In consideration of my being permitted to participate in Ice Skating at Seventh Mountain Resort (the Resort), and as a precondition, I have fully read the following Release Agreement (Agreement) and agree to its terms.
INFORMED CONSENT AND WAIVER OF LIABILITY
I acknowledge and understand that ice skating is a risky and potentially hazardous activity which can result in serious injury to me and/or others. I understand and assume any and all risk and responsibility in any way related directly and/or indirectly to me/my child ice skating. I further understand and am aware that there are inherent risks of physical injury and hazards associated with ice skating and do hereby consent to my/my childs participation. Furthermore, I hereby represent that my child and I are physically capable of participating in ice skating. Therefore, and in consideration for ice skating, I also hereby acknowledge and agree to the following:
IN NO EVENT SHALL THE RESORT, WYNDHAM RESORT DEVELOPMENT CORPORATION, OR ANY OF THEIR OWNERS, PRINCIPALS, AGENTS, CONTRACTORS, EMPLOYEES OR REPRESENTATIVES (RELEASED PARTIES), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OF ANY KIND WHATSOEVER, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OR IN ANY WAY ARISING FROM MY/MY CHILDS PARTICIPATION. I FURTHER UNDERSTAND THAT THIS IS A GENERAL WAIVER OF ALL CLAIMS AGAINST THE RELEASED PARTIES FOR ANY AND ALL DAMAGES RELATED IN ANY WAY TO ICE SKATING.
In further consideration for ice skating, I also agree not to bring any legal action against the Released Parties for any claims or demands of any nature whatsoever arising out of any loss, damage or injury, including death, that may result from my/my childs participation; and I further agree to indemnify and hold the Released Parties harmless from and against any loss, liability, damage or costs, including court costs and attorneys fees, that the Released Parties may incur arising from my/my childs ice skating.
I hereby warrant that I maintain medical insurance that covers me/my child for accidents and illnesses while participating, and I assume full responsibility for payment of any medical expenses not covered by such insurance. I certify that I will comply with all instructions and observe all safety standards / rules.
I understand my/my childs picture may be taken and used for promotional purposes by the Released Parties. I authorize my/my childs photo to be used for such purpose.
I further acknowledge and agree that I have signed this Agreement on behalf of, and that this Agreement shall be binding upon, myself, my child, our other family members, heirs, estates, administrators, assigns and personal representatives; and further agree that this Agreement shall be interpreted under the laws of the State of Oregon and that the state and federal courts located in Salem, Oregon, shall have exclusive jurisdiction of any claims arising under this Agreement.
October 20, 2018