Waiver Terms
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 (“Road”) I, the undersigned, acknowledge and agree to the fullest extent permitted by law, as follows:
1) The parties intend and agree that pursuant to the terms of this agreement, MB MT Acquisition LLC (“Moonlight”) is providing a recreational and sporting opportunity in permitting my use of the Road, and that this agreement is made pursuant to Mont. Code Ann. § 27-1-751 et seq.
2) The permit being issued gives me a temporary, revocable, non-transferable license to use the Road. Such use is subject to private road rules posted at the Road’s gated entrances, on road signs, described herein and otherwise published by Moonlight from time to time, including those rules linked hereto.
3) I shall provide all required fees and information, including vehicle description, valid driver’s license number and acceptable proof of insurance, to Moonlight before any Road use.
4) I shall not give permission to use the Road to, nor share the gate code assigned to my permit with, any other person. Permits are valid for the dates shown on the permit; use of the Road without a valid permit is a trespass. Permits shall be displayed and visible at all times while on the Road.
5) Moonlight has sole authority and absolute discretion to deny or limit use of the Road at any time, regardless of fees paid. Use of the Road outside of the terms, conditions or rules set by Moonlight is prohibited and Moonlight shall have the right to take any action it deems appropriate in response to any prohibited use, including but not limited to revoking Road privileges, reporting to law enforcement and/or prosecuting in a court of law.
6) The Road is primitive and its use involves inherent dangers and risks that cannot be eliminated and may result in injury, death or property damage, including but not limited to: changing road and weather conditions (including washouts and slides); variations in terrain, surface and subsurface conditions, collisions with other vehicles, equipment and objects; closures; going off the Road or getting stuck; limited or poor visibility; driver ability; vehicle limitations; crevices, ravines, streams, rocks, trees or other forms of forest growth/debris; other natural hazards; wildlife; limited cellular telephone service; and rural, sparsely populated vicinity. I acknowledge and accept such risks without reservation.
7) I assume all legal responsibility for any injuries or damages arising out of my Road use, including but not limited to those resulting from the Road’s inherent dangers and risks. To the fullest extent permitted by law, I release Moonlight, its affiliates, and their respective officers, directors, managers, employees and agents (“Released Parties”) of liability for the same.
8) I shall indemnify and hold harmless the Released Parties from any and all claims, demands, damages, losses, liability, fines, penalties, costs, and expenses, including attorneys’ fees, arising out of my use of the Road, except to the extent caused by a Released Party’s willful or wanton misconduct. These obligations shall survive the expiration or revocation of my permit and termination of this agreement.
9) If any provision of this agreement is deemed void or unenforceable, the remaining provisions shall remain valid and enforceable and the void or unenforceable provision shall be modified as necessary to make it enforceable consistent with the intent of such provision.
BY SIGNING THIS AGREEMENT YOU MAY BE WAIVING YOUR LEGAL RIGHT TO A JURY TRIAL TO HOLD THE PROVIDER LEGALLY RESPONSIBLE FOR ANY INJURIES OR DAMAGES RESULTING FROM THE RISKS INHERENT IN THE SPORT OR RECREATIONAL OPPORTUNITY OR FOR ANY INJURIES OR DAMAGES YOU MAY SUFFER DUE TO THE PROVIDER’S ORDINARY NEGLIGENCE THAT ARE THE RESULT OF THE PROVIDER’S FAILURE TO EXERCISE ORDINARY CARE.