In consideration for purchasing a Snow Tubing Pass and as a condition of being permitted to use Ski Gull Inc DBA Mount Ski Gull’s premises and facilities, including for Snow Tubing, the individual(s) named below (referred to as “I” or “me”) agree to all of the terms and conditions set forth in this Agreement.

1. EXPRESS ASSUMPTION OF RISK:  I UNDERSTAND AND ACCEPT THAT SNOW TUBING IS DANGEROUS and involves certain risks that cannot be eliminated regardless of the care taken to avoid injuries. The inherent risks associated with Snow Tubing include, but are not limited to: traveling at high speeds with no braking system and little directional control; falling or being ejected from a snow tube; tubing off of the course; collisions with other persons or tubes; collisions with natural and man-made objects (including, without limitation, snow banks, ice chunks, holes, netting, fences, posts, padded and non-padded barriers, light poles, snowmaking equipment, signs, buildings, and paved, wooden, gravel and dirt roads and walkways); collisions with over-snow vehicles (including, without limitation, groomers, snowmobiles, and utility or all-terrain vehicles); encountering ice, bare spots, ungroomed snow, and debris; changes and variation in terrain and slope; changes and variation in weather, snow, surface, and lighting conditions; slips and falls on ice and snow; errors in loading, riding, or unloading a conveyor or cable lift (including, without limitation becoming entangled with equipment or falling on or from the conveyor or cable lift); and possible equipment failure and/or malfunction, including conveyor or cable lift equipment and my own or rented or borrowed equipment. I ACKNOWLEDGE AND ACCEPT that Ski Gull Inc DBA Mount Ski Gull has no duty to protect me from the above risks or any other risks inherent to Snow Tubing. I UNDERSTAND AND ACCEPT that such risks may cause SERIOUS INJURY including PERMANENT DISABILITY, OR DEATH, and EXPRESSLY AND VOLUNTARILY ASSUME all such risks, accepting for myself FULL RESPONSIBILITY for any loss or damage I may sustain.
2. RELEASE OF LIABILITY:  I AGREE TO RELEASE Ski Gull Inc DBA Mount Ski Gull including its owners, officers, directors, managers, employees, agents, volunteers, successors, and assigns (the “Releasees”), from liability for Releasees’ own NEGLIGENCE. I understand that this means I am waiving my right to sue Releasees for any personal injury, disability, death, or property damage I may sustain in relation to my use of Ski Gull Inc DBA Mount Ski Gull’s premises and facilities or my participation in the Activities caused by Releasees’ own negligent acts or omissions. I agree that this release applies to and is binding on any minor for whom I sign. I further agree to pay all costs and expenses, including attorneys’ fees, incurred by Releasees in connection with any claim brought by or on behalf of me or any minor for whom I sign, in violation of this release of liability.
3. INDEMNIFICATION:  I AGREE TO INDEMNIFY AND HOLD THE RELEASEES HARMLESS from liability for claims for personal injury, disability, death, or property damage arising out of my own negligence or the negligence of any minor for whom I sign, even if such claim also arises from or is alleged to arise from Releasees’ own negligence. This includes paying all judgments, interests, costs and expenses, including attorneys’ fees, incurred by Releasees in connection with any claim arising out of my own negligence or the negligence of any minor for whom I sign, even if such claim also arises or is alleged to arise from Releasees’ own negligence.
4. MY RESPONSIBILITIES:  I AGREE it is my sole responsibility to view the snow tubing area BEFORE I participate and to not participate if the snow tubing area or adjacent areas or conditions are not to my satisfaction. I FURTHER AGREE to abide by all signage and instructions provided by Ski Gull Inc DBA Mount Ski Gull personnel.
5. MISCELLANEOUS PROVISIONS:  If any term or provision of this Agreement is deemed invalid, illegal, or unenforceable, all other parts will be given full force and affect. All matters arising out of or relating to this Agreement or my participation in Snow Tubing will be governed by the laws of the State of Minnesota, and exclusive jurisdiction thereof will be in the district court residing in and for Cass County, Minnesota.