Below is the text of the liability release for which members must agree to prior to participation in any event.
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Americans with Disabilities Act RM
RELEASE
Professional Ski Instructors of America® (“PSIA”) and/or American Association of Snowboard Instructors® (“AASI”) – Rocky Mountain Division
ASSUMPTION OF RISK AND RELEASE OF LIABILITY AGREEMENT
READ CAREFULLY BEFORE SIGNING
“THE UNDERSIGNED” means only the PARTICIPANT when the PARTICIPANT is age 18 or older OR it means both the PARTICIPANT and the PARTICIPANT’s parent or legal guardian when the PARTICIPANT is under the age of 18. I the Undersigned (hereinafter “Participant”) understands that skiing and snowboarding in their various forms, as well as preparation for and participation in, classes, clinics, events, races, competitions, instructing, and seminars and any related activities in alpine, nordic, freestyle, and disabled skiing and snowboarding (hereinafter collectively referred to as “Activities”), involve many RISKS, DANGERS and HAZARDS. These risks, dangers and hazards include, but are not limited to: changing weather and snow conditions, variations in steepness or terrain, natural and man-made objects and structures, equipment failure, collisions with objects, structures, or other skiers/riders, instructor’s choices of terrain and drills, and exceeding one’s own abilities. I understand that INJURIES OF ALL TYPES ARE A COMMON AND ORDINARY OCCURRENCE OF THE ACTIVITIES. I know and accept that the risk of SEVERE INJURY and even DEATH exists in all Activities. I also know and accept that training, coaching, instruction, and supervision by the American Snowsports Education Association, Inc., PSIA-AASI Northwest Division, PSIA-AASI Western Division, PSIA-AASI Northern Intermountain Division, PSIA-AASI Intermountain Division, PSIA-AASI Northern Rocky Mountain Division, PSIA-AASI Rocky Mountain Division, PSIA-AASI Central Division, PSIA-AASI Eastern Division and all of their affiliated ski and snowboard facility/resort operators, divisions, subsidiaries, affiliates, officers, directors, volunteers, participants, employees, contractors, educational foundations, and agents (hereinafter the term “PSIA-AASI” shall be used to refer to all such persons and entities collectively and individually) does not and cannot guarantee my safety. I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I MAY SUFFER TEMPORARY, PERMANENT OR EVEN FATAL INJURIES, even if I follow the instructions or advice of PSIA-AASI while participating in the Activities. Nevertheless, I, agree to comply with and be bound by the following terms at all times while attending or participating in any PSIA-AASI event or program.
- Participant hereby unconditionally forever WAIVES AND RELEASES ANY AND ALL CLAIMS OF LEGAL LIABILITY AGAINST PSIA-AASI, AND AGREES TO DEFEND, INDEMNIFY AND HOLD PSIA-AASI HARMLESS FROM ANY AND ALL CLAIMS, present or future, brought by Participant or Participant’s heirs, executors, administrators or assigns, FOR ANY LOSS, DAMAGE, EXPENSE, ATTORNEYS FEES, OR ANY INJURY INCLUDING DEATH, suffered by Participant during or related to any Activities in which PSIA-AASI is involved in any way, due to any cause whatsoever, INCLUDING ALL CLAIMS OF NEGLIGENCE, premises liability, and/or breach of express or implied warranty by PSIA-AASI.
- Participant authorizes PSIA-AASI to obtain medical care for, or to transport Participant to a medical facility or hospital if, in the opinion of PSIA-AASI, medical attention is required and Participant is unable to make such decisions for himself/herself. Participant agrees to pay all costs associated with such medical care and related transportation and shall defend, indemnify and hold PSIA-AASI harmless from the consequences of such decision and from any such costs incurred relating to the provision of medical care. Participant also authorizes disclosure of protected medical information necessary to provide, coordinate or manage Participant’s healthcare.
- This Agreement shall be construed in accordance with, and governed by the substantive laws of the State of Colorado, without reference to principles governing choice or conflicts of laws. In addition, Participant agrees that all lawsuits for personal injury, death or property damage against PSIA-AASI must be brought in the state or federal courts of Colorado.
- In the event any part of this agreement is found to be unenforceable, the remaining terms shall be given full force and effect to the greatest extent allowed by law.
- Participant agrees to allow PSIA-AASI, without reservation, limitation or additional compensation, to record in any media his/her name, face, likeness, voice or appearance (collectively “Image”), and to use all or any part of that Image in any known or future media and for all time.
