ACKNOWLEDGMENT OF RISKS & HAZARDS, LIABILITY RELEASE & AGREEMENT NOT TO SUE
In consideration for my or my child’s use of the resort or participation in the Tiki Trail 5K Race Series, I agree, for myself and/or my child, to RELEASE, forever indemnify, defend, and hold harmless Nashoba Valley Hill Corp. d/b/a Nashoba Valley Ski Area 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 participation in the Tiki Trail 5K Race Series. Nashoba Valley reserves the right to use any photograph or video footage taken on the premises in which you may appear. 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.
ACKNOWLEDGEMENT OF RISKS
I acknowledge that participating in a trail race is a hazardous activity with many inherent risks and I should not enter and run unless I am medically able and properly trained. By participating in the trail running activity, I understand that I may suffer serious injuries (both physical and emotional), death, damage to myself, damage to my property, and/or damage to third parties. I expressly assume all risks, inherent and otherwise, of participating in the Tiki Trail 5K Race Series. I acknowledge and understand that some, but not necessarily all of the risks of trail running include the following: steepness and configuration of the trails, debris and poor footing on the course ,falls, contact with other participants, the effects of the weather, getting lost, wildlife & insect attacks and all such risks being known and appreciated by me. I further agree that the phrase "inherent risks" means those risks which are listed above, or those that can reasonably be inferred therefrom. I also agree that these risks are both obvious and necessary to the trail running activity.