Express Assumption of Risk 1516
Express Assumption Acceptance of Risks, Release, Indemnification & Forum Selection Agreement
(ACCEPT/SIGN ONLY IF YOU AGREE TO BE BOUND BY THIS AGREEMENT!)
NOR’EASTER 2015-16 MULTI-RESORT AGREEMENT
NOTICE: All forms of alpine activities such as skiing, tubing, snowboarding along with loading, riding and unloading lifts are hazardous. Falls and injuries are a common occurrence in these activities and conditions are ever-changing. Your safety is directly affected by your judgment. Participate in alpine activities only within your ability level.
WARNING, INHERENT & OTHER RISKS: Alpine activities, like many sports, contains inherent and other risks including, but not limited to the risk of personal injury, including catastrophic injury, or death, and property damage, which may be caused by continually changing weather, visibility, snow conditions, ice, hardpack, powder, packed powder, slush, granular, corn, crust, cut-up and machine-made snow; surface or subsurface conditions such as bare spots, ruts, bumps, moguls, forest growth, rocks, stumps, trees; and collisions with, or falls resulting from impacts of such natural objects plus lift and snowmaking towers and components thereof, lights, signs, posts, fences, mazes or netting, hydrants, water or air pipes (whether above or below the snow surface), snowmaking and snow grooming equipment and other man-made structures or objects and their components, trail maintenance vehicles and snowmobiles, which are all incidental to the provisions or maintenance of a resort facility; plus variations in steepness of terrain, whether natural or designed; snowmaking and snow grooming processes, including but not limited to other man-made or natural terrain modifications and features such as those found throughout the mountain and in terrain parks; the presence of and collisions with others, and their failure to safely participate in alpine activities, in control or within their own ability. I hereby agree that these and the numerous other similar risks are both obvious and necessary to all alpine activities.
PROMISE NOT TO SUE: As a condition of receiving discounted use of the ski area premises as a season pass holder, I hereby Promise Not to Sue whichever ski areas this pass is used at including Mount Snow Ltd., SNH Development Inc. d/b/a Crotched Mountain, JFBB Inc. d/b/a Jack Frost Big Boulder, LBO Holdings Inc. d/b/a Attitash Mountain Resort, WC Acquisitions Inc. d/b/a Wildcat Mountain, Hunter Mountain Ski Bowl Inc., (or any other ski area where this pass is valid), and Peak Resorts Inc., their affiliates, employees and agents (hereinafter the “Ski Area”), as I freely, voluntarily and expressly accept all risks of injury, death or property damage occurring thereon from risks such as those listed above or those that can reasonably be inferred therefrom.
INDEMNIFICATION: I agree that in the event that anyone makes a claim against the Ski Area arising from my activities on the Ski Area premises, that I will indemnify and hold harmless the Ski Area from all such claims.
RELEASE: I further agree to Release, forever discharge & hold harmless the Ski Area from any and all liability for personal injury including death, and property damage from any alleged negligence in the operation, maintenance or design of the Ski Area and any inherent and other risks of these alpine activities, such as those listed above, and from my participation in alpine and other activities at the Ski Area. I accept the full responsibility for any and all such damage or injury that may result from my actions and the actions of others. As such I realize that by signing this Contract I agree to give up all rights to sue the Ski Area.
FORUM SELECTION: I further agree that any claim that I may at any time bring for any reason against the Ski Area, shall be filed only in the state or federal Court with jurisdiction in the state in which the Ski Area is located and in no other jurisdiction and shall be governed by the laws of that state. More specifically in New York, I agree all disputes under this contract and/or lawsuits arising from use of the facilities at Hunter Mountain Ski Bowl Inc. shall be litigated exclusively in the Supreme Court of the State of New York, County of Greene, or in the United States District Court for the Northern District of New York.
I agree that if any portion of this agreement is deemed unenforceable by a court of law all other parts shall remain in full force and effect. I agree that the above provisions shall be binding upon my heirs and assigns. I understand and agree that this document may be used by the Ski Area as an affirmative defense to any claims I may bring for injuries sustained as a result of my participation in and caused by the inherent and other risks of alpine activities.
MINORS: As a parent/guardian with legal responsibility for the minor pass holder(s) named below, I represent that I am authorized to sign and accept the obligations of this agreement for the minor child. I consent and agree that I, for myself, and for the said minor pass holder(s) to be bound by this Agreement and I hereby indemnify the Ski Area for awards, legal expenses and settlements arising out the child’s participation in alpine activities at the Ski Area resulting from any alleged negligence by the Ski Area in the operation, maintenance or design of the Ski Area and any other conditions of the Ski Area’s premises.
PROHIBITED USE: Each pass is non-transferable and for your personal use only. I understand and agree that if someone other than the named pass holder(s) uses that pass for any purpose, that pass and its privileges will be cancelled without refund for the remainder of the 2015-2016 season no matter who is at fault for such illicit use. Be advised that such prohibited use may be considered Theft of Services under state law.
TERMS: I further agree to: (1) visibly display the season pass when boarding all lifts; (2) present the season pass to any authorized representative or management upon request; and (3) refrain from misconduct or reckless skiing or riding, acknowledging that the season pass may be revoked without refund for such behavior.
The Season Pass is valid through the 2015-2016 ski season, expiring April 30, 2016. designated resorts owned by Peak Resorts, Inc.
Each pass holder must read and agree to this contract and click accept.