HAVING CAREFULLY READ THE FOREGOING AND UNDERSTANDING IT TO BE A LEGALLY BINDING LIABILITY RELEASE AND INDEMNITY AGREEMENT, PARTICIPANT SIGNIFIES HIS/HER ASSENT TO THE ABOVE TERMS BY SIGNING BELOW:
PARTICIPANT (IF OVER AGE 18) | |
Signature: ____________________________________
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Date of Birth: ________________ |
Printed name: _________________________________ _____________________ |
Date Signed: ________________
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SIGNATURE OF PARENT OR GUARDIAN REQUIRED FOR PARTICIPANTS UNDER THE AGE OF 18; As the parent or guardian of the minor child Participant named below, I hereby enter into each and every agreement, representation, waiver and liability release described above on behalf of myself, the Participant, and any other parent or guardian of the Participant, intending that they be binding on me, the Participant, and our respective heirs, executors, administrators and assigns. By my signature below I represent that I am the parent and/or the legal guardian of the Participant and have authority to and intend to waive and release the right of the Participant, and the right of any other parent or guardian of the Participant to maintain any claim or suit against PSIA-AASI arising out of the Participant’s participation in any Activities involving PSIA-AASI in any way including claims or suits for NEGLIGENCE. I further agree to defend, indemnify and hold PSIAMSI harmless from any claims from third parties arising from the minor Participants’ participation in any Activities involving PSIA-AASI.
Americans with Disabilities Act (A.D.A.)
The A.D.A. requires testing entities such as PSIA-RM-AASI to make “reasonable accommodations” in the services it provides for qualified candidates with disabilities and to the extent that they would not “fundamentally alter” the services being provided. Members and candidates with disabilities (whether physical or cognitive), who are considering applying for a certification exam must contact the Steamboat Springs office at least four weeks in advance of the scheduled test or exam to provide notice of their requested reasonable accommodation and to discuss their situations before the registration deadline date. Requests for accommodations will be considered on a case-by-case basis.
The certification standards are national in scope and their maintenance is necessary in the interests of public safety, effectiveness, value for the consumer, and guest/employer expectations. You may view the skills being tested and requirements for testing in the exam outlines, Instructor Development Pathways (IDP) and assessment (score) sheets. http://www.psia-rm.org/education/alpine/reference-materials Please review the test requirements carefully. Certain test requirements may not be modified without fundamentally altering the nature of the test. All candidates will, therefore, be tested on their ability to perform alpine, snowboard and other stated standards.
To the extent that a reasonable accommodation to alpine/snowboard testing cannot be made for an individual who provides notice to PSIA-RM-AASI because it would fundamentally alter the nature of the test, we want candidates to be aware that they may consider PSIA-RM-AASI Adaptive Skiing or Snowboard certification. While physical standards are required, and the required level of professional knowledge is high, the Adaptive process and the Adaptive examining staff are geared to accommodate most disabilities. The Adaptive National Standards
documents have Adaptive Demonstration Equivalencies for functional skiing tasks. http://goo.gl/kDnHMr
See the “PSIA-RM-AASI Adaptive Exam Guides” http://www.psia-rm.org/education/adaptive/reference-materials and the National Adaptive Certification Standards http://goo.gl/kDnHMr for further information about Adaptive Certification standards and format.
In addition, some candidates may take the Movement Analysis (technical) and Teaching exam modules of the PSIA-RM-AASI alpine certification exams and be evaluated on their teaching ability and professional/technical knowledge. The teaching assessment requires that “demonstrations support presentation.” The Teaching and Movement Analysis exams of PSIARM-AASI alpine certifications test candidates on their ability to observe and describe students skiing and prescribe changes for more ideal movement patterns. Please note however, that reasonable accommodations for movement analysis exams may not be possible for visually impaired candidates because it would fundamentally alter the nature of the test. Reasonable accommodations may be available for candidates who are hearing or speaking impaired. Again, any candidate who will require reasonable accommodations must provide notice to PSIARM-AASI at least four weeks in advance.
TALENT RELEASE
I hereby give to PSIA-Rocky Mountain Division-AASI all rights to the film, videotape, digital media, photography, sound recording and printed quotes thereof made of me this date (s) 2015-2016 season, by representatives of PSIA-Rocky Mountain Division-AASI.
I hereby give to PSIA-Rocky Mountain Division-AASI all rights to the reproduction, copyright, exhibition and / or distribution of said materials without limitation for any purpose.
PSIA-Rocky Mountain Division-AASI may use my name, likeness, voice, biographical information and material supplied by me for purposes of advertising, publicity, training and sales promotion.