Acknowledgement of Responsibilities, Awareness of Risks and Hazards, and Agreement not to Sue I understand that I am ACCOUNTABLE FOR MY ACTIONS AND ADHERING TO MY RESPONSIBILITIES, including but not limited to those herein, and for educating myself and having knowledge of the mountain environment and the risks and hazards associated with MY ACTIVITIES (MY ACTIVITIES are outlined below). This RELEASE AGREEMENT (“Agreement”) pertains to the purchase and/or use of any and all Mt. Baker Ski Area, Inc. services, facilities, or equipment, participation in any mountain activities including but not limited to overnight parking, skiing and snowboarding, and/or participation in any program, instruction, and/or event on or off premise during the 2021-2022 season until the 2022-2023 season (collectively "MY ACTIVITIES"). THIS AGREEMENT APPLIES TO THE OVERNIGHT PARKING RESERVATION HOLDER AND USER ("I", "me", "my", and "myself") named in the Reservation. I agree and acknowledge that I AM RESPONSIBLE FOR AND SUBJECT TO THE TERMS OF THIS AGREEMENT AND THE FOLLOWING RULES AND CONDITIONS OF USE BY MT. BAKER SKI AREA, INC. I AGREE TO THESE TERMS: MY RESPONSIBILITIES 1. I ACCEPT MY RESPONSIBILITY TO: a. BE AWARE OF MY ENVIRONMENT and location. b. EDUCATE MYSELF regarding the mountain environment, including but not limited to the risks, hazards, and dangers of mountain activities and My Activities, as well as educate myself about Mt. Baker Ski Area, Inc. policies and guidelines, and applicable codes and laws. This information is available from multiple resources and in multiple locations, including but not limited to the trail map, posted at the ski area, and/or online at www.mtbaker.us. c. Use GOOD JUDGMENT, BE SAFETY CONSCIOUS, and USE COMMON SENSE at all times. d. ACTIVELY ASSESS AND MINIMIZE RISKS and hazards at all times. e. RESPECT all warnings, warning signs, and closures. f. BE AWARE OF MY ACTIONS and how they affect myself and others. g. ACT RESPONSIBLY for my safety and the safety of others. h. ADHERE TO PROPER LIFT/TOW USE AND RIDING BEHAVIOR and practices. i. ADHERE TO ALL MOUNTAIN POLICIES and guidelines, as well as applicable codes and laws. j. ADHERE TO CURRENT SKI AREA COVID-19 POLICIES and be responsible for my own safety and safety practices. I UNDERSTAND the contagious nature of COVID-19 and that despite precautions I may be at risk for exposure to COVID-19 and I accept this risk. 2. I ACCEPT FULL RESPONSIBILITY FOR ALL MEDICAL EXPENSES, AND/OR ANY SOCIAL, ECONOMIC, AND NON-ECONOMIC LOSSES OR DAMAGES INCURRED as a result of My Activities and/or associated activities. RISKS, HAZARDS, AND DANGERS 3. I understand that as a visitor to Mt. Baker Ski Area I will encounter a rugged, ever-changing, and at times severe mountain environment. I UNDERSTAND THAT MY SAFETY IS NOT GUARANTEED and I may be seriously hurt as a result of My Activities and/or associated activities. 4. I understand THE NATURE OF the rugged and ever-changing mountain environment, mountain activities and action sports, and My Activities, including but not limited to the nature of changing weather, snow conditions, and avalanches. 5. WARNING: RISK OF AVALANCHES, SLIDING, AND FALLING SNOW. I understand that while snow safety and avalanche mitigation efforts by Mt. Baker Ski Area may help reduce the risk of avalanches, avalanches and snow slides do occur at ski areas, both inside and outside of posted boundaries. AVALANCHES, SLIDING, AND FALLING SNOW ARE AN INHERENT RISK OF MY ACTIVITIES due to the characteristics of snow and its variable nature throughout the ever-changing mountain environment. I understand that I am responsible for becoming educated about snow safety and using this education to reduce the risk of injury or death, to myself and/or others, through my own actions and awareness. See www.nwac.us, www.avalanche.org and www.deepsnowsafety.org for more information. 