WHENEVER “YOU”, “YOUR”, “I”, “ME”, “MY”, OR “WE” IS USED IN THIS AGREEMENT, IT REFERS TO ALL RELEASORS WITHOUT HAVING TO RESTATE THAT INTENT EVERY TIME “YOU”, “YOUR”, “I”, “ME”, “MY”, “MYSELF”, OR “WE” IS USED.
DEFINITIONS
As used in this Agreement, whether in the singular or plural:
“Activities” means all skiing and snowboarding activities (including clinics and lessons); Events; provided transportation to and from Resorts and Activities; Equipment use, any other access to or use of visiting Resorts, including access to or use of terrain parks, mountain coasters, alpine slides, ice skating, and other amusement events, facilities or features; food and beverage locations; retail locations; buildings and premises; base areas; gondolas, chairlifts, rope or other tows, moving carpets or other conveyances; vehicles; sidewalks; stairways; trails; and parking lots; and, if volunteering/chaperoning, all tasks carried out as a volunteer.
“Agreement” means this “Release of Liability, Waiver of Claims, Warning, Assumption of Risk, Indemnity, and Consent to Medical Treatment/Transport Agreement.”
“Equipment” means all equipment, including skis, snowboards, boots, poles, bindings, helmets, apparel, goggles or any other equipment used to participate in an Activity.
“Minors” means all minor participants named below.
“Pass” means the season or other frequency pass product that provides access to Resorts.
“Releasors” means all participants signing this Agreement and all Minors and all other participants on behalf of whom a signatory signs this Agreement.
“Resort” means each ski area, resort, facility and operation accessed with the Pass or at which Releasors participate in Activities.
“Club” means MC Youth Ski Club, Freedom Trails Transportation, Ilya Fridman (club organizer), any staff, chaperone or volunteer associated with MC Youth Ski Club.
Be advised: You must sign this Agreement to participate in any Club activities.
AGREEMENT EFFECTIVE UNTIL REVOKED
I UNDERSTAND, ACCEPT AND AGREE THAT THIS AGREEMENT WILL REMAIN IN EFFECT UNTIL I PROVIDE WRITTEN REVOCATION TO THE CLUB. THIS AGREEMENT CANNOT BE MODIFIED. I UNDERSTAND THAT THIS AGREEMENT WILL APPLY TO EACH DAY AND EACH SESSION THAT I OR ANY RELEASOR ACCESS TO EACH ACTIVITY THAT I OR ANY RELEASOR PARTICIPATE IN WITHOUT REQUIRING ME OR ANY RELEASOR TO SIGN AN ADDITIONAL AGREEMENT.
ACKNOWLEDGMENT OF DANGERS AND RISKS
I understand, accept and agree that participation in Activities, including the use of Equipment, is HAZARDOUS and involves risks of bodily injury that may include serious permanent disability or death. I acknowledge and accept all dangers and risks associated with the Activities, including the use of Equipment, whether or not expressly listed in this Agreement, whether or not known and unknown to me, or whether or not they are inherent risks of the Activities, including the use of Equipment. UNDERSTANDING AND ACCEPTING ALL DANGERS AND RISKS, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT, OR VOLUNTARILY CHOOSE TO ALLOW ANY RELEASOR TO PARTICIPATE IN THE ACTIVITIES, INCLUDING THE USE OF EQUIPMENT.
I understand, accept and agree that the Activities involve numerous dangers and risks including unpredictable or variable snow or weather conditions; extreme cold; frostbite; hypothermia; high elevation; wildlife and domestic animal encounters; exposure to the elements; lack of shelter; trees, stumps, branches, and limbs; tree wells; marked and unmarked obstacles; natural or artificial features, objects, or debris; snow immersion; deep snow conditions; slush; ice; bare spots; unstable ice and snow (including but not limited to snow slides and avalanches); changes or variations in terrain or snow conditions; surface and subsurface conditions; open water hazards; rugged mountainous terrain; cliffs; ravines; collisions with other skiers, snowboarders and participants, snowmobiles, snowmaking and snow-grooming equipment or other vehicles, property or structures; operation of snowmaking equipment which may create blind spots or areas of reduced visibility; acts of other skiers, snowboarders and participants; carelessness and misjudgments on the part of other participants, Releasors, or Resort staff, including failure to follow applicable rules, policies and procedures; use of gondolas, chairlifts, rope or other tows, moving carpets, or any other conveyance which may involve entanglement with equipment, objects, or other skier, snowboarder participant, or other individual, errors in loading/unloading, and equipment malfunction or breakdown; slick or uneven walking surfaces.
