ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT
Collective Hotels & Retreats, Inc. | Collective Yellowstone, a Retreat at Moonlight Basin
- Collective Hotels & Retreats, Inc. (referred to herein as “Collective”) strives to do everything possible to ensure the safety of its guests. In consideration for Collective’s services, I, on behalf of myself, and my minor child (if applicable), and my heirs and/or representatives, voluntarily enter into this Assumption of Risk, Waiver of Liability and Indemnity Agreement (“Agreement”). I hereby covenant not to sue and voluntarily agree to waive, release, indemnify, and hold harmless Collective and its officers, directors, agents, employees, volunteers, contractors, representatives, and property partners, including MB MT Acquisition, LLC, doing business as Moonlight Basin (collectively, “Releasees”) from any and all liability, causes of action, or claims for any injuries (including serious injuries and death) or damages as a result of my participation in any Collective Activity (which specifically includes activities put on by Collective and/or any activity that is run through a third party, including Collective’s property partners), whether caused by the ordinary negligence of Collective or the Releasees. I understand that this Agreement does not waive any claims resulting from gross negligence, willful, reckless or wanton misconduct by Collective. I also understand that Collective is not responsible for the acts of third parties under this Agreement.
- I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including serious injuries or death, that may be sustained by me (or my minor child), as a result of my (or my minor child’s) participation in any Collective Activity, whether caused by negligence of Collective or otherwise. I have voluntarily elected to enter Collective’s premises and engage in Collective’s activities, including, but in no way limited to bicycling, yoga and lawn games, knowing that conditions may be hazardous, or may become hazardous to me and/or my property, and that access to medical personnel and/or facilities may be limited. Certain inherent risks involved in outdoor activities offered by Collective, include but are not limited to: inclement weather-related hazards, including extreme temperatures, wind, fire, ice, tornadoes; rugged terrain or bodies of water; wild animals and livestock; and, insects and poisonous plants. I also understand and acknowledge that additional unknown or unanticipated risks do exist that may result in injury or death. I understand that these risks are increased by the use of drugs or alcohol.
- I understand that it is my responsibility to consult with my physician prior to participating in any Collective Activity. In the event that I become incapacitated while participating in a Collective Activity, I hereby authorize Collective, and emergency medical personnel to make emergency medical decisions on my behalf (including but not limited to CPR and/or and AED). I also authorize Collective to arrange emergency and non-emergency transportation, including transportation on any Collective owned vehicle, including but not limited to boats and other watercraft. I also agree to indemnify and hold harmless Collective from any and all costs associated with my emergency care and transportation.
- My participation in any Collective Activity signifies that I have found the Equipment (which includes any equipment available or accessible on the property or any personal equipment I bring with me) and areas to be safe and acceptable to me. I accept full and sole responsibility for the condition and adequacy of my personal Equipment.
- I authorize Collective and the Releasees to take photographs or videos of me and to make recordings of my voice (“Media”) during my participation in any Collective Activity, and understand that any such Media will become the sole property of Collective. I further authorize Collective and the Releasees to use and/or profit from such Media for any legitimate business or commercial purpose, including but not limited to promotional, advertising, or marketing activities.
- This Agreement shall be governed by the laws of the State of Montana. I agree to submit any and all claims arising from my stay and/or participation in Collective Activities to binding Arbitration in Madison County. I acknowledge that I am giving up the right to have my dispute decided in a court of law by a judge or jury. I further understand and agree that Collective will be entitled to recover attorneys’ fees and costs incurred defending against an action barred by this Agreement.
- We reserve the right to charge guests the cost of rectifying damage, caused by the deliberate, negligent or reckless act of the guest to the hotel’s property or structure. The amount charged to the guest will be the following:
- $250 for minor to moderate damage, as determined by Collective Retreats in its sole discretion
- $500 for major damage, as determined by Collective Retreats in its sole discretion, plus additional costs/losses, if any, incurred by Collective Retreats in the course of repairing the damage including, but in no way limited to the actual cost of materials or outside contractors, and the revenue lost should it be necessary to take a tent or other facility off line to effectuate the repair.
- Should this damage come to light after the guest has departed, we reserve the right to make a charge to the guest’s credit / debit card, or send an invoice for the amount to the registered address.
- This Agreement is the entire agreement between the parties, and shall supersede any and all prior agreements. If any provision of this Agreement is found to be illegal or invalid, the remaining provisions shall remain enforceable to the fullest extent permitted by law.
BY SIGNING BELOW, I CERTIFY THAT I HAVE CAREFULLY REVIEWED THIS AGREEMENT AND VOLUNTARILY AGREE TO ITS TERMS. I ALSO CERTIFY THAT I HAVE RECEIVED A COPY OF COLLECTIVE’S RULES AND REGULATIONS, AND UNDERSTAND THAT FAILURE TO COMPLY WITH THESE RULES MAY BE GROUNDS FOR IMMEDIATE REMOVAL FROM THE PROPERTY. I UNDERSTAND THAT ALL FEES AND COSTS FOR ANY COLLECTIVE SERVICE OR ACTIVITY ARE NON-REFUNDABLE.
Signature of Guest / Guardian
Names of Minors Accompanying Guest/Guardian:
(1) _____________________ (2) ______________________
Name: ____________________ Phone: ________________ Relationship: _________________
CONDITIONAL USAGE AND INDEMNIFICATION AGREEMENT FOR BIG SKY ROADWAY/JACK CREEK ROAD
In consideration for permission to use the Big Sky Roadway, a/k/a Jack Creek Road, I, the undersigned, do hereby agree to the fullest extent permitted by law, as follows:
- I acknowledge and agree the road use permit being issued gives me a temporary, revocable, non-transferable license to use the Big Sky Roadway (hereinafter “Road”) and my use of the Road is subject to private road rules as posted on signs at the gated entrances of the Road, as set forth herein and as otherwise deemed necessary by MB MT Acquisition LLC (hereinafter “Moonlight”).