6. I understand that skiing and snowboarding are action sports and that My Activities, including but not limited to overnight parking, skiing, snowboarding, using and riding lifts/tows, and all mountain activities CARRY SIGNIFICANT INHERENT AND OTHER RISKS. 7. I understand that MOUNTAIN ENVIRONMENT HAZARDS EXIST, may occur without warning, and that THE ENTIRE SKI AREA EXISTS IN A HAZARDOUS MOUNTAIN ENVIRONMENT with significant inherent and other risks. Mountain environment hazards include but are not limited to both NATURAL AND HUMAN CREATED HAZARDS which may be MARKED OR UNMARKED, HIDDEN OR EXPOSED, and/or ON OR OFF THE SLOPES. These NATURAL AND HUMAN CREATED MOUNTAIN ENVIRONMENT HAZARDS exist in and around ALL FACILITIES OF THE SKI AREA and include but are not limited to: ORGANIC, GEOLOGICAL, SNOW, WATER, AND WEATHER-RELATED HAZARDS such as avalanches, sliding or falling snow, bare spots, bumps, deep snow, tree wells, snow immersion suffocation hazards, creeks, holes, moguls, stumps, forest growth and debris, rocks, cliffs, extreme terrain, freestyle or feature terrain, jumps, mountain weather conditions, and variation and changes in snow, ice, and terrain. HUMAN CREATED HAZARDS include but are not limited to: equipment, lifts/tows, snow machines, snowmobiles, terrain modifications, collisions with structures, people, machines or devices, and exposure to COVID-19. MANY OTHER HAZARDS AND DANGERS EXIST WITHIN THE MOUNTAIN ENVIRONMENT including those that may not be known to me. SUCH HAZARDS AND DANGERS ARE RECOGNIZED AND ACCEPTED whether they are marked or unmarked, hidden or exposed, and/or on or off the slopes. 8. I understand, agree, and accept that THERE ARE INHERENT AND OTHER RISKS AND DANGERS WHEN USING AND RIDING LIFTS/TOWS and IT IS MY RESPONSIBILITY TO BE FAMILIAR WITH AND HAVE THE ABILITY TO ADHERE TO PROPER LIFT/TOW USE, INCLUDING LOADING, RIDING, AND UNLOADING TECHNIQUES, PROCEDURES, AND BEHAVIOR. I am willing to fully assume all responsibility for maintaining good judgment, and appropriate and proper lift/tow riding behavior and use, and assume all the risks associated with all activities related to the use of lifts/tows. I also agree that I will not attempt to use a lift/tow until I have the knowledge and ability to adhere to proper lift/tow use. 9. I understand, agree, and accept the significant inherent and other risks of MOUNTAIN ENVIRONMENT HAZARDS AND MY ACTIVITIES, including but not limited to lift/tow use, which, independently or in combination with my actions and/or the acts of others, MAY CAUSE PERSONAL INJURY, SERIOUS AND/OR FATAL PERSONAL INJURY, DEATH, PERMANENT DISABILITY, EMOTIONAL DISTRESS, emotional trauma, emotional damages, illness, severe social, economic and non-economic damages and losses, property damage, financial hardship, and/or other damages TO MYSELF AND/OR OTHERS. Such consequences may also result from my own actions or inactions, negligence of others, the condition of the premise, and/or any equipment used. Further, I understand there may be other risks including those not known to me or not reasonably foreseeable at this time, including but not limited to exposure to COVID-19. Falls and collisions occur, including but not limited to falls while skiing or snowboarding, slips and falls, falls from lifts/tows, and collisions with other people or objects. I ASSUME ALL RISKS AS WELL AS THE RESPONSIBILITY TO USE GOOD JUDGMENT AND COMMON SENSE, AND BE SAFETY CONSCIOUS AT ALL TIMES. 11. I certify that with my experience, capabilities, and current physical condition that I AM QUALIFIED TO PARTICIPATE IN MY ACTIVITIES including but not limited to SKI, SNOWBOARD, and MOUNTAIN ACTIVITIES AND THAT I HAVE NOT BEEN ADVISED OTHERWISE BY A MEDICAL PROFESSIONAL. 