ACKNOWLEDGMENT OF RISKS & HAZARDS, LIABILITY RELEASE & AGREEMENT NOT TO SUE
In consideration of the permission to participate in classes, instructions and/or lessons by the Nashoba Valley Snowsports School and use of resort's premise and facilities, I agree. For myself and/or my child to the following:
1. I agree, for myself and/or my child, to RELEASE, forever indemnify, defend, and hold harmless Nashoba Valley Acquisition Corp, Nashoba Hill Corp and their owners, officers, directors, volunteers, employees, affiliates, agents and assigns, (collectively as "RELEASEES") from liability for any and all loss or damage to myself or to my child or my or my child's property resulting from the RELEASEES' NEGLIGENCE or any other cause. I understand that the RELEASEES are not responsible for the consequences of their own NEGLIGENCE, that is, their failure to use reasonable care in any way. I acknowledge that I am freely and expressly assuming and accepting any and all risks of property damage, personal injury and death in connection with my or my child's use of the resort or the snow tubing facility.
2. To the fullest extent permitted by law, I further agree, for myself and/or my child, to release and give up any and all claims and rights that I and/or my child may now have against RELEASEES. This releases all claims, including those of which I and/or my child am not aware and those not mentioned in this release. This release applies to claims resulting from anything which has happened up to now. For myself and my child, I agree to RELEASE, indemnify, defend, and hold harmless the RELEASEES from any and all loss or damage that I or my child may cause to persons or property while using the resort or the snow tubing facility. This includes, but is not limited to, any and all claims for personal injury, death and/or property damage that may in any way arise out of use of the ski area, the resort.
3. I understand that alpine skiing, snowboarding, other competitive and sports activities are HAZARDOUS ACTIVITIES. I understand that alpine skiing, snowboarding and the use of skis, snowboards, other equipment and lifts involves risk of injury to any and all parts of my body. I understand that there are numerous risks and dangers inherent in the sports of alpine skiing, snowboarding and other activities including but not limited to: surface or subsurface snow or ice conditions whether natural or machine-made, the unevenness of the surface which contains rocks, bumps, ruts, stumps, the steepness of the terrain, jumps, ramps, terrain elements and other features, whether natural or man-made, collisions with other trail users, trees, poles or objects. I understand that having a Nashoba Valley Ski Area employee present does not lessen the amount or severity of the risks of these activities. I understand that Nashoba Valley Ski Area is not responsible for my safety. It is further understood that training or competing is more HAZARDOUS than recreational skiing and snowboarding. Furthermore, I understand that I must keep deliberate and conscious control of my physical body, both on the ground and in the air, while properly using my equipment in variable weather, snow and terrain conditions.
4. I hereby certify that I and/or my child are physically fit and have no medical conditions or allergies that affect my ability to participate in these lessons and programs.
5. I recognize that my child must abide by the Skier Responsibility Code, obey the instructor/staff member, all posted behavior notices and all other ski area rules and policies. Any equipment my child may use while skiing or snowboarding will be used at our own risk.
6. This agreement is governed by the applicable laws of Massachusetts. If any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect. In the event that any provision is found to be invalid, the provision shall be revised so that it is enforceable to the greatest extent possible. I agree and understand that any claim or lawsuit against the RELEASEES may be brought in the federal or state courts of Massachusetts only.
7. I consent to the use by Releasees of any images, pictures (video and print), names and likenesses for commercial purposes, or otherwise, of me or my child, in connection with the activities of Releasees, without restriction as to frequency, duration or medium.
8. COVID-19 Warning - An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. According to the Centers for Disease Control and Prevention, senior citizens and Guests with underlying medical conditions are especially vulnerable. "By entering the premises at Nashoba Valley Hill Corp. d/b/a Nashoba Valley Ski Area, you voluntarily assume all risks related to exposure to COVID-19. We will take all measures necessary to keep our property as safe and comfortable as possible for our guests amid the coronavirus pandemic, but please understand that there is a shared responsibility between guests and Nashoba Valley Hill Corp. d/b/a Nashoba Valley Ski Area & Nashoba Valley Snow Tubing Park." I understand and acknowledge that I will obey all COVID-19 Rules and Guidelines listed in this document, listed on skinashoba.com and any additional signage posted at Nashoba Valley Ski Area or the premises, including but not limited to: Please visit us another day if you are not feeling well or you are experiencing any symptoms of Covid-19 such as fever or chills(100.3 and above), cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or runny nose, nausea or vomiting, OR diarrhea (or if you have come into close contact with someone showing these symptoms or who has tested Positive for Covid-19) or have been asked to self-isolate or quarantine. Face coverings must be worn at all times while indoors until Westford Board of Health has advised otherwise.
I UNDERSTAND AND ACKNOWLEDGE THAT I HAVE CAREFULLY READ SNOWSPORTS SCHOOL RELEASE OF LIABILITY AND UNDERSTAND ITS CONTENTS. I UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL APPLY FOR EACH AND EVERY DAY PARTICIPANT ENGAGES IN ANY ACTIVITY DURING THE 2022-2023 WINTER SEASON WITHOUT REQUIRING UNDERSIGNED TO SIGN AN ADDITIONAL AGREEMENT FOR EACH DAY AND/OR EACH ACTIVITY UNTIL UNDERSIGNED REVOKE IT IN WRITING. I UNDERSTAND THAT MY SIGNATURE BELOW EXPRESSLY WAIVES ANY RIGHTS I HAVE TO BRING A CLAIM AGAINST OR SUE THE RELEASEES FOR INJURIES OR DAMAGES. I FURTHER UNDERSTAND THAT THIS IS A CONTRACT THAT LIMITS MY LEGAL RIGHTS AND THAT IT IS BINDING UPON ME, MY HEIRS, AND LEGAL REPRESENTATIVES.
PARTICIPANTS UNDER 18 YEARS OF AGE: AS PARENT/GUARDIAN SIGNING THIS AGREEMENT FOR THE ABOVE-NAMED MINOR, I ACKNOWLEDGE AND AGREE THAT I HAVE READ THE SNOWSPORTS SCHOOL RELEASE OF LIABILITY AND THAT BY SIGNING THIS RELEASE ON BEHALF OF THE MINOR, I AND THE MINOR AGREE TO BE BOUND BY ITS TERMS. I HEREBY AGREE TO RELEASE FROM LIABILITY, FOREVER DISCHARGE, INDEMNIFY AND HOLD HARMLESS RELEASEES FOR ANY CLAIM OR SUIT ARISING OUT OF SAID MINOR'S USE OF THE SKI AREA, THE RESORT OR THE SNOW TUBING FACILITY. I FURTHER UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL APPLY FOR EACH AND EVERY DAY PARTICIPANT ENGAGES IN ANY ACTIVITY DURING THE WINTER SEASON WITHOUT REQUIRING UNDERSIGNED TO SIGN AN ADDITIONAL AGREEMENT FOR EACH DAY AND/OR EACH ACTIVITY UNTIL UNDERSIGNED REVOKE IT IN WRITING.