As a condition of using a lift ticket, card, or pass and any facilities of Timberline Mountain, Inc., I understand and accept all terms and conditions posted.
“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 will 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 knowledge and ability to load and unload safely.
“PARK SMART” Freestyle/Terrain Park Code
- START SMALL - Work your way up. Build your skills.
- MAKE A PLAN - Every feature. Every time.
- ALWAYS LOOK - Before you drop.
- RESPECT - The features and other users.
- TAKE IT EASY - Know your limits. Land on your feet.
This is a partial list. Be safety conscious.
I am aware that the sport of snow skiing & snow boarding involves numerous risks of injury or death, including but not limited to, injury due to loss of control; falls; the failure of skiers or snowboarders to ski/ride within their own abilities; use of chair lifts; collisions with or falls resulting from trees, rocks, lift towers, fences, snowmaking equipment, snow vehicles, signs, other skiers & snowboarders and other manmade or natural obstacles. I understand that I may encounter obstacles that are inherent in the sport, including but not limited to, bare spots, variations in snow, ice and terrain including bumps, moguls, terrain features, stumps, forest growth and debris, rocks, and other slope hazards or obstacles whether they are marked or unmarked, manmade or natural, or a result of slope design or modifications. I understand and agree that Timberline Mountain, Inc. shall have no duty to warn me of or to remedy any natural or manmade risks, dangers or hazards. I agree that, as a skier or snowboarder, I have responsibilities to myself and to others to ski & ride safely and in control. I also understand and agree that it is important to my safety to pay attention while loading, riding and unloading lifts, and I agree that I will not attempt to load, ride or unload a lift unless familiar with the proper way to do so. I understand that I am voluntarily choosing to participate in the sport of snow skiing or snowboarding at Timberline Mountain, Inc. with knowledge of the aforesaid risks of injury or death involved and hereby expressly agree to accept and assume all such risks of injury or death associated with the sport of snow skiingor snowboarding.
As lawful consideration for being permitted by Timberline Mountain, Inc. to participate in the sport of snow skiing or snowboarding, I hereby release from any and all legal liability and agree not to sue or make a claim against, and to indemnify, defend and hold harmless Timberline Mountain, Inc., and all of its owners, officers, members, agents and employees, its lessors and lessees for any and all claims for damage, injuries, death to myself or any person or property, including all defense costs, attorney’s fees, and other expenses of any type, without limitations, caused by or resulting from my participation in the sport of snow skiing or snowboarding or other alpine activities while on the premises, whether such costs, damage, injury or death was caused by their negligence or from any other cause. I further release and give up any and all claims and rights that I may now have against Timberline Mountain, Inc. This releases all claims, including those of which I am not aware and those not mentioned in this release. This release applies to claims resulting from anything which has happened up to now.
I agree that if any portion of this agreement is determined to be unenforceable by a court of law, all other parts of the agreement shall remain in full force and effect. I further agree that any claim I may bring against Timberline Mountain, Inc. shall be filed in the Circuit or Superior Court of Tucker County, the State of West Virginia and I further agree that only the laws of the State of West Virginia shall apply in the construction or application of this agreement.
I understand that all poles and/or flags, signage, and covers on equipment or objects or other forms of marking devices are used by the resort to inform me of the presence or location of a potential obstacle or hazard. These markers are no guarantee of my safety and will not protect me from injury. It is part of my responsibility under “Your Responsibility Code" & "Park Smart” to avoid all such obstacles or hazards, including those that are so marked.
The pass/card being issued is valid for the current season only, remains the property of Timberline Mountain, Inc. and may be revoked or terminated on the breach of any of the provisions of this agreement. I understand that fraudulent use of this pass/card by me and/or others, or misrepresentation of my status making me ineligible for the pass/card I have applied for, will result in criminal prosecution, and is grounds for terminating and revoking the pass/card without refund. Timberline Mountain, Inc. reserves the right to require identification at any time.
