Part 1: Release/Indemnification of all claims and covenant not to sue. NOTICE: This is a legally binding agreement. By signing this agreement, you give up your right to bring a court action to recover compensation or obtain remedy for any injury to yourself or your property of for your death however caused, arising out of activity at Deer Mountain. This agreement is binding with Deer Mountain Ski Area now and at all times in the future.

Release/Indemnification and Covenant Not to Sue

In consideration of my use of the facilities of Deer Mountain Ski Area or participation in said skiing, snowboarding or tubing, I, the undersigned user, agree to release and on behalf of myself, my heirs, representative, executors, administrators and assigns, HERBY DO RELEASE Deer Mountain Ski Area of South Dakota, its officers, agents, and employees form any course of action, claims or demands of any nature whatsoever, including but not limited to a claim of NEGLIGENCE, which I, my heirs, representatives , executors, administrators and assigns may now have, or have in the future against the facilities at Deer Mountain Ski Area, or skiing, snowboarding or tubing services offered by said corporation whether hat use is supervised or otherwise, however the injury or damage is caused, including but not limited to the NEGLIGENCE of Deer Mountain Ski Area or its services, officers, agents and employees.

In consideration of my use of Deer Mountain Ski Area and its services, I, the undersigned user agree to indemnify and hold harmless Deer Mountain Ski Area, its officers, agents, employees and services from any and all causes of action, claims, demands, losses, or costs of any nature whatever arising out of or in any way relating to my use of the facilities.

I hereby certify that I have full knowledge of the nature and extent of the risks inherent in the use of the facilities and services offered at Deer Mountain Ski Area, and that I am voluntarily assuming the risks. I understand that I will be solely responsible for any loss or damage, including death, I sustain while using the facilities and services and that by this agreement, I am relieving Deer Mountain Ski Area of any and all liability for such loss, damage or death.

I further certify that I am in good health and that I have no physical limitation which would preclude my safe use of the facility.

User Signature________________________________________________________Date___________________________

Parent/Guardian Signature_______________________________________________ Date___________________________