I, in exchange for the privilege of participating in Frostburn 2025, held February 7th to the 20th on Marvin’s Mountaintop in Masontown, West Virginia (hereinafter the “Event”), hereby agree to the following provisions: - I UNDERSTAND THAT THIS IS A BINDING LEGAL DOCUMENT, AND THAT BY SIGNING IT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO TAKE LEGAL ACTION against: Frostburn LLC, and any and all of the members of its Board of Directors; the owners of the land on which the Event is held; and any and all volunteers at or for the Event (hereinafter collectively referred to as the “Released Parties”).
- I am solely responsible for my own survival and well-being, as well as the survival and well being of any minor children that I have brought with me.
- I will comply with all applicable federal, state and local laws, as well. I will also read and comply with all signage and written and/or posted rules with respect to the Event. I understand that my failure or refusal to do so may result in my expulsion from the Event without a refund.
- I understand and acknowledge that participation in the Event entails certain risks, exposures and hazards, including but not limited to: Covid-19, extreme cold, bodily injury, disease, strains, fractures, burns, permanent paralysis and/or death. I understand and acknowledge that certain skills, equipment, and personal discipline may reduce these risks but will not eliminate them entirely. I knowingly and freely assume all such risks, both known and unknown, INCLUDING THE RISK OF NEGLIGENCE ON THE PART OF THE RELEASED PARTIES. I, on behalf of myself, my heirs and assigns, hereby release, indemnify, and hold harmless the Released Parties for any and all injury, disability, death, or loss or damage to person or property associated with my presence at or participation in the Event, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, to the fullest extent permitted by law.
- I understand that, although the Released Parties may attempt to provide certain services to the community, including but not limited to the provision of a helpful document called the “Survival Guide,” medical volunteers, and/or towing services, the provision of these services is in no way guaranteed, nor do the services, if provided, guarantee my health and/or safety. I understand and acknowledge that no guarantees, expressed or implied, have been made about these services or my safety, and I participate at my own risk.
- I understand that, in the event I need emergency medical treatment I will likely have to be transported out of the event in a helicopter. In the event of my injury, accident, or illness, I consent to receive medical care and treatment as deemed advisable in the best judgment of Event personnel and/or appropriate medical professionals. I authorize appropriate Event personnel to consent to such medical care and treatment on my behalf if I am unable to do so. I understand that all costs associated with medical care and treatment, including helicopter transport if necessary, are my sole responsibility.
- Severability: If any part of this Release is found to be invalid under applicable law, it is my intention that the invalid portion be stricken from the document and the remainder of the Release remain in full force and effect.
I HAVE READ THIS RELEASE AND FULLY UNDERSTAND ITS TERMS. I FURTHER ACKNOWLEDGE THAT I AM SIGNING THIS RELEASE FREELY AND VOLUNTARILY. I FURTHER ACKNOWLEDGE THAT I AM OVER 18, SOBER, AND OTHERWISE CAPABLE OF ENTERING INTO A BINDING CONTRACT. Date Signed: January 9, 2025 |