WARNING! Skiing in its various forms (including downhill skiing, ski racing, telemark skiing, alpine touring, and snowboarding), and snow tubing and snowshoeing involves many risks inherent winter sports including but not limited to the unevenness and unpredictability of the surface, steep, slippery, uneven conditions, and interaction with machines, equipment, and other skiers. ACKNOWLEDGMENT OF RISKS & HAZARDS: I understand that participating in the winter sports programs, and skiing, riding, snowtubing, snowshoeing and engaging in other winter recreational activities at Berkshire East Ski Resort and/or Catamount Ski Resort or at other ski areas while participating in Berkshire East and/or Catamount programs (including the ski areas’ Ski Race Program, Snow Sports Lessons, Ski Racing and/or Snow Tubing, as applicable to me or my child) (collectively, the “Program Activities”) is hazardous and includes the risk of injury and require the deliberate control and good judgment of the participant. The Program Activities contain inherent risks including but not limited to the risks of personal injury, death, damages and/or property damage which may be caused by variations in terrain, slope design, or weather conditions, surface or sub-surface snow, ice, bare spots or areas of thin cover, moguls, ruts, bumps, roads, catwalks, other persons using the facilities, rocks, forest growth, debris, branches, trees, roots, stumps or other natural objects or man-made objects such as snowmobiles, snow machines, snow grooming equipment, signs, fence posts and off-trail snowmaking equipment as well as many other hazards, that are incidental to the provision and/or maintenance of the ski areas. Participants may encounter steep terrain and become air borne. I acknowledge that falls, injuries, and collisions with other skiers/riders (including uphill traffic) are a common occurrence in the while engaged in the Program Activities. I understand there are risks of impacting objects or being impacted by objects or other persons while participating in the Program Activities and that children are regularly and frequently injured in the Program Activities. I specifically acknowledge that racing and race training is extremely dangerous and acknowledge that racing, race training, skiing/riding at high speeds, gate training, drills and all other race training is especially hazardous. Racing involves travel to other ski areas and skiing at resorts not controlled or maintained by Berkshire East and/or Catamount. Snow tubing presents the additional risk because of the lack of control of the snow tube so snow tubers are responsible for determining that the snow chute is clear before descending. Snow tubes may be used in designates snow chute only. If enrolled in a race program or other program that that requires it, I represent that my child has the ability to ride all uphill transportation devices (ski lifts) by themselves, with other children only, and with general public. I acknowledge these risks are both obvious and necessary to winter sports and freely and voluntarily elect to enroll, or to enroll my child in one or more of the Program Activities understanding such inherent risks include serious or fatal injury. RELEASE OF LIABILITY: In consideration of being able to participate in the Program Activities, I (and, if applicable on behalf of my child and spouse) FOREVER RELEASE AND FULLY DISCHARGE, on , BERKSHIRE EAST SKI RESORT, LLC, a Massachusetts limited liability company (”Berkshire East”) and CATAMOUNT SKI RESORT, LLC, a Massachusetts limited liability company (“Catamount”) and all of their subsidiaries and affiliates or related entities, and any and all of their respective agents, servants, successors, heirs, personal representatives, administrators and all other persons, employees, corporations, subsidiaries, affiliates, firms, predecessors and successors in interest (collectively, the “SKI AREA RELEASED PARTIES”) from all liability for personal injury and/or death and/or damages and property loss to myself, my child if applicable, and anyone for whom I sign this Release (together, the “Participant”) as a result of the acts or omissions of the SKI AREA RELEASED PARTIES including, but not limited to negligence, breach of warranty, product defect, loss, damage or theft of personal property, the conduct of any other person and any other cause. COVENANT NOT TO SUE: In consideration of me or my child being able to participate in the Program Activities, on behalf of myself and my child, I agree that I will not make any claim nor bring any suit for any damages, injury or death to the participant which results from any inherent risks or other risks, as I have agreed they are defined herein. This contract may also be pled as an affirmative defense to any claim that I, or anyone on my behalf or because of injury or death, might make as a result of any damage, injury, and/or death which I, or my child may sustain as a result of his or her participation in and caused by the inherent or other risks of winter sports. This release and covenant not to sue shall be read as broadly as allowed at law. INDEMNITY AND HOLD HARMLESS: I also agree, that in