BLUE MOUNTAIN RESORT 25-26 SEASON PASS ACKNOWLEDGMENT OF RISKS AND AGREEMENT NOT TO SUE THIS IS A CONTRACT. READ IT! AGREEMENT NOT TO SUE IN CONSIDERATION OF BEING PROVIDED A SEASON PASS AT 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 Resort, 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. ACKNOWLEDGEMENT OF RISKS Skiing, snowboarding, and other snow sliding activities (hereinafter referred to collectively as “Snow Sports”), including the use of lifts, are dangerous sports with inherent and other risks. These risks include but are not limited to, variations in snow, steepness and terrain, trail side drop-offs, ice and icy conditions, moguls, rocks, trees, and other forms of forest growth or debris (above or below the surface), bare spots, lift towers, utility lines, poles and guy wires, snowmaking equipment and component parts, trail fences and control nets and the absence of such fences and nets, and other forms of natural or man-made obstacles on and/or off designated trails, as well as collisions with equipment, obstacles or other skiers; trail conditions vary constantly because of weather changes and skier use. These are some of the risks of snow sports. All of the inherent and other risks of snow sports present the risk of serious and/or fatal injury. I have read and understood the foregoing AGREEMENT NOT TO SUE AND ACKNOWLEDGMENT OF RISKS, and I am voluntarily signing below, intending to be legally bound hereby. If I am signing on behalf of a minor child, I represent and warrant that I am doing so with the consent and approval of my spouse (if any) and I understand that I may be giving up the rights of my child and spouse to sue as well as giving up my own right to sue. 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. I hereby give permission to receive a sms message from Blue Mountain Resort. This message will include the option to discontinue receiving sms messages from the resort. For the parent or legal guardian of those 17 years old and younger. I have explained this contract to the child named above in an age appropriate manner. Refund Policy: I understand that this pass is non-transferable. I also understand that there are no refunds on this pass except (a) Moving out of the area (letter from employer is required for verification); (b) Unable to ski due to a medical reason (letter from doctor is required for verification). If the pass qualifies for a refund based on these two reasons and has been used during the season, the refund amount will be prorated for the days used. For each day used, the refund will be decreased by 10%. Allow 30 days for the refund.
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