I understand, affirm and agree that: (i) I have the physical fitness and dexterity and the knowledge required to safely load, ride and unload the gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances; (ii) falls, collisions and injuries are a common and ordinary occurrence of the Activities; (iii) I shall obey all signs, markings, ropes and warnings posted at the Resort and all applicable laws and regulations; (iv) entering or skiing or snowboarding in a “CLOSED” area may be illegal and/or result in revocation or suspension of the Pass or lift ticket and the Club Membership; (v) skiing or snowboarding off of designated trails may be more dangerous to me and others than skiing or snowboarding on designated trails; (vi) there are risks involved in decisionmaking and conduct of others including risks involved with rescue operations and medical care conducted or provided by Resort or Club staff or third parties inside or outside of Resort boundaries, risks associated with decision-making by Resort staff to open and close terrain, and the risk that Resort staff may misjudge weather, trail or snow conditions, route/terrain selection, or limitations of Releasor’s abilities that may make a certain aspect of the Activity inappropriate for the Releasor; and (vii) I will exercise caution around and will avoid snowmobiles, sno-cats, snowmaking and snowgrooming equipment, vehicles, structures, signs, immovable objects or other property that I may encounter at any time. Further, I accept the responsibility to maintain deliberate and conscious control and to take precautions to avoid hazards at all times while skiing, snowboarding or participating in other Activities.
If applicable, I agree to read to, or to have Minor or other Releasors read, and to explain to Minor or other Releasors, if necessary, all posted Club and Resort policies, signs, markings, and warnings including instructions on the use of gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances.
EQUIPMENT
I REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY ME OR ANY RELEASOR ONLINE OR TO CLUB AND RESORT STAFF, INCLUDING HEIGHT, WEIGHT, AGE, EXPERIENCE LEVEL AND SKIER/RIDER TYPE CLASSIFICATION WILL BE ACCURATE AND COMPLETE.
I agree to inspect all Equipment before use.
ON THE SNOW
I understand, accept and agree that if I participate in ski and snowboard lessons at a Resort, (a) I have the sufficient mental, emotional and physical stamina to participate in the Activity (b) I have the responsibility to follow the instructions of Resort staff; (c) I have the responsibility to obey all signs, markings and warnings posted at the Resort, comply with Resort policies, and act in a safe manner; (d) I should or may be required to wear a protective helmet; (e) I am responsible for disclosing to Club and Resort staff any pre-existing medical condition that may affect my ability to participate in the Activities; and (f) that Club and Resort staff cannot at all times maintain close enough visibility of or proximity to me to intervene, for any reasons including when using gondolas, chairlifts, rope or other tows, moving carpets or any other conveyances on my own or with other participants.
COMPETITIONS AND EVENTS
If I participate in Events, I understand, accept and agree that (a) I assume all dangers and risks associated with the Event and training course(s) including their features, layout, location, steepness, length, obstacles, and difficulty level, and (b) I am solely responsible for inspecting the features, layout and other aspects of the Event and training course(s) prior to using them and determining in my sole discretion whether I am comfortable with and fit for participating in the Event.