the event that anyone makes any claims against the SKI AREA RELEASED PARTIES, as a result of the participant's activities on its premises or the use of their facilities, that I will indemnify and hold harmless the SKI AREA RELEASED PARTIES from such claims. I, for myself and my heirs and assigns hereby acknowledge and accept these risks for myself or my child. If I have executed this Release for another person, I represent that I have complete authority and will indemnify and hold the SKI AREA RELEASED PARTIES harmless from any claims (including attorney’s fees incurred) that the Release was not properly executed by or on behalf of the Participant. MEDICAL DISCLOSURE AND CONSENT TO NECESSARY MEDICAL TREATMENT: I certify that my child and I are physically fit and have no medical conditions that affect my or his or her ability to participate in the applicable Program Activity. I will disclose any medical or behavioral issues which my child has and understand that some medical or behavioral issues will disqualify participation. I understand that participants in the Program Activities may not be pregnant or under the influence of drugs or alcohol. I certify that my child meets the age requirements and height and weight restrictions to participate in the Program Activities. Should a medical emergency arise, I realize my child may be far away from emergency rescue and treatment facilities. I give permission to Berkshire East and/or Catamount ski patrol and other personnel to render first aid and/or call upon Emergency Services. AUTHORIZATION FOR USE OF IMAGE & COMMENT: I understand that my child and/or I may be photographed, video-taped or recorded while at Berkshire East and/or Catamount. I hereby release Berkshire East and/or Catamount from all claims relating to images and videos of myself and/or my child and agree to grant reproduction and/or publication rights without compensation for all purposes including all uses in traditional print media, electronic rights for existing media and any future forms of the electronic media to Berkshire East and/or Catamount for the use of said images and videos. These rights shall be granted without restriction. PARTICIPANTS UNDER AGE 18: As parent or legal guardian signing this agreement for the named minor(s), I acknowledge and agree that I have read the document, and am signing this document on behalf of the minor. Minors may be asked to sign to acknowledge risk but are not authorized to sign the children’s program activities Waiver and Release form without their parent or legal guardian signing on their behalf. ELECTRONIC SIGNATURE: I recognize that I may accept the terms of this Release electronically and that an electronic or photocopy release will be enforceable as if the document were a signed original. If I have signed electronically, I acknowledge that I was given a full, fair, and complete opportunity to read this release prior to accepting its terms, either by viewing a hard copy, viewing it on a computer, tablet or smartphone screen or printing it on my own. JURISDICTION AND CHOICE OF LAW: I agree that any claim that I may bring against the SKI AREA RELEASED PARTIES shall be brought in the Superior Court, Berkshire County or Franklin County, Massachusetts or the U.S. District Court for the District of Massachusetts and no other jurisdiction and shall be governed by Massachusetts law. I consent and agree for myself and/or my minor child to be bound by this agreement and I hereby indemnify the SKI AREA RELEASED PARTIES for all awards, legal expenses and settlements arising out of the use of the SKI AREA RELEASED PARTIES. OTHER TERMS: This is a legally binding contract that supersedes all other agreements or representations by the SKI AREA RELEASED PARTIES. If any terms are determined to be unenforceable, all other provisions shall be given full force and effect. I ACKNOWLEDGE THAT THIS RELEASE WILL APPLY FOR EACH AND EVERY TIME I OR MY CHILD PARTICIPATES IN THE PROGRAM ACTIVITIES AT BERKSHIRE EAST AND/OR CATAMOUNT. I understand that this is a release of liability which will legally prevent me or any other person from filing suit or making any other claims for damages in the event of personal injury, death, or property damage. I have made no misrepresentations regarding my child’s name, age, weight, or medical condition. I intend this document to be interpreted as broadly as permissible by Massachusetts law and understand that it is not intended to assert any claims or defense prohibited by law. 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. I FURTHER ASSERT I HAVE COMPLETE AUTHORITY TO EXECUTE THIS DOCUMENT FOR MYSELF AND ANYONE FOR WHOM I AM EXECUTING THIS DOCUMENT. This Agreement is executed under seal on the date noted below. Date: January 1, 2026 RENTAL AGREEMENT and WAIVER RELEASE WARNING! Skiing in its various forms (including downhill skiing, telemark skiing, alpine touring, uphill travel, snowboarding), and snow tubing and snowshoeing involves many risks inherent winter sports including but not limited to the unevenness and unpredictability of the surface, steep, slippery, uneven conditions, and interaction with machines, equipment, and other skiers.
