ASSUMPTION OF RISK, LIABILITY WAIVER AND RELEASE
WARNING: PLEASE READ THIS CAREFULLY AND DO NOT SIGN OR USE THE
TRAILS UNLESS YOU UNDERSTAND AND AGREE.
MOUNTAIN BIKING AND NORDIC SKIING ARE POTENTIALLY DANGEROUS
ACTIVITIES THAT CAN RESULT IN SERIOUS INJURY OR DEATH TO
PARTICIPANTS AND OTHERS. IF YOU USE THE KINGDOM TRAIL
ASSOCIATION TRAIL SYSTEM AND/OR THE BURKE MOUNTAIN OPERATING
CO. BIKE PARK AND TRAILS (TOGETHER, THE “TRAILS”), YOU ASSUME ALL
RISK OF INJURY OR DEATH, WAIVE RIGHTS TO SEEK DAMAGES AND
RELEASE OTHERS FROM ALL LIABILITY, FOR YOURSELF AND CHILDREN OR
MINORS WHO ACCOMPANY YOU.
MOUNTAIN BIKING is on trails, roads and natural rugged terrain. It is a HAZARDOUS
activity. It requires technical skill to manage risks including, but not limited to, slopes, inclines,
uneven terrain, rocks, trees, roots, stumps, treadway drops, holes, depressions, constructed
features such as bridges, bumps, berms, jumps, drops, elevated earthen ramps, uneven and/or
slippery trail conditions, varying slopes, forest growth, loose gravel and dirt, wet surfaces,
downed timber, debris, collisions with other riders, with pedestrians, or heavy equipment,
vehicles and other obstacles. Trail conditions quickly due to weather, use and other factors.
NORDIC SKIING is on a groomed, packed or at times ungroomed and/or unpacked snow
surfaces. It is a HAZARDOUS activity. It requires technical skill to manage slopes, uneven
terrain and descents on a slippery surface. Risks include, but are not limited to, varying and
quickly changing surface and subsurface conditions, ice, hard pack, obstacles, frozen
impediments, low branches, collisions, downed timber, water, sink holes, clumped debris, and
collisions with grooming equipment, vehicles, and other participants or observers.
BOTH MOUNTAIN BIKING AND NORDIC SKIING require quick decisions by all
participants, deliberate and conscious control, thorough lookout and care, properly chosen and
maintained equipment and due regard for ever-changing variables and dangers. Safety is directly
affected by participant judgment and attention to the environment and all above factors.
ASSUMPTION OF RISKS, LIABILITY WAIVER AND RELEASE. Acknowledging and
despite the above risks, in consideration of a membership allowing use of the Trails, I for myself
and if they accompany me, for my participating children and minors accompanying me on the
Trails, knowingly and voluntarily (1) ASSUME ALL RISK of injury or death that may result
from using the trails for any purpose; (2) WAIVE AND FOREVER RELINQUISH any and all
legal, equitable or other claims and resulting damages that may arise out of use of the trails; (3)
RELEASE, DISCHARGE AND AGREE NEVER TO SUE Kingdom Trails Association,
Burke Mountain Operating Co. and all persons and organizations maintaining or owning the
property over which the Trails pass, and all of their directors, managers, employees, agents,
heirs, administrators or assigns, for any damages or liability for injury or death arising out of,
associated with or resulting from the use of the Trails, regardless of whether the cause of such
injury or death was the negligence or fault of those listed persons or organizations.
REPRESENTATION AND INDEMNIFICATION. I further warrant and represent that I am
authorized to sign this Assumption Of Risk, Liability Waiver And Release Agreement on behalf
of all minors who will ever accompany me on the Trails and that I am their parent or legal
guardian, or have permission of their parents or legal guardians to do so. I will indemnify and
hold harmless all persons or organizations described above who are protected from liability by
this Assumption Of Risk, Liability Waiver And Release Agreement in the event of a claim made
against any of them on behalf of any minor accompanying me on the Trails. I also agree that we
will abide by all policies and by the rules of conduct for Kingdom Trails Association and Burke
Mountain Operating Co.as contained in the policies and/or brochures.
AUTHORIZATIONS: I hereby authorize and expressly permit Kingdom Trails Association and
Burke Mountain Operating Co.(1) to arrange transport by ambulance for me, any of my children
and for those minors accompanying me in the event of the need for medical treatment if I or their
parents cannot be contacted; (2) to photograph me or any minors accompanying me and use said
photographs now and in the future in brochures, internet, multimedia presentations and
newspapers, and I understand and agree that such images may be used without further notice or
compensation, and agree that such material will be freely available for download and
distribution; or (3) to transport me , my child/children and any minors accompanying me, via
shuttle or otherwise, to and from all activities they may participate in while accessing the Trails.
FORUM SELECTION: I agree that any dispute arising out of my use of the Trails or out of this
Agreement shall be litigated exclusively in the Vermont Superior Court, Caledonia Civil
Division or the U. S. District Court for the District of Vermont.
APPLICABLE TO ALL USE AT ANY TIME: I agree that this Assumption Of Risk,
Liability Waiver And Release will be applicable to and govern any use of the Trails by me, my
household members, children’s and any accompanying minors at any time subsequent to the
below date, whether such use is for a single day, for a future day in the current summer/winter
season or in any subsequent seasons.