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, Fishing, Bird Watching, Skateboarding, Zip Lines, Climbing Wall, Laser Tag, Disc Golf, Archery Tag, 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, drowning, 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 PARTICIPATE IN ACTIVITIES AT BLUE MOUNTAIN RESORT AND OTHER PROPERTY OWNED BY THE TUTHILL CORPORATION, I AGREE THAT I WILL NOT SUE Tuthill Corporation or any successor in interest or assignee of Tuthill Corporation’s ownership of the Blue Mountain Resort OR ANY OTHER OWNER OF THE BLUE MOUNTAIN RESORT, OR ANY OF THEIR OWNERS, OPERATORS, OFFICERS, DIRECTORS, AGENTS, SERVANTS, VOLUNTEERS OR EMPLOYEES (HEREINAFTER REFERRED TO COLLECTIVELY AS “BLUE MOUNTAIN”) AND WILL RELEASE BLUE MOUNTAIN FROM ANY AND ALL LIABILITY 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 BLUE MOUNTAIN. I FURTHER AGREE THAT I WILL DEFEND, INDEMNIFY AND HOLD HARMLESS BLUE MOUNTAIN FROM ANY LOSS, LIABILITY, DAMAGE OR COST OF ANY KIND THAT MAY OCCUR AS THE RESULT OF ANY INJURY TO MYSELF, TO ANY MEMBER OF MY FAMILY OR TO ANY PERSON FOR WHOM I AM SIGNING THIS AGREEMENT, EVEN IF IT IS CONTENDED THAT ANY SUCH INJURY WAS CAUSED BY THE NEGLIGENCE, OR ANY OTHER IMPROPER CONDUCT FOR WHICH A RELEASE IS NOT CONTRARY TO PUBLIC POLICY, ON THE PART OF BLUE MOUNTAIN.
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.
In exchange for permission to go on the Off Road Segway Tour, I agree as follows:
I expressly accept the risk of serious injury or death caused by the risks that I encounter when using a Segway™ Personal Transporter (PT). Such risks include, but are not limited to the following:
Narrow trails, steep inclines, steep declines, drop-offs, uneven terrain, rocky terrain, bumps, banks, ruts and other variations of terrain;
Variation in conditions, such as dusty, wet, muddy, snowy, cloudy, foggy and icy conditions;
Collisions with hidden or obvious hazards such as trees, limbs, roots, stumps, rocks, barriers, signs, fences, poles, people, or animals;
Flying debris, dirt, rocks, sticks, or other objects;
Complete or partial ejection from the PT;
Failure of the PT or related equipment to function properly; and
Injuries caused by the negligence of Blue Mountain Resort or its employees. For example, negligent failure to maintain the PT, negligent failure to supervise participants, and negligent failure to warn of or avoid hazards such as those listed above.
I will follow the instructions and direction of my Tour Guide provided by Blue Mountain Resort and all Rules and Regulations. If I fail to do so, Blue Mountain Resort may revoke its permission to participate without any refund or reimbursement to me.
I accept the PT and any other equipment “AS IS”. I understand that Blue Mountain Resort gives no warranty that the PT is free from defects and in proper working order for its intended purpose.
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: July 26, 2021
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
WEIGHT: Maximum weight is 250 lb (113.39 kg)
WEIGHT: Maximum weight is 250 lb (113.39 kg)
OFF ROAD SEGWAYS
WEIGHT: Minimum weight 100 lb (45.36 kg) maximum weight is 250 lb (113.39 kg) Age 12
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.