BERKSHIRE RAFTING LLC.
PARTICIPANT AGREEMENT, RELEASE OF ALL CLAIMS, AND ACKNOWLEDGMENT OF RISK
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In consideration for Berkshire Rafting, LLC., Berkshire East, LLC, Catamount Ski Resort, LLC, the Schaefer Family, all of their subsidiaries and affiliates, and any and all of their agents, servants, successors, heirs, personal representatives, and all other persons, volunteers, employees, related corporations, firms, predecessors and successors in interest (hereinafter collectively referred to as “Berkshire Whitewater”) providing me services and/or equipment to enable me to participate in whitewater/scenic rafting I hereby release, waive, forever discharge, and hereby covenant not to sue Berkshire Whitewater on behalf of myself, my children, my parents, my heirs, assigns, personal representatives, and estate and expressly releasing Berkshire Whitewater of, from and against any and all liability for any harm, injury, damage, claims, demands, actions, causes of action, costs and expenses of any nature to the greatest extent possible which I may have or which may hereafter accrue to me, arising out of or related to any loss, damage, or injury, including but not limited to suffering or severe injury or death, that may be sustained by me or my property or my minor child, whether caused by the negligence or carelessness of the Berkshire Whitewater or otherwise, while I am in transit to and from water and engaged in whitewater/scenic rafting experience or on property owned or controlled by Berkshire Whitewater or otherwise engaging in activities offered by Berkshire Whitewater. I also agree, that in the event that anyone makes any claims against Berkshire Whitewater, as a result of my actions or the use of their facilities, that I will indemnify and hold harmless Berkshire Whitewater from such claims and related attorney’s fees.
I further agree as follows:
I acknowledge that I am embarking upon a whitewater/scenic rafting experience. Rafting, including use of single and double passenger sit-on top kayaks, inflatable kayaks and/or stand-up paddle boards, (hereinafter “Whitewater Crafts”) involves transportation to/from the water, walking/hiking, and rafting. All rafting experiences involve known, unknown, and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand such risks are inherent and common to the rafting experience upon which I am embarking. I recognize these risks, and release and discharge Berkshire Whitewater from all claims.
Water is unpredictable and ever changing. Swift moving currents and whitewater rapids will be encountered. I will be bumped, bounced, and shaken. I may be struck by other passengers, paddles, and/or other objects. Whitewater Crafts do capsize. I may be washed overboard (into the water). Accidents can occur getting on and off Whitewater Crafts. I will be exposed to the natural elements, which can be uncomfortable and/or harmful, including but not limited to, sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, and hypothermia. I fully understand death and accidental drowning, while uncommon, are inherent risks of my participation. I also acknowledge there are other dangers in whitewater rafting not specifically listed herein. I acknowledge I am voluntarily embarking upon this experience, recognize these risks, and release and discharge Berkshire Whitewater from all claims.
The guides and staff employed by Berkshire Whitewater have difficult jobs to perform and are not infallible. They must make quick decisions in high stress and complex situations. The judgment of guides, guests, the public, or myself may be impaired by the nature of the situations encountered. I understand that guides may misjudge a participant’s fitness, weather, elements, river route, river conditions, the terrain and/or other unknown items. I again acknowledge I am voluntarily embarking upon this experience, recognize these risks, and release and discharge Berkshire Whitewater to include, but not limited to, the negligence of Berkshire Whitewater and, specifically the acts and omissions of its guides and other guests and claims that guides and staff were not adequately trained or possessed sufficient experience and/or skill.
I understand and agree that Berkshire Whitewater does not have medical personnel or treatment available. I hereby authorize and grant full permission to secure emergency medical treatment for me, if necessary, and further that such action shall be subject to the terms of this Agreement. I understand and agree that Berkshire Whitewater makes no warranty and assumes no responsibility for any injury or damage that might arise out of or in connection with such authorized emergency medical treatment.
I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate with full knowledge and understanding of these risks.
I consent to the reproduction and use by Berkshire Whitewater of photographs, videos and other images and sound recordings of me, or the minor participant for whom I am responsible, without compensation, for advertising or other purposes; and I release Berkshire Whitewater from liability for any violation of any personal and/or proprietary right I or the minor participant may have in connection with such reproduction or use.
Should Berkshire Whitewater or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating or I agree to bear the costs of such injury or damage myself (and others, if caused by my conduct.) I further certify that I have no medical or physical conditions which could interfere with my and others’ safety in this activity.
I agree that the Commonwealth of Massachusetts has exclusive jurisdiction over all claims I make or is made on my behalf against Berkshire Whitewater, that every claim/suit against Berkshire Whitewater shall be commenced in Massachusetts, and Massachusetts law shall apply in any claim/suit brought against Berkshire Whitewater regardless of any conflict of laws rules of any other jurisdiction.
Should any term, part, or provision of this document be determined to be unenforceable, I acknowledge and agree that the remainder of the document shall remain in full force and effect.
THIS IS A RELEASE OF LEGAL RIGHTS. READ FRONT PAGE BEFORE SIGNING.
By signing this document, I acknowledge that if I or anyone else is hurt or property is damaged during my participation in this activity, I have waived my right to maintain a lawsuit against Berkshire Whitewater.
I have had sufficient opportunity to read this entire document.
I have read and understood it, and I agree to be bound by its terms.
This agreement will apply to me, or the minor participants, participation in Berkshire Whitewater activities, until replaced or cancelled in writing.
DO NOT SIGN FOR ANOTHER PERSON OTHER THAN YOUR OWN MINOR CHILD
If I have executed this Release for another person, I represent that I have complete authority and will indemnify and hold the Berkshire White harmless from any claims (including attorney’s fees incurred) that the Release was not properly executed by or on behalf of the Participant.