Passes/cards/tickets are non-assignable and non-transferable. I will not allow any other person to use the pass/card at any time. If I do so, I understand and agree Timberline Mountain, Inc. can revoke and terminate the pass/card without refund. Refunds will be issued only in the event of an injury and prorated based on a 12-week season. Any unused visits/validations are considered forfeited. I agree that lift tickets may not be resold.
In the event the pass/card is lost, stolen, broken or rendered unrecognizable, I will immediately notify Timberline Mountain, Inc. I agree to pay for a replacement of my Timberline pass/card. All debit cards will be charged a $10 maintenance fee on any remaining balance on April 1, one year from issue.
I understand and agree that any number of conditions, natural or otherwise, may prevent Timberline Mountain, Inc. from offering full use of all equipment and facilities. Timberline Mountain, Inc. does not warrant or guarantee that all of its lifts, terrain or other facilities will be open or available to the public. No refunds, partial or complete, will be provided if any lifts, terrain or other facilities, which I may desire to use, are not open or available. I understand that the purchase of a pass/card/lift ticket does not guarantee availability of rental equipment or lessons.
If renting equipment, I accept the rental equipment for use as is and accept full responsibility for the care of the equipment while it is in my possession, and agree to reimburse Timberline Mountain, Inc. for any loss or damage other than reasonable wear resulting from use. I understand I am responsible and will be held accountable for the full retail value of rental equipment if I fail to return it. I furthermore release Timberline Mountain, Inc. from any liability for damage and injury to myself or to any person or property resulting from the negligence, selection or adjustment by the rental shop and the use of rental equipment by me, accepting myself the full responsibility for any and all damage or injury. I will make no misrepresentations with regard to my height, weight, age or skiing/snowboarding ability.
If renting skis, I understand that the ski bindings furnished are bindings designed to reduce the risk or degree of injuries from falling, and that despite the fact that adjustments have been made, I also understand that the bindings will not release under ALL circumstances and are no guarantee of my safety. If renting a snowboard, I understand that the boot/binding system will not ordinarily release during use, nor is it specifically designed or intended to release as a result of forces during ordinary operation, and it is therefore absolutely no guarantee of my safety.
If renting a helmet, I agree to release from any and all legal liability and agree not to sue or make claim against and to hold harmless, defend, and indemnify Timberline Mountain, Inc., its employees, owners, affiliates, members, agents, lessors, lessees, shareholders, officers, directors, and Giro, its parent and affiliate corporate entities, their manufacturers, distributors and successors in interest for all claims for damage, injuries, death to myself or any person or property, including all defense costs, attorney fees and other expenses of any type, without limitations, which results from the equipment user’s participation in skiing or snowboarding for which the equipment is provided, or which is related in any way to the use of the equipment, including all liability which results from the negligence, strict liability or breach of warranty. I understand that a helmet will help reduce the risk of some types of injuries and recognize that serious injury or death can result from both low and high energy impacts, even when a helmet is worn. I understand that no helmet can protect the user against every foreseeable impact to the head and skiing or snowboarding present situations which surpass the limits of protection offered by the helmet. I understand that a helmet does not protect against trauma to any other part of my body, including my neck, face and spine, and that these limitations are unavoidable and inherent risks of any activity in which a helmet will be used. I understand that in order to function at its full capacity, a helmet must fit correctly. I am aware that a helmet will not protect me against unavoidable and inherent risks while skiing or snowboarding. I understand when I fasten the chinstrap and shake my head there should be no significant movement of the helmet, and at rest it feels comfortably snug. I agree not to transfer the helmet for use by any other person. In the event the undersigned does transfer the helmet in violation of this agreement, he/she agrees to indemnify Timberline Mountain, Inc., its employees, owners, affiliates, members, agents, lessors, lessees, shareholders, officers, directors, and Giro, its parent and affiliate corporate entities, their manufacturers, distributors and successors against any claim, demand, losses or damages arising out of the injury or property damage through use of said equipment. This agreement shall be binding and may be pled as a complete bar and defense against any claim, demand, action or causes of action by or on behalf of the undersigned or any user. In the event of any incident while wearing the helmet or damage otherwise inflicted upon the helmet, I agree to immediately cease use, return it to the Timberline Mountain, Inc. Rental Dept. and provide a written report describing the incident.
