ACKNOWLEDGMENT OF RISKS & HAZARDS, LIABILITY RELEASE & AGREEMENT NOT TO SUE
1. I accept and understand that skiing, and other forms of winter mountain sports, including the use of lifts, are hazardous with many inherent risks which can result in serious injury, property damage, and death. I freely and willingly accept and voluntarily assume all risk of property damage, personal injury or death which occurs at Nashoba Valley Ski Area ("Nashoba") which arises from my participation in winter sports activities and the inherent risks of such activities as they are defined herein.
2. I agree that the phrase "inherent risks" means those risks which are listed in this agreement or those that can be reasonably inferred therefrom and include, but are not limited to changing weather conditions, surface and/or subsurface snow conditions as they may exist or be affected by weather, skier, or other participant usage, and which may consist of ice, hardpack, powder, packed powder, windpack, corn, crust, slush, cut up snow, machine made or groomed snow; bare spots, forest growth and debris, stumps and trees, streambeds and other natural objects, and/or collisions with such objects; collisions with lift towers, signs, posts, fences, pipes, other skiers, or other manmade structures, and/or their components such as hydrants used in snowmaking or for other necessary purposes, whether or not these structures are padded, marked, or shielded; collisions with well-marked or plainly visible snowmobiles, snow grooming and/or other over-snow vehicles or equipment; variations in steepness of terrain including but not limited to roads and/or other terrain modifications or changes.
3. I agree that I am alone responsible for my safety while at Nashoba and Nashoba Valley Ski Area, the promoters, the sponsors, the organizers, the club promoters, the officials and any agent, representatives, officers, director, employee, member or affiliate of any person of any entity named above are not responsible for my safety. I agree to accept all responsibility for the risks, conditions and hazards which may occur whether they now be known or unknown.
4. For myself and/or my child, I agree 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, (hereinafter referred to collectively as "RELEASEES") from any and all loss or damage to myself or to my child or my or my child's property resulting from the RELEASEES' NEGLIGENCE. 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 Nashoba's premises.
5. 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 at Nashoba. 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 Nashoba.
6. To the fullest extent permitted by law, I further agree, for myself and/or the person for whom I execute this agreement, to release and give up any and all claims and rights that I and/or the person for whom I execute this agreement may now have against RELEASEES. This releases all claims, including those of which I and/or the person for who I execute this agreement am not aware and those not mentioned in this release. This release applies to claims resulting from anything which has happened up to now.
7. I currently have, and I agree to maintain throughout the time that I use the premises at Nashoba, valid and sufficient medical and accident insurance. I understand that this is my sole responsibility and release all persons and entities identified above from providing this coverage for me.
8. 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 the person for whom I execute this agreement, in connection with the activities of Releasees, without restriction as to frequency, duration or medium.
9. I agree that I will accept and abide by the rules and regulations of Nashoba and any other rules or regulations imposed by the organizers of any particular competition. I have received a copy of this release.
10. This agreement is governed by the 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 only be brought in the federal or state courts of Massachusetts serving Middlesex County.
I UNDERSTAND AND ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE OF LIABILITY AND UNDERSTAND ITS CONTENTS. 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.
SIGNATURE OF PARTICIPANT PARTICIPANT'S PRINTED NAME DATE 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 ABOVE 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 PREMISES.