12. I AUTHORIZE AND CONSENT TO ANY FIRST AID, medical treatment or transport that is deemed appropriate by a Mt. Baker first aid provider acting within the scope of their training. OVERNIGHT PARKING PURCHASE POLICIES AND USE 13. All visitors to the ski area are expected to adhere to ALL OVERNIGHT PARKING POLICIES, MT. BAKER SKI AREA MOUNTAIN POLICIES AND GUIDELINES, as well as any applicable Federal, State, and Local laws and codes. I understand that VIOLATION of any of these policies MAY RESULT IN FINES, SUSPENSION OR REVOCATION OF SKIING OR SNOWBOARDING PRIVILEGES AND ACCESS TO OTHER SERVICES OR FACILITIES WITHOUT REFUND, AND MAY RESULT IN POSSIBLE PERMANENT TRESPASS FROM THE SKI AREA. Policy infractions will remain on file and will affect eligibility for future purchases and/or use of Mt. Baker Ski Area, Inc. services, facilities, or equipment, and/or participation in programs or events. 14. I understand that I MAY BE PHOTOGRAPHED OR RECORDED and I hereby irrevocably grant Mt. Baker Ski Area. Inc. the right to use my name, image, voice, or likeness of myself (collectively "Image"), digitally or otherwise, to be used for any educational, promotional, or legitimate business purpose without restriction as to frequency, duration, or medium. I also waive the right to approve, inspect and/or receive economic benefits from the use of my Image. 15. Mt. Baker Ski Area, Inc. reserves the right to close any or all facilities due to circumstances beyond its control or under its control: i.e. weather, lack of snow, road closures, government mandated restrictions, such as COVID restrictions, etc. FACILITY AND LIFT/TOW OPERATION MAY VARY. I understand the season opening and closing dates are at the discretion of Mt. Baker Ski Area, Inc. and may vary from published schedules. I understand that if there are any restrictions to the number of people using Mt. Baker Ski Area and/or any of its facilities that a system may be implemented for such restrictions and I will be subject to following any processes or procedures for such restrictions. I understand NO REFUNDS OR CREDITS ON THE PURCHASE OF MY OVERNIGHT PARKING RESERVATION WILL BE ISSUED due to variations and/or restrictions of facility and/or ski area operation during the 2021-2022 season. 16. I understand that refunds, credits, transfers, and/or exchanges are subject to the Overnight Parking Policies at the time of my overnight parking use. 17. I understand it is my responsibility to ensure my overnight parking vehicle is adequate for use in the rugged, ever-changing, and at times severe mountain environment. 18. I understand it is my responsibility to ensure my overnight parking vehicle is free of snow and/or adequately marked to indicate its presence to others, including but not limited to Mt. Baker Ski Area snow removal equipment operators. 19. I understand and accept that MT. BAKER SKI AREA RESERVES THE RIGHT TO TOW IMPROPERLY PARKED VEHICLES, and/or vehicles found in violation of any Overnight Parking Policies, Mt. Baker Ski Area Mountain Policies and Guidelines, as well as any applicable Federal, State, and Local laws and codes. I UNDERSTAND THAT I WILL BE RESPONSIBLE FOR ANY AND ALL FEES AND/OR DAMAGES associated with towing activities. 20. For my overnight parking reservation valid and overnight parking use to be authorized, I understand and accept that I, the overnight parking reservation holder and user named in the Reservation, must be 18 or older and sign this Agreement. As the authorized signer, I certify that I have made no misrepresentation about my identity during the purchase process or as part of this Agreement. Anyone involved in misrepresentation of identity will be subject to fines, prosecution, and permanent trespass from the ski area, and MY OVERNIGHT PARKING RESERVATION WILL NOT BE VALID and is non-refundable. HOLD HARMLESS AND INDEMNIFICATION 21. I voluntarily agree to RELEASE, INDEMNIFY and HOLD HARMLESS MT. BAKER SKI AREA, INC., its owners, land owners, directors and officers, employees, sponsors, volunteers, and agents ("Mt. Baker"), as well as any contractors, vendors, equipment manufacturers and distributors, and program providers FROM ANY