, bindings, restraints and built-in safety features of the equipment. In snowboarding, cross-country, Nordic skiing, telemark skiing, snowblading, and ski boarding, the binding system will not ordinarily release during use. These bindings may not be designed to release as a result of forces generated during ordinary operation. Adult acknowledges on Adult’s and Minor’s behalf that falls and collisions occur and INJURIES or DEATH may result from participation in an Activity. 

As a participant in the Activity, Participant may be involved in racing, competition, performance, demonstration or special event programs. Undersigned recognize, understand and agree that participation in such programs is more hazardous and dangerous than recreational skiing. The Undersigned further understand and agree that as a participant in a racing, competition, performance, demonstration or special event program, Participant is a competitor at all times, whether warming up, practicing for competition or in competition. Participant will always be provided an opportunity to conduct a reasonable inspection of the training, competition, event or race course and make his/her own decision about whether to participate, given the conditions at the time and taking into account Participant’s skill level and experience in courses or venues of similar difficulty. Undersigned understand, agree and represent that Participant will always engage in reasonable inspection and decision-making pertaining to participation. Undersigned freely assume all risk of all course conditions including but not limited to, course design, course construction, course layout, course terrain, course jumps, features and obstacles and course maintenance. Participant may be involved in travel to and from an Activity or events over snow or ice covered roads in inclement weather and Undersigned accept such risks. Participant may also be entering into and using extreme or freestyle terrain that contains, but may not be limited to cliffs or drops, moguls, jumps, hits, ramps, banks, jibs, rails, fun boxes, half-pipes, quarterpipes, snowcross, water, barrels, freestyle bumps and other constructed and natural features. Participation in the Activity shall not in any way eliminate the risks of skiing or risks involved in riding ski lifts. 

RECOGNIZING AND ACCEPTING THE ABOVE RISKS AND RESPONSIBILITIES, ADULT VOLUNTARILY CHOOSES TO TAKE PART IN THE ACTIVITY OR VOLUNTARILY CHOOSES TO ALLOW MINOR TO TAKE PART IN THE ACTIVITY. 

By accepting this Agreement Adult on his/her own behalf and, if applicable, on behalf of Minor acknowledges the risks and dangers associated with the Activity and the use of the facilities of Resort generally and, as a condition to Participant engaging in any Activity agrees to (1) ASSUME ANY AND ALL RISKS OF INJURY OR DEATH to Participant while or as a result of participating in any Activity; (2) WAIVE, RELEASE, and NOT SUE, MAKE ANY CLAIMS OR FILE ANY ACTIONS against Spirit Mountain Recreation Area, City of Duluth, State of Minnesota, County of St. Louis, the United States and each of their insurance carriers, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, assignees, employees, volunteers and agents, as well as any Activity sponsors and Equipment manufacturers and distributors (hereinafter the “Indemnified Parties”) that are based on, arise or result from, in whole or in part, participation in any Activity; (3) INDEMNIFY, DEFEND AND HOLD THE INDEMNIFIED PARTIES HARMLESS, from any and all claims, demands, actions, causes of action, losses or liabilities whatsoever arising from or related to participation in any Activity and any loss, damage or injury, including death, that may be sustained by Participant or caused to others or their property by Participant. Undersigned agree to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Indemnified Party in defending an investigation, claim or suit brought by or on behalf of Undersigned. 

Undersigned gives Resort permission to take and use photographs, video recordings, or movies of Participant taken during an Activity and use and sub-license such material for any purpose in promoting the Resort or related activities of the Resort in print, brochures, advertisements, films or videos and on broadcast presentations of any sort. The Resort shall have the right to refuse participation in the Event, confiscate tickets or passes or revoke the privileges conferred by a ticket/pass where in the sole judgment of its representative Participant: 1) acts in any manner that endangers or may endanger the safety of Participant or any other person; 2) violates the law; 

3) provides ski lessons or related services for compensation without express authorization; 4) engages in misconduct or creates a nuisance; 5) violates “Your Responsibility Code” and/or the Resort’s Code of Conduct: 6) skis recklessly (high speed, jumping or tucking, out of control or straight down a run outside of a competition venue) – when skiing Participant must avoid other skiers, trail groomers, maintenance vehicles or objects below them; 7) skiing on closed trails or in closed terrain; 8) is impaired from or uses alcohol or drugs, 9) uses abusive language (swearing or cursing); or 10) displays poor or unsafe etiquette including skiing at speeds higher than rest of traffic on a run. Some of these acts may also be prosecuted as a criminal offense. A ticket/pass is NOT TRANSFERABLE and CANNOT BE RESOLD. A ticket/pass may be confiscated with no re-issue, if in the sole judgment of a representative of the Resort, it is used in a fraudulent, reckless or dangerous manner. Re-issued passes may be subject to a replacement fee. Undersigned acknowledge their affirmative duty to immediately notify the Resort if Participant’s

