BY SIGNING THIS DOCUMENT I HEREBY WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE SKI THE WHITES, LLC, A NEW HAMPSHIRE LIMITED LIABILITY COMPANY ("Provider"), and its respective directors, officers, employees, guides, agents, independent contractors, subcontractors, representatives, successors, assigns and guests (collectively, the “Releasees")
I desire to participate in the activity described below (the "Wilderness Activity"). In consideration of being permitted to participate in the Wilderness Activity, I hereby agree to all the terms of this Equipment Rental, Release of Liability and Waiver of Rights (this "Release and Waiver"), including all the covenants and agreements listed on the reverse side of this form. In this Agreement, the term "Wilderness Activity/Activities" shall include but is not limited to: alpine skiing, nordic skiing, telemark skiing, snowboarding, snowshoeing, hiking, touring, ski and snowboard touring, mountaineering, ski and snowboard mountaineering, rock climbing, ice climbing, expeditions, trekking, and all activities, services and use of facilities (including Black Mountain and all other buildings either on or off premises), either provided by or arranged by the Releasees including orientation and instructional sessions or classes, transportation, accommodation, food and beverage, water supply, and all travel by or movement around chairlifts, helicopters, other aircraft, snowcats, snowmobiles or other modes of transport.
ASSUMPTION OF RISK. I am aware that participation in Wilderness Activities involves many risks, dangers and hazards. Avalanches occur frequently in the terrain used for Wilderness Activities and may be caused by natural forces or by persons travelling through the terrain. I am aware that the Releasees may fail to predict whether the terrain is safe or whether an avalanche may occur. The terrain used for wilderness activities is uncontrolled, unmarked, not inspected, and involves many risks, dangers and hazards in addition to that of avalanche. These may include, but are not limited to: cornices; crevasses; cliffs; trees, tree wells; tree stumps; forest dead fall; creeks; rocks; rock fall; boulders; holes and depressions on or below the snow surface; variable and difficult snow conditions; hypothermia, snow immersion; equipment failure; encounters with domestic and wild animals; slips, trips and falls; impact or collision with other persons; becoming lost or separated from one’s party or guide; negligent first aid; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF WILDERNESS ACTIVITIES. Communication in the alpine terrain may be difficult, and in the event of an accident or illness, rescue, medical treatment and evacuation may not be available or may be delayed. Alpine weather conditions may be extreme and can change rapidly and without warning.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH WILDERNESS ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE FROM LIABILITY. I fully and forever release and discharge Provider and its respective affiliates, directors, officers, shareholders, employees, agents, and insurers, and all others involved in the Wilderness Activity (collectively referred to in this Release and Waiver as "Provider") from any and all injuries (including death), losses, damages, claims (including negligence claims), demands, lawsuits, expenses, and any other liability of any kind, of or to me, my property, or any other person, directly or indirectly arising out of or in connection with my participation in the Wilderness Activity, even if it is due to the negligence, injudicious act, omission or other fault of Provider.
INDEMNITY. I will defend, indemnify, hold harmless and reimburse Provider from and for all damages, losses, costs, or expenses (including legal fees) incurred by Provider or paid by them to any person (including me or my insurers) in respect of any accident, injury (including death), loss, or property damage, however caused resulting from, arising out of, or otherwise in connection with my participation in the Wilderness Activity. I will reimburse Provider if anyone makes a claim against Provider in connection with my participation in the Wilderness Activity, including, without limitation, any accident I may be involved in or any injury, loss, damage to me, other parties or property however caused.
COVENANT NOT TO SUE. I will not initiate any claim, lawsuit, court action or other legal proceeding or demand against Provider, nor join or assist in the prosecution of any claim for money or other damages which anyone may have, on account of injuries (including death), losses, or damages sustained by me, other parties or my (or others') property in connection with my participation in the Wilderness Activity, and I waive any right I may have to do so. This means that I cannot sue to hold Provider responsible for any injury, loss, or damage sustained by me, other parties or my (or others') property in connection with the Wilderness Activity, even if it is due to the negligence, injudicious act, omission or other fault of Provider. I waive my insurers' right to make a claim against Provider based on payments by insurers to me or on my behalf for any reason. This means my insurers have no rights of subrogation against Provider.
MEDICAL EXPENSES. I hereby consent to receive medical treatment which may be deemed necessary in the event of any illness, accident or injury or medical emergency resulting from or in connection with my participation in the Wilderness Activity and understand that I am solely responsible for all costs related to such medical treatment, medical transportation and/or evacuation.
REPRESENTATIONS. I am in good health, in proper physical condition, and I do not have any medical or other conditions that would impair my ability to perform or otherwise participate in the Wilderness Activity.
COVENANTS. I will follow any and all instructions, recommendations and cautions of Provider at all times during the Wilderness Activity, including, without limitation, in respect of my participation in the Wilderness Activity. I will comply with all Applicable Laws while participating in the Wilderness Activity.
PUBLICITY. I hereby grant Provider, without limitation, the right to use my name and likeness in connection with the Activity for any publicity without further compensation or permission.
RENTAL EQUIPMENT. (i) I accept for use AS-IS the equipment I receive to perform the Wilderness Activity, and accept full financial responsibility for the care of the equipment while it is in my possession. I will be responsible for the replacement at full retail value of any equipment provided, but not returned. I will pay all attorney fees related to collection and/or non-payment for damaged and/or unreturned equipment. I agree to return all rental equipment by the agreed date and time; (ii) unlike alpine ski boot/binding systems, alpine touring boot/binding systems are not designed or intended to release and will not release under normal circumstances, thus increasing the risk of not surviving an avalanche or fall while performing and/or participating in the Wilderness Activity.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THE COVENANTS AND AGREEMENTS AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE PROVIDER.