Liability Waiver, Release, Express Assumption of Risk, and Indemnity Agreement In consideration of my opportunity to access and utilize trails and other facilities (the “Facility”) operated by Three Ridge Events, LLC, a New Hampshire limited liability company (“Three Ridges”), and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned, on behalf of myself, my heirs, administrators, successors and assigns, hereby covenant and agree, to forever release, hold harmless, and indemnify, all as further outlined below, Three Ridge Events, LLC, its principals, officers, employees, agents, vendors, volunteers, landlord, Lessors, and affiliates (collectively, the “Releasee(s)”), as well as the principals, officers, employees, and agents of any other Releasee, and in furtherance thereof, state the following: 1. I acknowledge that my use of the Facility, which may include, but not be limited to camping (“Camping”), hiking, attending and participating in work or personal retreats or events, operating an on-road and/or off-road vehicle, being a passenger in any such vehicle, or observing any Facility or Event participant (singularly an “Event” and collectively, “Events”), involves inherent risks that may result in injury, death, or damage to property. Participation is voluntary and all activities are undertaken at my own risk. 2. As to Camping, I acknowledge and assume any and all risks related to Acts of God, including, but not limited to, injury from falling trees or limbs, animal attacks, slips and falls, injury and/or damages related to fires started by me, failure to follow fire instructions, or starting fires in undesignated areas. 3. I represent that with regard to any on-road or off-road vehicle I use at the Facility, all equipment is safe and such vehicle is suitable for off-road use, that I am experienced operating such equipment and am physically fit to participate, and have no medical conditions that would impair my ability to operate my equipment safely. 4. I release the Releasees from any and all liability, claims, demands, loss or damage or causes of action that I, my personal representatives, heirs, or assigns may have for injuries, loss of life, damage to, or loss of property, and all other forms of damages arising out my engaging in an Event and my use of the Facility, including, but not limited to, losses, injuries to the person or property, or death of the undersigned caused by or arising out of any act or omission of the Releasees or otherwise (“Loss”). 5. I understand and accept the fact that engaging in Events in their various forms is potentially hazardous, and I realize that injuries are a common experience. I agree as a condition of being allowed to use the Facility, that I freely accept and voluntarily assume all risks of personal injury or death or property damage, and release Three Ridges and the Releasees from any and all liability for personal injury or property damage which results in any way from negligence, conditions on or about the Facility, the operations of the Facility, actions or omissions of employees or agents of the area, or my participation in Events, accepting myself the full responsibility. 6. I acknowledge that any information provided by Three Ridges regarding the Facility is done so on an “AS-IS” basis and that the Releasees have not made any warranty (express or implied) or representation as to the condition or suitability of the Facility, any trail layout, or obstacles. 7. I agree that I, my estate, or any other representative will not sue or otherwise make a claim against the Releasees for damages or any Loss sustained as a result of my participation in the aforementioned Events at the Facility. 8. I agree to indemnify and hold harmless the Releasees from all claims, judgments and costs, including attorney’s fees, incurred in connection with any action brought against them, jointly or severally, as a result of my participation in Events at the Facility. 9. I will take full responsibility for, and hold harmless the Releasees for any injury, property damage, or death that I may suffer or inflict upon others or their property as a result of my engaging in Events at the Facility. 10. I understand that this Liability Waiver, Release, Express Assumption of Risk, and Indemnity Agreement is to be construed broadly to provide a release and waiver to the maximum extent permitted under applicable law. 11. I hereby authorize Three Ridges and its assignees and licensees to use my likeness and that of my property in any manner without compensation. I hereby waive any and all claims or demands for payment for the aforesaid uses of my likeness or that of my property. 12. This Agreement shall be construed under the laws of the State of New Hampshire and jurisdiction for any action brought hereunder shall be with the Cheshire County Superior Court. The undersigned hereby waives trial by jury with regard to any such action. 13. If any provision of this Agreement is found to be invalid for any reason, the remainder of this Agreement shall remain in full force and effect. Note: If 18 or under, signature of parent is required below. The undersigned parent and/or legal guardian does hereby represent that I am acting in such capacity and agrees to save and hold harmless each of the Releasees from all liability, Loss, claim, or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to act and release said parties on behalf of the minor and the parents or legal guardian. Should Three Ridges, or anyone acting on its behalf, be required to incur attorneys’ fees and costs to enforce this Agreement, including, but not limited to, attorneys’ fees and costs incurred to defend against claims brought by myself, or on behalf of my child(ren), ward(s), minors on whose behalf I sign this Agreement, or by third parties, I agree to indemnify and hold harmless Three Ridges, and the Releasees against any Loss including the fees and costs as aforementioned. I HAVE READ THIS LIABILITY WAIVER, RELEASE, EXPRESS ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
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