ticket/pass is lost or stolen. Undersigned warrant that Participant is in good health and capable of safely participating in the Activities. Adult authorizes the Indemnified Parties and/or their authorized personnel to call for medical care, treatment and/or procedures (collectively “Care”), for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Adult agrees that upon Participant’s transport to a facility or hospital that the Resort and their personnel shall not have any further responsibility for Participant. Adult also consents to the Care given by an emergency caregiver or under the instructions and directions of a licensed physician. It is understood that reasonable efforts will be made to notify Adult at the earliest possible time in the event such Care is undertaken for a Minor. Adult knowingly and voluntarily consents in advance to such Care to encourage the physicians and the Resort to exercise their best judgment in undertaking such Care. Further, Adult agrees on behalf of Adult and Minor to pay all costs associated with such Care and related transportation provided for Participant and to indemnify and hold harmless the Indemnified Parties from any resulting costs. In consideration for accessing the facilities of one or more Resort, Adult agrees for him/herself and Minor that ALL claims arising from or related to any Activity, including for injury to person or property and/or death shall be 

GOVERNED BY MINNESOTA LAW, without regard to conflicts of law principles, and that EXCLUSIVE JURISDICTION shall be in the District Court residing where the alleged incident occurred or in Federal Court for the District of MINNESOTA. UNDERSIGNED VOLUNTARILY AND IRREVOCABLY WAIVE ANY OBJECTION TO SUCH LAW AND JURISDICTION. This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable. THE UNDERSIGNED PARENT OR LEGAL GUARDIAN REPRESENTS AND ACKNOWLEDGES THAT HE/SHE IS ENTITLED TO AND IS ACCPEITNG THIS AGREEMENT ON BEHALF OF MINOR AND THAT MINOR 

WILL BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. UNDERSIGNED UNDERSTAND AND AGREE THAT IF THIS AGREEMENT IS NOT SIGNED ON BEHALF OF MINOR, MINOR WILL NOT BE PERMITTED TO PARTICIPATE IN ANY ACTIVITY. This Agreement shall be binding upon Undersigned’s assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.

UNDERSIGNED HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTANDS ITS CONTENTS 


RELEASE OF LIABILITY AND WAIVER OF LEGAL RIGHTS MOUNTAIN BIKING

READ CAREFULLY BEFORE SIGNING
WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT AND CONSENT FOR MEDICAL TREATMENT
SPIRIT MOUNTAIN RECREATION AREA AUTHORITY - MOUNTAIN BIKING, INCLUDING MOUNTAIN BIKE RACES, EVENTS, CAMPS, LESSONS, CLINICS AND SEASON PASSES

The participant identified below, who is at least 18 years old (the ÒAdultÓ) has read this agreement and has signed it, or if participant is younger than 18 (ÒMinorÓ), the MinorÕs parent or legal guardian (the ÒAdultÓ), has read this agreement and signed it on behalf of him/herself and the Minor. The Adult or the Minor participant and the MinorÕs parent or legal guardian collectively, will be referred to herein as the ÒUndersignedÓ. ÒParticipantÓ refers to the person actually taking part in some or all of the summer and winter activities, lift transport, mountain bike riding, including the Spirit Mountain Bike Park races/events, mountain bike tours, clinics, camps, lessons, or any other use of the facilities or services (collectively the ÒActivityÓ) at Spirit Mountain Recreation Area. The Undersigned understands and agrees that Participant will not be permitted to take part in an Activity unless this Warning, Assumption of Risk, Release of Liability, and Indemnity Agreement is fully executed.

UNDERSIGNED UNDERSTANDS AND AGREES THAT THIS AGREEMENT WILL APPLY FOR EVERY DAY PARTICIPANT ENGAGES IN ANY ACTIVITY DURING THE 2016-17 SEASON WITHOUT REQUIRING UNDERSIGNED TO SIGN AN ADDITIONAL FORM FOR EACH DAY AND/OR EACH ACTIVITY UNTIL UNDERSIGNED REVOKES IT IN WRITING AND THAT WRITING IS ACCEPTED IN A WRITING SIGNED BY SPIRIT MOUNTAIN RECREATION AREA AND THE CITY OF DULUTHÕS AUTHORIZED REPRESENTATIVES. THE PERSON SIGNING BELOW ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT BY SIGNING THIS AGREEMENT FOR HIM/HER SELF AND, IF APPLICABLE, ON BEHALF OF MINOR, HE/SHE IS ASSUMING RISKS, WAIVING RIGHTS AND RELEASING CLAIMS IN ADDITION TO THOSE ADDRESSED BY MINNESOTA LAW AND THE CITY OF DULUTH.

