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Berkshire East Ski Resort, LLC.
66 Thunder Mountain Road
Charlemont, MA 01339

BERKSHIRE RAFTING, LLC

ZOAR OUTDOOR ADVENTURE RESORT, LLC

WATER SPORTS WAIVER AND RELEASE

YOU ARE VOLUNTARILY ENGAGING IN WATER SPORTS ACTIVITIES

AND WAIVING ALL LEGAL CLAIMS

WARNING! Water sports their various forms (including whitewater rafting, canoeing, kayaking, and stand-up paddleboarding), and involves many inherent risks which may result in physical or emotional injury, paralysis, death, or damage to myself, to my property, or to third parties. 

ACKNOWLEDGMENT OF RISKS & HAZARDS: I acknowledge that watersports offered by Berkshire Rafting, LLC doing business as Berkshire Whitewater, and Zoar Outdoor Adventure Resort, LLC, specifically including rafting, canoeing, kayaking, stand-up paddleboarding, 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 the conditions in the water, variations in terrain, equipment, or weather conditions.  Water is unpredictable and ever changing. Swift moving, uncontrollable 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 swept into the water and away from the boat. 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, kayaking and other paddle sports not specifically listed herein. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Furthermore, guides, instructors, and facilitators have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather, the elements, or whitewater rapids. They may give inadequate warnings or instructions, and the equipment being used might malfunction. I acknowledge I am voluntarily undertaking these activities and recognize these risks and have executed this release and discharge after due consideration of such known and unknown risks. 

RELEASE OF LIABILITY: In consideration of the services and equipment provided, I FOREVER RELEASE AND FULLY DISCHARGE, BERKSHIRE RAFTING, LLC, a Massachusetts limited liability company and ZOAR OUTDOOR ADVENTURE 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 “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 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 the services and equipment provided, 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 the recreational activities offered by the RELEASED PARTIES. This release and covenant not to sue shall be read as broadly as allowed at law.

INDEMNITY AND HOLD HARMLESS: I also agree, that if anyone makes any claims against the RELEASED PARTIES or any of its affiliates, officers; directors, shareholders, agents, and/or employees, as a result of the participant's activities on their premises or the use of their facilities, that I will indemnify and hold harmless the 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 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.

RELEASE OF EMPLOYEES: The guides, instructors, operators, and staff employed by the RELEASED PARTIES have difficult jobs to perform and are not infallible. They must make quick decisions in high stress and complex situations. The judgment of guides, instructors, operators, staff, guests, the public, or myself may be impaired by the nature of the situations encountered. I understand that guides or instructors may misjudge a participant’s fitness, weather, water levels, the terrain and/or other unknown items. I again acknowledge I am voluntarily embarking upon this experience, recognize these risks, and release and discharge the RELEASED PARTIES as well as the guides and other employees of the RELEASED PARTIES for any negligence and, specifically the acts and omissions of their guides and other guests and claims that guides and staff were not adequately trained or possessed sufficient experience and/or skill.

MEDICAL DISCLOSURE AND CONSENT TO NECESSARY MEDICAL TREATMENT: I certify I am (or that my child is) physically fit and has no medical conditions that affect the ability to participate in the applicable activities. I understand that participants may not use or be under the influence of alcohol or drugs while engaged in recreational activities. I understand and agree that the RELEASED PARTIES do not have medical personnel or treatment available. I hereby authorize and grant full permission to the RELEASED PARTIES secure emergency medical treatment for me or my child, if necessary, and further that such action shall be subject to the terms of this Agreement. I understand and agree that the RELEASED PARTIES make no warranty and assume no responsibility for any injury or damage that might arise out of or in connection with such authorized emergency medical treatment.

AUTHORIZATION FOR USE OF IMAGE & COMMENT: Furthermore, I do hereby release, the RELEASED PARTIES, from all claims relating to images and videos of my person, family, and dependents and agree to grant reproduction and/or publication rights without compensation for any and all purposes for the use of said images and videos. These rights shall include all uses in traditional print media, electronic rights for existing media and any future forms of electronic media. These rights shall be granted in perpetuity and without restrictions.

INSURANCE: 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 (or my child has no such conditions) which could interfere with my and others’ safety in this activity.

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. I understand and agree that the RELEASED PARTIES are not responsible for supervision of minors. At all times, supervision of minors is the responsibility of the group leaders, parents, or guardians.

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 AND ATTORNEY’S FEES: I agree that any claim that I may bring against the RELEASED PARTIES shall be brought in the Superior Court, 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 RELEASED PARTIES for all awards, legal expenses and settlements arising out of this Agreement.   If the RELEASED PARTIES 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 also understand that if any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect.

OTHER TERMS: This is a legally binding contract that supersedes all other agreements or representations by Zoar Outdoor Adventure Resort, LLC and Berkshire Rafting, LLC doing business as Berkshire Whitewater, 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 RELEASED PARTIES’ 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. 

FOOD ALLERGIES?

The following statement is required by state law:

"Before placing your order, please inform your server if a person in your party has a food allergy." If you have food allergies or other special dietary needs, we strongly suggest you bring your own bag lunch in non-glass containers, and we will pack it with the other lunches on your trip. Please inform our staff if you intend to do this.

AGREEMENT TO FOLLOW ALL WARNINGS

Participant agrees that their use of the facility, grounds, and participation in activities on or offsite is contingent upon reading all signs and following all verbal and written instructions.

Today's Date: July 21, 2024



First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Medical Information

DO YOU HAVE ANY PRE-EXISTING MEDICAL CONDITIONS?

(Such as allergies, recent surgery, conditions that require medication, circulatory or respiratory conditions, and any other conditions that you may have.)

If yes, please let us know upon your arrival at the activity check-in.

DUE TO HEALTH RISKS, PREGNANT WOMEN WILL BE PROHIBITED AND OTHERS WITH PRE-EXISTING MEDICAL CONDITIONS MAY BE PROHIBITED FROM PARTICIPATING IN WATER SPORTS ACTIVITIES. 



Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
In consideration of (“Minor”) being permitted by Berkshire East Ski Resort, LLC to participate in its activities to use its equipment and facilities. I further agree to indemnify and hold harmless Berkshire East Ski Resort, LLC from any and all claims which are brought by or on behalf of Minor and which are in any way connected with such use of participation by minor.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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