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WINTER SPORTS WAIVER AND RELEASE OF LIABILITY


PLEASE READ CAREFULLY BEFORE SIGNING! DATE: May 1, 2024

I understand that there are risks, dangers and hazards inherent in any recreational activity at the Lake Morey Resort and I hereby freely acknowledge and agree, and I understand, accept, and agree to assume any such risks and accept for myself or my minor child (the “Participant”) all financial and other responsibilities for any damages or injuries that may occur while the Participant uses the rental equipment owned by the Lake Morey Resort.

I understand that the sport of winter sports (the “Activity”) carries with it the potential for serious injury or potentially even death. The risks include, but are not limited to, changing weather conditions, variations in ice consistency and texture, natural and manmade obstacles and structures, equipment failure, inadequate safety equipment, other sports traffic, collisions with objects or structures, being struck by vehicles, people or equipment, negligence on the part of others, and exceeding one’s own abilities.

I represent and certify that Participant is qualified, in good health, in proper physical condition and has had the proper training to participate in the Activity and that Participant has not been advised to not participate by anyone including, but not limited to, any medical professional, and that there are no health or emotionally-related reasons or problems which preclude their participation in the Activity.

I understand that Participant assumes all responsibility and liability for the selection of protective equipment such as a helmet, wrist guards or supportive equipment.

I acknowledge my full understanding of the above and other risks and I voluntarily agree to participate, and/or on behalf of my minor child, that they may participate, in the Activity. I understand that Participant should not participate unless I am confident that Participant can do so safely. Participation in the Activity constitutes my (our) knowing and voluntary assumption of all risks associated with the Activity.

I HEREBY WAIVE AND RELEASE, FOR MYSELF, MY HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS, ANY AND ALL CLAIMS, AND AGREE TO INDEMNIFY AND HOLD HARMLESS AVERY INNS OF VERMONT, INC. D/B/A LAKE MOREY RESORT AND ITS AGENTS AND EMPLOYEES (“HOST”) FROM AND AGAINST ANY CLAIMS, PRESENT OR FUTURE, FOR ANY AND ALL LOSS, DAMAGE, EXPENSE, OR INJURY (INCLUDING DEATH) TO PARTICIPANT, PARTICIPANT’S PROPERTY, OR TO ANY OTHER PERSON OR PROPERTY, SUFFERED IN CONNECTION WITH OR IN THE COURSE OF THE ACTIVITY, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, AND/OR BREACH OF EXPRESS OR IMPLIED WARRANTY ON THE PART OF HOST, WHETHER SOLELY OR OTHERWISE. THIS WAIVER AND RELEASE IS SPECIFICALLY INTENDED TO RELEASE AND HOLD HOST HARMLESS AGAINST CLAIMS BROUGHT BY ANY THIRD PARTIES AS A RESULT OF PARTICIPANT’S PARTICIPATION IN THE ACTIVITY.

I agree that this Release shall be governed by Vermont law and that any dispute relating to this Release shall be decided exclusively by the courts of the State of Vermont. In the event any provision of this Release shall be deemed invalid or unenforceable by any court, such provision shall be deemed severed from this Release and replaced by a valid and enforceable provision which approximates as closely as possible the stricken provision.

I HAVE READ THIS DOCUMENT, CLEARLY UNDERSTAND THAT I MIGHT BE GIVING UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE, AND INTEND IT BE A COMPLETE AND UNCONDITIONAL WAIVER AND RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

May 1, 2024

 

First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
A signed copy of this waiver will be sent to the email address you provide.

SIGNATURE OF PARENT OR LEGAL GUARDIAN REQUIRED FOR PARTICIPANTS UNDER THE AGE OF 18

           As the parent or legal guardian of the minor child Participant named above, I hereby make and enter into each and every agreement, representation, waiver, and release described above on behalf of myself, the Participant, and any other parent or legal guardian of the Participant, intending that they be binding on me, the Participant, and our respective heirs, executors, administrators, and assigns. By affixing my signature below I represent that I possess the authority to act on behalf of all of the minor child Participant’s parents or legal guardians and that I intend to give up my right, and the right of any other parent or legal guardian to maintain any claim or suit against Host arising out of the Participant’s participation in the Activity involving Host in any way. I further agree to hold harmless, defend, and indemnify Host of and from any claims from third parties arising from the minor child Participant’s participation in the Activity.





By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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