LIABILITY & RENTAL AGREEMENT – PLEASE READ CAREFULLY BEFORE SIGNING
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 premises.
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.
3. 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 ski area, the resort, or the premises. 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, or the premises.
4. I accept for use as is the equipment listed on this form, and accept full responsibility for the care of the equipment while it is in my possession. I will be responsible for the replacement at full retail value of any equipment rented under this form, but not returned to the shop. I agree to return all rental equipment by the agreed date in clean condition to avoid any additional charges. I have received instruction on the use of the equipment and fully understand its use and function.
5. I have made no misrepresentations to the ski shop concerning my or my child’s height, weight, age or skier/snowboarder type.
6. I understand that there are inherent and other risks involved in the sport of snow skiing or snowboarding, for which this equipment is to be used, that injuries are a common and ordinary occurrence of the sport, and I freely and voluntarily assume those risks.
7. HELMET I understand that the helmet provided cannot guarantee the user’s safety. THE HELMET DOES NOTREDUCE THE RISK of injuries to any part of the user’s body. I ASSUME ALL RISKS of serious personal injury and/or death arising from use of helmet.
8. ALPINE SKI I understand that a ski-binding-boot system will not release at all times or under all circumstances where release may prevent injury or death, nor is it possible to predict every situation in which it will release, and it is, therefore, no guarantee of my safety.
9. SNOWBOARD SKI I understand that the snowboard skiing equipment being furnished forms a part or all of a snowboard/boot/binding system which is a NON RELEASE system and that its use cannot guarantee the user’s safety and that this snowboard/boot/binding system DOES NOT REDUCE THE RISK of injuries to any part of the user’s body.
10.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. 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.
11. I agree for myself and my family members that everyone is healthy and without any symptoms of COVID-19. No one has tested positive, nor is anyone waiting on a pending lab result.
12. COVID-19 Warning - We have taken enhanced health and safety measures—for you, our other Guests, and Staff Members. You must follow all posted instructions while visiting Nashoba Valley Ski Area. 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, 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. Adhere to social distancing guidelines -Stay 6 feet apart from other groups.
I UNDERSTAND AND ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE OF LIABILITYAND UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT MY SIGNATURE BELOW EXPRESSLY WAIVESANY RIGHTS I HAVE TO BRING A CLAIM AGAINST OR SUE THE RELEASEES FOR INJURIES OR DAMAGES. IFURTHER UNDERSTAND THAT THIS IS A CONTRACT THAT LIMITS MY LEGAL RIGHTS AND THAT IT ISBINDING UPON ME, MY HEIRS, AND LEGAL REPRESENTATIVES.*PARTICIPANTS UNDER 18 YEARS OF AGE: AS PARENT/GUARDIAN SIGNING THIS AGREEMENT FOR THEABOVE NAMED MINOR, I ACKNOWLEDGE AND AGREE THAT I HAVE READ THE ABOVE RELEASE OFLIABILITY AND THAT BY SIGNING THIS RELEASE ON BEHALF OF THE MINOR, I AND THE MINOR AGREETO 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’SUSE OF THE SKI AREA, THE RESORT OR THE PREMISES.