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Mountain Adventure Activities at Blue Mountain Resort

Release & Assumption of Risk Agreement

NOTICE OF RISK

     I, the undersigned, do hereby understand and agree that the adventure activities including, but not limited to Camping, Camp Fires, Chairlift Rides, The Woods, The Creek, Hunting, Fishing, Bird Watching, Skateboarding, Zip Lines, Climbing Wall, Laser Tag, Disc Golf, Action Archery, Swimming, Kayaking, Paddle Boarding, Rock Climbing, Aerial courses including The Summit Aerial Park and OMT (On Mt Training) including Trail Hiking, Running, Biking,  Yoga, Tai Chi and Obstacles (collectively referred to as Adventure Activities) contain inherent and other risks that could lead to serious injury or death.  These risks include, but are not limited to, falling from or out of the various features, traveling at various rates of speed, collisions with other boats, participants, or spectators; collisions with natural and man-made objects, such as: trees, rocks, fencing, signage and related equipment, including the lift; falls related to rough terrain, including variations in steepness, surface conditions such as; slippery walking surfaces, and other environmental hazards. Collisions or encounters with Mountain Bikers and Vehicles can occur. Encounters with wild animals can occur.

     I further agree to inspect each feature and associated equipment prior to any use.  I understand that I will receive instruction related to the use of features, where instruction is needed and agree to follow or ask for explanation of all the rules, policies, and user responsibilities prior to any use of the same.  I agree that the user information provided by me is true and correct and further agree to adhere to all the feature rider limits.

     I accept for use, AS IS, the Blue Mountain Adventure Park facilities including the lifts and other associated equipment.

When using the chairlifts, I acknowledge that I am responsible for safely getting myself to the loading line and for moving away from the chair at the top of the lift when unloading.

ASSUMPTION OF RISK

Understanding, acknowledging and agreeing to all the risks involved, I hereby agree to expressly and voluntarily accept and assume for myself and/or my minor child all the risk involved with the use of the facilities.

RELEASE OF LIABILITY

In consideration of being allowed to use the Blue Mountain Adventure Park and other Blue Mountain facilities, I AGREE THAT I WILL NOT SUE AND WILL RELEASE FROM ANY AND ALL LIABILITY THE TUTHILL CORPORATION DBA BLUE MOUNTAIN RESORT AS WELL AS THEIR OWNERS, AGENTS, VOLUNTEERS AND EMPLOYEES IF I OR ANY MEMBER OF MY FAMILY IS INJURED WHILE USING ANY OF THE BLUE MOUNTAIN  FACILITIES OR WHILE BEING PRESENT AT THE FACILITIES, EVEN IF I CONTEND THAT SUCH INJURIES ARE THE RESULT OF NEGLIGENCE, OR ANY OTHER IMPROPER CONDUCT FOR WHICH A RELEASE IS NOT CONTRARY TO PUBLIC POLICY, ON THE PART OF THE BLUE MOUNTAIN RESORT.

Notwithstanding the foregoing, if I sue Blue Mountain, I agree that I will only sue it, whether it be on my own behalf or on behalf of a family member, in the Court of Common Pleas of Carbon County or in the United States District Court for the Middle District of Pennsylvania and further agree that any and all disputes which might arise between Blue Mountain and myself shall be litigated exclusively in one of said Courts.  I understand and agree that this Agreement is governed by the laws of Pennsylvania.  I further agree that if any part of this Agreement is determined to be unenforceable, all other parts shall be given full force and effect.

     If I do not agree with the above, I will not use, and will not let my child use Blue Mountain’s facilities

I, the undersigned have read, understand, and agree to be legally bound by the above release agreement.


Date: August 10, 2020

PLEASE INITIAL EACH SECTION TO CONFIRM THAT YOU HAVE READ AND UNDERSTAND EACH FEATURES HEIGHT, AGE AND WEIGHT REQUIREMENTS. PLEASE COMPLETE THE PERSONAL INFORMATION BOX AT THE END 

ZIP LINES

WEIGHT: Maximum weight is 250 lb (113.39 kg) 

AERIAL PARKS

WEIGHT: Maximum weight is 250 lb (113.39 kg)

By signing below, I hereby give permission for Blue Mountain to use any photograph or video of me taken during participation for use in commercial or non-commercial publicity.

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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
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Last Name*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information

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Weight: *

Age: *
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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