ASSUMPTION OF RISK, WAIVER, RELEASE, AGREEMENT NOT TO SUE, AND INDEMNIFICATION
In consideration for permitting me to participate in Activities, including use of Equipment, and with knowledge of the dangers and risks involved, I UNDERSTAND, ACCEPT AND AGREE to: (1) ASSUME ANY AND ALL RISK OF PROPERTY DAMAGE, INJURY OR DEATH to me arising from my participation in any Activity, use of Equipment or the administration of Care; (2) WAIVE, RELEASE, and NOT SUE, MAKE ANY CLAIM OR FILE ANY ACTIONS against Club, any Resort, and any of their respective owners, landlords, operators, parents, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, employees, volunteers, Club and Resort staff, agents, insurers, as well as any Activity sponsors and Equipment manufacturers and distributors (the “Released Parties”) that are based on, arise or result from in whole or in part, the Club, the Resort, participation in any Activities, use of Equipment or the administration of Care, and without limitation claims arising out of or resulting from ALLEGED OR ACTUAL NEGLIGENCE, BREACH OF ANY STATUTORY DUTY, where legally permissible, BREACH OF CONTRACT, OR BREACH OF WARRANTY by any of the Released Parties; (3) PERSONALLY INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS from and against any and all claims, demands, actions, causes of action, losses or liabilities whatsoever arising from or related to use of the Club, participation in any Activities, use of Equipment or administration of Care, and any loss, damage or injury, including death, that may be sustained by me, or caused to other participants or their property by me, whether such matters are brought by a third party or brought by me. I agree to pay all costs including, reasonable attorneys’ fees and disbursements, incurred by any Released Party in defending an investigation, claim or suit brought on my behalf as a result of my use of the Pass, participation in an Activity, use of Equipment or administration of Care. I understand and agree that by accepting this Agreement on behalf of any person other than myself (including Minors), I am representing and warranting that I am legally authorized to execute this Agreement on their behalf, and that by doing so I agree to PERSONALLY INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties from and against any and all claims brought by or on behalf of every person on whose behalf I have executed this Agreement, should they refuse to accept or carry out the terms and conditions of this Agreement.
CONSENT TO MEDICAL TREATMENT/TRANSPORT
I authorize the Club, Resort, Resort staff and/or authorized personnel to call for medical care, treatment and/or procedures (collectively “Care”) for me or to transport me to a medical facility or hospital if, in the opinion of Resort staff and/or authorized personnel, Care is needed. I also consent to any Care given by Resort staff and/or authorized personnel prior to transport to a medical facility or hospital. I knowingly and voluntarily consent in advance to such Care provided it is necessary in the reasonable judgment of Resort staff and/or authorized personnel. Further, I agree to pay all costs associated with such Care and transportation provided for me and to indemnify and hold harmless the Released Parties from any costs incurred therein.
GOVERNING LAW, JURISDICTION, WAIVER OF JURY TRIAL
In consideration for permitting me to participate in Activities, I agree that, to the fullest extent permitted by law, ALL claims arising from or related to any Activity including bodily injury, permanent disability, or death, and all matters concerning this Agreement, shall be GOVERNED BY THE LAW OF THE STATE IF IN THE UNITED STATES WHERE SUCH ALLEGED INCIDENT OCCURRED, without regard to any conflict of law principles, and that EXCLUSIVE JURISDICTION shall be THE STATE, PROVINCIAL OR FEDERAL COURT WITH JURISDICTION WHERE THE ALLEGED INCIDENT OCCURRED. I VOLUNTARILY AND IRREVOCABLY WAIVE ANY OBJECTION TO SUCH LAW AND JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY VOLUNTARILY AND IRREVOCABLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY AND ALL CLAIMS ARISING FROM OR RELATED TO ANY ACTIVITY, INCLUDING FOR INJURY TO PERSON OR PROPERTY AND/OR DEATH.
AUTHORITY AND CAPACITY
This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be void or unenforceable as a matter of law, it shall be deemed severed from this Agreement, and the remaining terms shall survive and remain in full force and effect. I REPRESENT AND WARRANT THAT A) I HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT UNDER APPLICABLE LAW; AND B) IF A PARENT, LEGAL GUARDIAN, SPOUSE OR OTHER REPRESENTATIVE OF THE RELEASOR(S), I AM LEGALLY AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF OTHER RELEASOR(S), AND THAT SUCH RELEASOR(S) WILL BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. I UNDERSTAND AND AGREE THAT IF THIS AGREEMENT IS NOT SIGNED ON BEHALF OF OTHER RELEASORS, OTHER RELEASORS SHALL NOT PARTICIPATE IN ANY ACTIVITY COVERED BY THIS AGREEMENT. This Agreement shall be binding upon my and each Releasor’s assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.
I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT, I UNDERSTAND ITS CONTENTS, AND I AM AWARE THAT BY ACCEPTING AND AGREEING TO THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, SUBROGORS, DISTRIBUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASED PARTIES. BY SIGNING BELOW, I WARRANT THAT I HAVE THE AUTHORITY AND EXPRESS CONSENT TO SIGN THIS AGREEMENT ON MY OWN BEHALF AND ON BEHALF OF ALL OTHER RELEASORS.