THIS RENTAL AGREEMENT WITH WAIVER AND RELEASE AGREEMENT MUST BE SIGNED BEFORE RENTING SKIS, SNOWBOARDS, SNOWBLADES, HELMETS OR ANY OTHER SNOW SPORTS EQUIPMENT (“SNOW SPORTS EQUIPMENT''). PARENT OR GUARDIAN MUST SIGN FOR MINORS
ACKNOWLEDGMENT OF RISKS & HAZARDS: I acknowledge that skiing and snowboarding and other alpine activities allowed by Berkshire East Ski Resort and Catamount Ski Resort, specifically including uphill travel, like many other sports, are hazardous, requiring the deliberate control and good judgment of the participant. These activities contain inherent risks including but not limited to the risks of personal injury, death, damages and/or property damage which may be caused by variations in terrain, slope design, or weather conditions, surface or subsurface snow, ice, bare spots or areas of thin cover, moguls, ruts, bumps, roads, catwalks, other persons using the facilities, rocks, forest growth, debris, branches, trees, roots, stumps or other natural objects or man-made objects such as snowmobiles, snow machines, snow grooming equipment, signs, fence posts and off-trail snowmaking equipment as well as many other hazards, that are incidental to the provision and/or maintenance of Berkshire East Ski Resort and Catamount Ski Resort. I acknowledge that falls, injuries, and collisions with other skiers/riders (including uphill traffic) are a common occurrence in these activities. I agree that these risks are both obvious and necessary to these winter sports activities and freely and voluntarily elect to purchase a season’s pass for me and/or my child understanding such inherent risks include serious or fatal injury. RELEASE OF LIABILITY: In consideration of being able to utilize Berkshire East Ski Resort in Charlemont, Massachusetts and Catamount Ski Resort in South Egremont, Massachusetts and Hillsdale and Copake, New York, I FOREVER RELEASE AND FULLY DISCHARGE, BERKSHIRE EAST SKI RESORT, LLC, a Massachusetts limited liability company and CATAMOUNT SKI RESORT, LLC, a Massachusetts limited liability company and all of their subsidiaries and affiliates, and any and all of their agents, servants, successors, heirs, personal representatives, administrators and all other persons, employees, corporations, subsidiaries, affiliates, firms, predecessors and successors in interest (collectively, the “SKI AREA RELEASED PARTIES”) from all liability for personal injury and/or death and/or damages and property loss to myself, my child if applicable, and anyone for whom I sign this Release (together, the “Participant”) as a result of the acts or omissions of the SKI AREA RELEASED PARTIES including, but not limited to negligence, breach of warranty, product defect, loss, damage or theft of personal property, the conduct of any other person and any other cause. COVENANT NOT TO SUE: In consideration of being able to utilize the Berkshire East Ski Resort and/or Catamount Ski Resort, I agree that I will not make any claim nor bring any suit for any damages, injury or death to the participant which results from any inherent risks or other risks, as I have agreed they are defined herein. This contract may also be pled as an affirmative defense to any claim that I, or anyone on my behalf or because of my injury or death, might make as a result of any damage, injury, and/or death which I, or my child may sustain as a result of his or her participation in and caused by the inherent or other risks of winter sports. This release and covenant not to sue shall be read as broadly as allowed at law. INDEMNITY AND HOLD HARMLESS: I also agree, that in the event that anyone makes any claims against the SKI AREA RELEASED PARTIES or any of its affiliates, officers; directors, shareholders, agents, and/or employees, as a result of the participant's activities on its premises or the use of their facilities, that I will indemnify and hold harmless the SKI AREA RELEASED PARTIES from such claims. I, for myself and my heirs and assigns hereby acknowledge and accept these risks for myself or my child. If I have executed this Release for another person, I represent that I