I have carefully read this agreement and fully understand its contents and the terms. I am aware that I am releasing certain legal rights that I otherwise may have and I enter into this legal contract of my own free will. This contract shall be legally binding upon me, my heirs, my estate, assigns, legal guardians and my personal representatives, and in the event that I am signing on behalf of any minors, that I have full authority to do so, realizing its binding effect on them as well as myself. I agree to indemnify, defend and hold harmless Timberline Mountain, Inc. and all of its owners, officers, members, agents and employees, its lessors and lessees for any claim, suit, loss or expenses, including actual attorney fees and costs, without limitations, which arises out of the participation or presence at Timberline Mountain of minor on whose behalf I am signing. As a condition of holding my Timberline Mountain pass/card, renting equipment, and being permitted to use any and all of the facilities of the area, I further agree to assume all risk of personal injury or loss or damage to any of my property.
Ski and snowboard at your own risk. Timberline Mountain, Inc. is not responsible for accidents. All signs, rules, policies that refer to skiing also apply to snowboarding. Be aware of changing conditions. Natural and manmade obstacles exist. Snowmaking and grooming activities are routinely in progress on slopes and trails. Use caution, ski/snowboard in control and only on designated slopes or trails. Any number of conditions, natural or otherwise, may prevent Timberline Mountain, Inc. from offering full use of all equipment and facilities at the area. Timberline Mountain, Inc. does not warrant or guarantee that all of its lifts, terrain or other facilities will be open or available to the public. Snow is our business. We make every effort to make snow during the evening when closed; however, in order to provide sufficient coverage, it may be necessary to make snow during operating hours. Trails may be closed for various reasons such as lack of snow, snowmaking in progress, racing events, grooming, etc. No refunds, partial or complete, will be provided if any lifts, terrain or other facilities are not open or available.
Access to the snow is permitted only to those with a valid lift ticket. Anyone caught on the snow without a valid ticket will be charged double. We will not replace lift tickets or rental forms if lost or stolen. Lift tickets and/or rental forms may not be resold.
Anyone using rental equipment without a valid rental form will be charged double. Broken or unreturned equipment charges will be made to responsible patron. Do not make adjustments to your ski bindings. Always return to rental area for any exchanges or adjustments which should be made by Rental Shop personnel. Check rental ID number each time you put on your rental equipment and make sure it matches your rental form. Always check to make sure your equipment functions properly. Skis, Snowboards and Blades must have metal edges. We recommend that equipment not be brought into the lodge including skis, snowboards, or blades. If using rental equipment, you are permitted in Snow Squall Terrain Park; however, rental equipment is not allowed in Thunder Snow Terrain Park.
Don’t be a victim of theft! Lock up skis/snowboards and your personal items. Timberline Mountain, Inc. is not responsible for lost or stolen items. You are responsible for your possessions while you are visiting our resort. Refrain from bringing any extra items into the lodge if at all possible, and use our lockers (located throughout the facilities) to secure the items you must bring with you. Skis and snowboards are prohibited inside the lodge and should be secured on the outdoor racks with personal equipment locks.
Sleds not permitted on snow. No rainchecks. All lodges are smoke free. Weapons of any kind are not permitted on the premises. Pets not permitted in the lodges or on the snow. Under certain conditions, a grease-like substance may drip from mechanical equipment on chairlifts. Timberline Mountain is not responsible for grease on clothing. Photographs/video taken may be used for advertising for Timberline Mountain, Inc. Management reserves the right to publish these photos and no compensation will be given to subjects. Emergency first aid and assistance is provided by registered members of the National Ski Patrol. This service is provided free of charge.
ALTHOUGH EVERY PRECAUTION IS TAKEN TO ENSURE ACCURACY, ERRORS OR MISUNDERSTANDINGS IN PRICE, QUANTITY, AND/OR SPECIFICATIONS MAY OCCUR. WE RESERVE THE RIGHT TO CORRECT SUCH ERRORS.