Undersigned understands and agrees that the Activity in which Participant will be engaged involves risks, known or unknown, inherent or otherwise, and that some of which are described herein. Undersigned understands and agrees that the Activity involves strenuous physical activity that may be hazardous to some people due to their physical condition and understands and agrees that outdoor activities, especially mountain biking, involve dangers and risks that can lead to serious injury and death. Such dangers and risks include, without limitation, becoming lost or disoriented, rapidly changing weather conditions, exposure to the sun, rain, snow, hail and lightning, hypothermia, dangers caused by other persons engaged in similar activities, the possible occurrence of landslides and flooding, skin irritations and illness due to plants, wildlife encounters, horseback riders, para-gliders, falling trees and limbs.

MOUNTAIN BIKING IS A DANGEROUS AND HAZARDOUS ACTIVITY WHICH CAN RESULT IN SERIOUS INJURY OR DEATH. Mountain biking is different than road biking, and may be more dangerous than road biking in that it is done on partially improved and unimproved trails and roads, as well as on naturally rugged terrain. Mountain biking involves risks, including, but not limited to, steep slopes, rocks of various sizes, trees, roots, tree stumps, cliffs, rock drops, holes and potholes, depressions, streams and creeks, dirt features and other constructed features such as bridges, ramps, ladders, bumps, berms, jumps and drops, wall-rides, elevated stunts, uneven and/or slippery trail conditions, varying slopes, variations in terrain, forest growth, loose gravel and dirt, wet surfaces, downed timber, debris, collisions, other riders, hikers and pedestrians, heavy equipment and vehicles. Trail conditions and features may change quickly due to weather, use and other factors. Undersigned understands and agrees that there are risks involved in decision-making and conduct of Spirit Mountain Recreation AreaÕs employees involved with the Activity, including, but not limited to, the risks involved with rescue operations and/or medical care conducted or provided by Spirit Mountain Recreation Area personnel, the risks associated with decisions made by Spirit Mountain Recreation Area personnel to open and/or close terrain, and the risk that an instructor/coach/guide may misjudge ParticipantÕs abilities, conditioning, or misjudge weather, terrain, trail conditions, route selection, location, or some aspect of ParticipantÕs mental, emotional or physical condition that may make a certain portion of the Activity appropriate or inappropriate for the Participant.

Undersigned understands and agrees that Participant must have the physical dexterity and knowledge to safely load, ride and unload the lift and access the terrain they choose. Adult also understands and agrees that Minor may be riding the lift without being accompanied by an adult and hereby gives permission for the Minor to do so. Adult agrees that that he/she will instruct and direct Minor to abide by the rules and regulations of Spirit Mountain Recreation Area and to follow instruction and direction from Spirit Mountain Recreation Area staff. Adult for him/herself and/or, if applicable, on behalf of Minor hereby freely and expressly agrees to ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH to the Participant in any way connected with the Activity. RECOGNIZING THE RISKS, ADULT VOLUNTARILY CHOOSES TO TAKE PART IN THE ACTIVITY AND, IF APPLICABLE, VOLUNTARILY CHOOSES TO ALLOW MINOR TO PARTICIPATE IN THE ACTIVITY AND REPRESENTS THAT PARTICIPANT HAS THE SKILLS AND DEXTERITY TO SAFELY PARTICIPATE IN THE ACTIVITY AND WILL AT ALL TIMES RIDE WITHIN HIS/HER ABILITIES OR PARTICIPATE IN OTHER PARTS OF THE ACTIVITY IN A PRUDENT AND RESPONSIBLE MANNER, INCLUDING FOLLOWING THE BIKE RESPONSIBILITY CODE.

