The person who purchases and/or uses a season pass for the purpose of utilizing any of Pebble Creek Ski Area, LLC’s ski area shall be referred to hereinafter as “Participant.” Participant hereby acknowledges that he/she has received valid consideration in exchange for agreeing to the terms set forth in this Agreement. The Participant agrees and understands that skiing, snowboarding and or using Pebble Creek ski area, including ski lifts, for any purpose (the “Activity”) can be hazardous and involves the RISK OF PHYSICAL INJURY OR DEATH, and such risk is inherent and cannot be reasonably avoided without changing the nature of the Activity. Participant further acknowledges that he/she has read this Agreement, and EXPRESSLY ASSUMES ALL RISKS of the Activity, inherent or otherwise. Further, the Participant recognizes that he/she has certain duties and/or responsibilities which are set forth in Idaho’s Ski Liability Act, Title 6, Chapter 11 of the Idaho Code. In consideration of allowing the Participant to use Pebble Creek Ski Area, the Participant agrees to RELEASE Pebble Creek from any and all liability and/or claims for injury or death to persons or damage to property arising from the Participant’s participation in the Activity, including those claims based on Pebble Creek’s alleged or actual NEGLIGENCE, and Participant agrees to WAIVE his/her right to file a lawsuit against Pebble Creek. Further, Participant agrees to DEFEND and INDEMNIFY Pebble Creek from all claims for property damage, injury or death which he/she may suffer or for which he/she may be liable to others or for Participant’s conduct that may contribute to a claim being asserted against Pebble Creek, arising out of Participant’s use of Pebble Creek Ski Area, whether such claims are for negligence or any other theory of recovery, except for intentional misconduct.  Additionally, in consideration for allowing the Participant to use Pebble Creek Ski Area, the Participant agrees to RELEASE Pebble Creek from any and all liability and/or claims stemming from the use of the Participant’s image while using Pebble Creek Ski Area. Pebble Creek is not responsible for this season pass if it is lost or stolen and may revoke this season pass without refund at any time for misconduct or nuisance caused by the Participant.  Pebble Creek can adjust hours and days of operation at any time based on snow conditions and/or skier visits. Pass can be voided for fraudulent use. Credits offered under restricted conditions. Non-transferable. No resale.