have complete authority and will indemnify and hold the SKI AREA RELEASED PARTIES harmless from any claims (including attorney’s fees incurred) that the Release was not properly executed by or on behalf of the Participant. USE OF EQUIPMENT: I accept the rental equipment provided by Berkshire East Ski Resort and/or Catamount Ski Resort and accept full responsibility for its care. I have accurately completed the ski area's request for the user’s height, weight, and age or skier type. I will return the equipment in its present condition and will be responsible for its full replacement cost if it is lost or damaged or stolen when it is in my care and possession. I have received full instructions on the use of the equipment, and I fully understand the use and function of the equipment. I verify that the visual indicators on my equipment (boots, bindings, skis, snowboard) correspond to the settings as shown on the rental agreement form completed in advance or at the time of the rental. I acknowledge that Berkshire East Ski Resort and/or Catamount Ski Resort make no warranties expressed or implied and the Winter Sports Equipment is rented “AS IS.” I understand that the Snow Sports Equipment may not be used by anyone but the renter. Any misuse of the Snow Sports Equipment in violation of this agreement will require the immediate return of the Snow Sports Equipment, without any refund. VERIFICATION OF SETTINGS AND CONDITION: I agree that I understand how the ski/snowboard-boot-binding system or helmet works, and I have been instructed in its proper use. I agree that the binding release/retention setting numbers appearing in the visual indicator windows on the binding correspond to the binding release/retention settings on this form. I agree it is my responsibility to and that I will check this sports equipment between each use and that I will not ski/ride if any parts are worn, broken, or missing, I further agree it is my responsibility and I agree that I will verify the binding indicators before using equipment provided to me, my child, and/or anyone for whom I execute this form. If the indicators do not match the settings on the rental equipment identification tag, neither I, my child, or anyone for whom I execute this form, will use the equipment until a Berkshire East or Catamount technician has made the proper adjustment(s), and the adjusted settings have been verified by me. LIMITATION OF EQUIPMENT SAFETY: I understand that the Alpine ski equipment being furnished forms a part of a ski-boot binding system which will NOT RELEASE OR RETAIN at all times or under all circumstances, and that its use cannot guarantee this users safety or freedom from injury. I further agree and understand that this ski-boot-binding system does NOT ELIMINATE THE RISK of injuries to this user's knees or to any other part of this user's body. If snowboard or snowblade equipment is furnished, I understand that system does NOT RELEASE at ANY time and does NOT REDUCE the risk of injuries to any part of the user's body. I understand that if I have rented a helmet, it meets US and/or European standards, but that all accidents are unique and even common low speed accidents can result in serious injury or death. Therefore, there is absolutely no guarantee of my safety. EQUIPMENT RETURN: Return Deadline: All seasonal rental equipment is due to be returned by Monday, April 14, 2025. Early Returns: Renters who return all their seasonal rental equipment on or before April 14, 2025, will receive a $5 gift card for Berkshire East Mountain Resort or Catamount Ski Resort per rental package returned. Late Returns: Any equipment not returned by May 14, 2025 will be assumed to be lost or stolen and the Renter's card on file being charged the full cost to replace the equipment. This cost is set to replace the equipment that was not returned based on the current market value of new equipment. If this charge does not process, the Renter will be barred from renting other equipment from Berkshire East Mountain Resort or Catamount Ski Resort until that outstanding bill is paid in full and will