By signing this Agreement Undersigned acknowledges the risks associated with the Activity and, as a condition to Participant engaging in the Activity, Undersigned agrees to (1) ASSUME ANY AND ALL RISKS OF INJURY OR DEATH to Participant while or as a result of participating in the Activity; (2) WAIVE, RELEASE, and NOT SUE, MAKE ANY CLAIMS OR FILE ANY ACTIONS against Spirit Mountain Recreation Area Authority, SMRA, City of Duluth, MN, and each of their insurance carriers, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, assignees, employees, volunteers, and agents as well as any Activity sponsors, equipment manufacturers and distributors (hereinafter the ÒIndemnified PartiesÓ) that are based on, arise or result from, in whole or in part, participation in any Activity; and (3) INDEMNIFY, DEFEND AND HOLD THE INDEMNIFIED PARTIES HARMLESS from any and all claims, demands, actions, causes of action, losses or liabilities whatsoever arising from or related to participation in any Spirit Mountain Recreation Area Activity and any loss, damage or injury, including death, that may be sustained by Participant or caused to others or their property by Participant. Undersigned agree to pay all costs, including reasonable attorneysÕ fees and disbursements, incurred by any Indemnified Party in defending an investigation, claim or suit brought by or on behalf of Undersigned.

HELMETS ARE REQUIRED while mountain biking at Spirit Mountain Recreation Area and/or participating in races/events, bike camps and/or instruction camps/lessons. Undersigned agrees that Participant will wear a helmet at all times while riding at Spirit Mountain Recreation Area and participating in Spirit Mountain Recreation Area races/events, camps, clinics and/or lessons and will operate his/her mountain bike only on marked trails or roads, unless specifically authorized to operate his/her mountain bike elsewhere by Spirit Mountain Recreation Area staff. Undersigned understands and agrees that although Participant may be wearing a helmet, a helmet cannot guarantee ParticipantÕs safety and no helmet can protect the wearer against all potential head injuries or prevent injury to the wearerÕs face, neck or spinal cord. Participant agrees to wear appropriate safety equipment, as established by industry standards and common safety practices and assumes all risks associated with failure to wear appropriate safety equipment. Prior to mountain biking Participant will inspect his/her bicycle and assure him/herself that it is in good operating order and can be safely used.

Undersigned authorizes Spirit Mountain Recreation Area and/or its authorized personnel to call for medical care for the Participant or to transport the Participant to a medical facility if, in the opinion of such personnel, medical attention is needed for the Participant. It is agreed that upon transport to any medical facility, Spirit Mountain Recreation Area shall not have any further responsibility for the Participant, and all costs associated with such medical care and related transportation provided for the Participant shall be paid by Undersigned and the Undersigned does hereby indemnify and hold harmless the Indemnified Parties of and from any costs incurred therein. Undersigned gives Spirit Mountain Recreation Area permission to take and use photographs, video recordings, or movies of Participant taken during an Activity and use and sublicense such material for any purpose in promoting Spirit Mountain Recreation Area or related activities of Spirit Mountain Recreation Area in print, brochures, advertisements, films or videos and on broadcast presentations of any sort.

The adult signing below agrees for him/herself and Minor that ALL claims arising from or related to any Activity, including for injury to person or property and/or death shall be GOVERNED BY MINNESOTA LAW, without regard to conflicts of law principles, AND EXCLUSIVE JURISDICTION shall be in District Court for St. Louis County or in Federal Court for the for the district of Minnesota. UNDERSIGNED VOLUNTARILY AND IRREVOCABLY WAIVES ANY OBJECTION TO SUCH LAW AND JURISDICTION.

I, the Undersigned (as defined on the reverse), have carefully read and understood the contents of the Agreement ABOVE AND ON THE REVERSE SIDE OF THIS FORM and I am aware that I am releasing certain legal rights that I may otherwise have. If applicable, (1) I acknowledge, as the parent or authorized legal guardian of the Minor Participant that I am signing this Agreement on behalf of the Minor Participant, and the Minor Participant and I will each be bound by all the terms of the Agreement and (2) if this Agreement is not signed on behalf of the Minor Participant, the Minor Participant will not be permitted to participate in the Activity.

COMPLETE WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT AND CONSENT FOR MEDICAL TREATMENT IS CONTINUED ON THE REVERSE SIDE OF THIS SHEET. PLEASE READ CAREFULLY BEFORE SIGNING.

This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable. THE UNDERSIGNED PARENT OR LEGAL GUARDIAN REPRESENTS AND ACKNOWLEDGES THAT HE/SHE IS ENTITLED TO AND IS SIGNING THIS AGREEMENT ON BEHALF OF MINOR AND THAT MINOR WILL BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. UNDERSIGNED UNDERSTANDS AND AGREES THAT IF THIS AGREEMENT IS NOT SIGNED ON BEHALF OF MINOR, MINOR WILL NOT BE PERMITTED TO PARTICIPATE IN ANY ACTIVITY. This Agreement shall be binding upon UndersignedÕs assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.