- I agree to provide all requested information to Moonlight prior to using the Road, including a current valid driver’s license and current acceptable proof of vehicle insurance. I agree to pay a fee for use of the Road as required by Moonlight.
- I agree to operate a 4-wheel drive or high clearance all-wheel drive vehicle, equipped with a tow strap and shovel, in a safe manner at all times and in accordance with the private road rules and public law, which include but are not limited to: no reckless driving, no speeding, no tailgating, no off-road travel or exploration, no hunting, no fishing, no hiking, no motorcycles, ATV’s, snowmobiles, or bicycles are permitted, no GUNS, WEAPONS, ALCOHOLIC BEVERAGES OR ILLEGAL SUBSTANCES are allowed to be consumed or in vehicles traveling the Road.
- Each and every person must obtain their own individual permit to use the Road (hereinafter “Permit”). No person is permitted to give any other person permission to use the Road or the gate code that is assigned to that person’s individual Permit. Every driver and request to use the Road must be approved in advance by Moonlight. The Permit is only valid for the dates on the face of the Permit, if you are found to be traveling on the Road on an expired pass you will be subject to prosecution for trespass.
- To the extent, the Permit is commercial in nature (i.e., used for business or work activities, such as commuting), road use is limited to Monday through Friday between the hours of 6:00 a.m.to 600 p.m. Any use outside of this date/time frame must be authorized in advance by Moonlight.
- If I breakdown or get stuck, I am responsible for getting a tow immediately. I understand and agree that I shall not leave an abandoned vehicle; and if I do it may be towed at my expense or seized and you will be fined. Call D&D Towing at 406-682-3857/406-682-3972 or Canyon Towing 406-995-4577 for assistance. These companies have access to the Road. If I am involved in an accident, I agree to notify Moonlight Security at my earliest convenience at 406-640-0771.
- Moonlight has the authority in its sole and absolute discretion to deny or limit use of the road at any time, regardless of fees paid. I understand that any use of the road outside of the terms and conditions set forth by Moonlight is strictly prohibited and Moonlight shall have the right to take any action it deems appropriate, including but not limited permanently revoking any right to road use, reporting to the law enforcement authority and/or prosecuting in a court of law.
- I understand and agree the Road is a primitive road and there are dangers and risk associated with vehicle operation on this Road, including but not limited to, changing road conditions (including washouts and slides), changing weather conditions, collisions with other vehicles, equipment and objects, road closures, going off the road or getting stuck, limited visibility, driver’s ability to control the vehicle, the vehicles ability to navigate under any condition, limited cellular telephone service and the Road is located in a rural area that is sparsely populated. I acknowledge the existence of the risks and accept such risks without reservation.
- Aware of the risk and willing to assume them, I do hereby, on behalf of myself, all passengers in my vehicle, my heirs, executors, administrators, legal representatives, assigns and successors in interest, to the fullest extent permitted by law, hereby release MB MT Acquisition LLC, and their affiliated or parent companies, subsidiaries, officers, directors, members, managers, employees, and agents (“Released Parties”) from any and all claims by me in any way connected with my use of the Road, both in law and in equity, in any way arising out of or resulting from damage to property or personal injury, conscious suffering, or death sustained by me. Release from liability includes loss, damage, or injury resulting from intentional acts, failure to act, negligence, or any other cause or causes; except where caused by the gross negligence or willful or wanton misconduct of any of the Released Parties. This Agreement shall bind me and any and all relatives, personal representatives, heirs, beneficiaries, next of kin, subrogees or assigns who might pursue any legal action or claim on my behalf.
- I on behalf of myself further agree I WILL DEFEND, INDEMNIFY AND HOLD HARMLESS the Released Parties against all claims, demands and causes of action. This indemnification shall include an obligation to pay all damages, judgments, settlements, expenses, costs of court, consultant or expert fees, attorney fees and other expenses of any kind associated with such claims, including all costs of defense regardless of whether such claims are successfully or unsuccessfully prosecuted. This Agreement extends to all claims of every kind and nature whatsoever, whether known or unknown.
- Moonlight may assign its rights and obligations under this Agreement to its successors at any time.
- Venue and jurisdiction for interpretation and enforcement of this agreement shall be in State District Court in Madison County, Montana, or in a Federal District Court in Montana.
- The failure of Moonlight to insist upon the strict performance of any given provision of this Agreement shall not constitute a waiver of or estoppels against asserting the right to require that performance in the future.
- In the event that any term, condition, or provision of this Agreement is declared void or unenforceable in a court of law, the remaining terms, conditions, and provisions of this Agreement shall remain valid and enforceable.
This Agreement shall be effective until terminated in writing by Moonlight.
I have carefully read this Agreement, understand it and agree to its terms.
Permit Holder Name ____________________ Cell Phone ___________________
Permit Holder Signature ________________________ Date _____________
Vehicle Year/Make/Model/Color _________________________
License plate #__________________
Driver’s License #_______________________________________
Insurance Company/Policy/Expiration #______________________________
If road use is for commercial or business purposes, please include the following:
Company Name (if applicable): _____________________
Estimate Date of Job Completion: _____________________
Date(s) Authorized: _____________________
Moonlight designee initial below after verifying information
Drivers’ license verified __________________________
Vehicle insurance validated _________________________