be liable for costs of collection, including attorney’s fees. Extensions: All extensions must be approved by the Rentals Shop Manager or supervisor and will be on a weekly basis at a rate of $50 per week. It is the responsibility of the renter to request an extension before March 14, 2025. If there is no request to extend the equipment will be considered lost or stolen as defined in section 1b. EQUIPMENT DAMAGE: The Renter acknowledges and agrees that they are fully responsible for any damage to the rented ski equipment during the rental period. The Renter agrees to pay the cost of repairing any damage to the equipment, as determined by the Rental Shop. If any rented ski equipment is destroyed during the rental period, the Renter agrees to replace the equipment. The replacement cost will be determined by the Rental Shop based on the current market value of new equipment. The Rental Shop reserves the right to inspect all rental equipment upon its return. Any damage beyond normal wear and tear will be assessed, and the Renter will be notified of the associated repair or replacement costs no more than 24 hours after the end of the rental period. The Renter agrees to pay at the time of the return or upon notification by the Rental Shop for any assessed repair or replacement costs. If this payment is not made, charge does not process the Renter will be barred from renting other equipment from Berkshire East Mountain Resort or Catamount Ski Resort until that outstanding bill is paid in full and will be liable for costs of collection, including attorney’s fees.
PARTICIPANTS UNDER AGE 18: As parent or legal guardian signing this agreement for the named minor(s), I acknowledge and agree that I have read the document and I am signing this document on behalf of the minor. Minors may be asked to sign to acknowledge risk. ELECTRONIC SIGNATURE: I recognize that I may accept the terms of this Release electronically and that an electronic or photocopy release will be enforceable as if the document were a signed original. If I have signed electronically, I acknowledge that I was given a full, fair, and complete opportunity to read this release prior to accepting its terms, either by viewing a hard copy, viewing it on a computer, tablet or smartphone screen or printing it on my own. JURISDICTION AND CHOICE OF LAW: I agree that any claim that I may bring against the SKI AREA RELEASED PARTIES shall be brought in the Superior Court, Berkshire County or Franklin County, Massachusetts or the U.S. District Court for the District of Massachusetts and no other jurisdiction and shall be governed by Massachusetts law. I consent and agree for myself and/or my minor child to be bound by this agreement and I hereby indemnify the SKI AREA RELEASED PARTIES for all awards, legal expenses and settlements arising out of the use of the Berkshire East Ski Resort and/or Catamount Ski Resort. OTHER TERMS: This is a legally binding contract that supersedes all other agreements or representations by Berkshire East Ski Resort and/or Catamount Ski Resort and is enforceable until revoked in writing. If any terms are deemed unenforceable, all other provisions shall be given full force and effect. I ACKNOWLEDGE THAT THIS RELEASE WILL APPLY FOR EACH AND EVERY TIME I OR MY CHILD USES THE SKI AREAS’ FACILITIES. I understand that this is a release of liability which will legally prevent me or any other person from filing suit or making any other claims for damages in the event of personal injury, death, or property damage. I have accurately reported my child’s name, age, weight and/or medical condition. I intend this document to be interpreted as broadly as permissible by Massachusetts law and understand that it is not intended to assert any claims or defense prohibited by law. 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. I FURTHER ASSERT I HAVE COMPLETE AUTHORITY TO EXECUTE THIS DOCUMENT FOR MYSELF AND ANYONE FOR WHOM I AM EXECUTING THIS DOCUMENT. This Agreement is executed under seal on the date noted below. Date: January 1, 2026
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