AND ALL CLAIMS related in any way to My Activities, overnight parking, mountain activities, and/or associated activities, and any risks associated with COVID-19; including but not limited to any and all claims FOR PERSONAL INJURY, SERIOUS AND/OR FATAL PERSONAL INJURY, DEATH, PERMANENT DISABILITY, EMOTIONAL DISTRESS, EMOTIONAL TRAUMA, EMOTIONAL DAMAGES, ILLNESS, SEVERE SOCIAL, ECONOMIC AND NON-ECONOMIC DAMAGES AND LOSSES, PROPERTY DAMAGE, THEFT, FINANCIAL HARDSHIP, OTHER DAMAGES, OR ACTIONS OF ANY KIND, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE. 22. I agree to pay any and all legal fees incurred by Mt. Baker which may arise from any claims, actions or lawsuits by or on behalf of myself, my heirs, executors, administrators, and/or legal guardians or custodians. 23. This RELEASE/INDEMNIFICATION clause shall be construed broadly to provide INDEMNITY and RELEASE OF LIABILITY to the maximum extent permissible under applicable law. This AGREEMENT is governed by the Laws of the State of Washington and venue for any disputes regarding this AGREEMENT and/or My Activities will be in the Superior Courts of Whatcom County. 24. I accept that if any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of this entire Agreement will be severable and remain in effect. If you are unwilling to assume all the terms of this Agreement, including but not limited to all the risks and responsibilities associated with My Activities, DO NOT digitally sign and acknowledge this Agreement; in which case, you will NOT be authorized or eligible to purchase or use Mt. Baker Overnight Parking. If you digitally sign and acknowledge this Agreement, BUT make any alterations to it, you are NOT authorized or eligible to purchase or use Mt. Baker Overnight Parking, and the overnight parking reservation will be invalid. I have had sufficient opportunity to read this entire Agreement and I certify that I have READ, UNDERSTAND, AND ACCEPT the terms of this Agreement. I freely and voluntarily accept and assume the significant risk that I can suffer personal injury, serious and/or fatal personal injury, death, permanent disability, emotional distress, emotional trauma, emotional damages, illness, severe social, economic and non-economic damages and losses, property damage, theft, financial hardship, and/or other damages to myself and/or others, including but not limited to my heirs, my custodians, and/or my legal guardians as a result of My Activities and/or associated activities, not only in ways described, but also in ways that are unknown and/or unexpected, even if I follow instructions or advice. I have REVIEWED, UNDERSTAND, AND AGREE TO ABIDE BY applicable codes, laws, and policies including but not limited to Mt. Baker's Mountain Policies and Guidelines, current COVID-19 policies, Your Responsibility Code, and Washington State Law RCW 79A.45.030. I HAVE REVIEWED, UNDERSTAND, AGREE, AND ACCEPT THE RESPONSIBILITIES, RISKS, HAZARDS, TERMS, AND POLICIES OUTLINED IN THIS AGREEMENT. I AGREE NOT TO SUE MT. BAKER SKI AREA, INC. I further agree to the following: I agree to inform all guests and other users of the overnight parking site of the terms of the Release Agreement and further agree that the overnight parking reservation is not valid and will not be used if all guests and other users of this overnight parking site do not also agree to be bound by the terms. I further agree and understand that it is my RESPONSIBILITY to, at a minimum but not limited to those outlined in this Agreement, INFORM AND EDUCATE BOTH MYSELF AND ALL GUESTS and other users of this overnight parking site about all the RESPONSIBILITIES, RISKS, AND/OR HAZARDS associated with My Activities, the mountain environment, Mountain Policies and Guidelines, safety information, proper use of all facilities, and mountain activities, including but not limited to overnight parking, skiing, snowboarding, and proper lift/tow use and riding behavior.