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, the 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), Trail Hiking, Running, Biking, UTV tours, 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, off or out of the various features, traveling at various and high rates of speed, abrupt stops, collisions with other vehicles, bicycles, 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 other vehicles; crashes or rollovers on UTV’s and encounters with wild animals. I further agree to consider my ability to participate in any Adventure Activity, including observing the activity prior to my participation. I also agree to inspect any associated equipment prior to use. I understand that I will receive instruction related to my participation in certain Adventure Activities, the use of features and associated equipment, where instruction is needed, and agree to follow and/or abide by all rules, policies, and user responsibilities, and ask for explanation of oral or written instructions, policies or user responsibilities I do not understand prior to my participation in any Adventure Activity or use of any Adventure Activity equipment. I agree that the user information provided by me is true and correct and further agree to adhere to all the feature rider restrictions 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, loading, lowering the restraint bar, riding with the restraint bar down, raising the restraint bar to unload, unloading and moving away from the chair 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 BLUE MOUNTAIN RESORT I AGREE THAT I WILL NOT SUE BLUE MOUNTAIN RESORT, ITS OWNERS, OPERATORS AND LESSORS: BMR OPERATIONS, LLC, BLUE MOUNTAIN RESORT HOLDINGS, LLC, AND BM RESORT MANAGEMENT, LLC, INCLUDING THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, PARTNERS, MEMBERS, INVESTORS, OPERATORS, MANAGEMENT COMPANIES, AGENTS, SERVANTS, VOLUNTEERS AND EMPLOYEES (HEREINAFTER COLLECTIVELY REFERRED TO 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. I understand that weight/age limits are required for specific Blue Mountain activities. I agree that I will not be permitted to participate if I do not meet the requirements on the day of my activities. 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. This signed agreement will remain in effect for the entire 2024 adventure activity season at Blue Mountain Resort.
Participant signature: ____________________________________________ Date _____________ (If a minor (under 18), the signature of a parent or guardian is required) Parent or Guardian Signature: ____________________________________________ Date _____________ (The signature of one parent or guardian binds both parents or guardians in reference to this agreement) 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. Photograph/Video Signature____________________________________________________ Page 2 Aerial Parks and Zip Lines - Maximum weight is 250 lb (113.39 kg)
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