I ___________________________________ (“Participant”) understand and accept that participation in skiing, ski racing, race training, dryland training, snowboarding, and/or snowboarding and such other recreational activities, including the use of lifts (“Activities”) are hazardous and inherently dangerous activities that involve numerous known and unknown risks which can result in serious personal injury, permanent disability, death and/or property damage. I FREELY ACCEPT AND VOLUNTARILY ASSUME ALL RISKS INVOLVED IN ACTIVITIES. I understand that injuries of all types are a common and ordinary occurrence of the Activities. It is further understood that training for competition, and/or competing are more HAZARDOUS than recreational activities of this same nature. I also know that personal training, coaching, instruction, supervision and enforcement of rules by Bear Den Operations Company, LLC, d/b/a Burke Mountain Resort, and/or Burke Mountain Academy, their subsidiaries, affiliates, officers, directors, volunteers, employees, coaches, contractors and representatives, competition organizers, officials, volunteers and sponsors (“Burke Mountain”) do not and cannot guarantee my safety. I further understand that I must keep deliberate and conscious control of my physical body, both on the ground and in the air, while properly maintaining and using my equipment in variable weather, snow, visibility, and terrain conditions. I represent that I am physically fit, in good health, and have no physical or mental problems that might prevent me from safely participating in the Activities, and I am sufficiently trained and experienced enough to understand the risks involved in the Activities. I accept and assume full responsibility for all risks associated with the Activities, from any cause including, without limitation, challenging the limits of my skills, negligence, defective and/or poorly maintained equipment, unknown obstacles, equipment malfunction, inadequate training, failure to supervise and failure to warn of potential risks. INHERENT RISKS DEFINED I agree that the phrase “inherent risks” means those risks, which are listed in this Agreement as well as those that can be reasonably inferred therefrom. I also agree that these risks are both obvious and necessary to the Activities. I agree that these inherent risks include but are not limited to falling or loss of balance including falls resulting in long slides; injuries resulting from loading, unloading, and falling from lifts, icy, slick or uneven surfaces; avalanches, cornices and crevasses; downed timber and other forest growth; marked or unmarked obstacles and/or trail obstructions; becoming lost or separated; lack of shelter; limited access to and/or delay of medical attention; inadequate medical attention; physical exertion, exhaustion, dehydration, hypothermia, sickness, frostbite, and/or mental distress from exposure to any of the above;encounters/collisions with other participants, changing weather conditions, surface and/or sub-surface conditions as they may from time to time exist and may change or be affected by weather, grooming, snowmaking, and/or participant usage, and which may or may not be visible; whether such conditions consist of ice, hard pack, powder, packed powder, wind pack, corn, crust, slush, cut up snow, standing/flowing water, waterbars, machine made or machine enhanced snow, rocks, bare ground or earth; other conditions including bare spots, rocks, forest growth and debris, stumps and trees, stream beds, and other natural objects and/or collisions with such objects; collisions with lift towers, signs, posts, fences, or other enclosures, water and/or air pipes or other man-made buildings and/or structures, and/or their components such as hydrants and moveable equipment used in snowmaking or for any other purposes, whether or not any of these objects are padded; collisions with snowmobiles, snow grooming, and/or other on-property vehicles and/or equipment; variations in steepness of terrain including but not limited to roads, terrain modifications and/or variations in terrain which may occur naturally or as the result of slope design or participant usage, freestyle terrain parks and freestyle terrain features, weather changes, snowmaking and/or snow grooming operations. I further agree that upon visiting Burke Mountain Resort I may be exposed to snowy, icy, and slippery walking surfaces including in parking lots, walkways, and paths. Additional inherent risks that may be involved in training and/or competitions also include but are not be limited to collisions with race course equipment, deteriorating course conditions, course conditions that exceed my skills, falls and slides into and/or through fencing, collisions with course workers, timing equipment, video equipment, tools and/or spectators, temperature exposures, challenging rescue conditions and/or delayed rescue. With full knowledge and understanding of the RISK OF SEVERE INJURY AND DEATH involved in participating in the Activities, I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I MAY SUFFER TEMPORARY, PERMANENT OR EVEN FATAL INJURIES while participating in the Activities. In consideration of Burke Mountain permitting me to participate in the Activities, and in spite of the risk of severe or permanent injury, or even death, I agree to comply with and be bound by my Agreement as noted herein and the following terms at all times: I agree that I am responsible for: (a) my safety while on Burke Mountain’s premises or when otherwise engaging in the Activities or while going to or from Burke Mountain; and (b) selecting, utilizing and maintaining the equipment necessary for my participation. I hereby RELEASE and HOLD HARMLESS the owners and operators of Burke Mountain and its agents, representatives, officers, directors and employees, promoters, sponsors, volunteers, organizers or clubs (collectively, “Released Parties”), to the fullest extent allowed by law, from any and all liability, claims or damages (including attorneys’ fees and costs incurred to defend or respond to any claim or to enforce this obligation to indemnify), whether foreseeable or unforeseeable, resulting from my participation in the Activities, including but not limited to claims based on negligence, breach of contract, or any other legal theory. I further agree to forever HOLD HARMLESS, DEFEND, and INDEMNIFY the Released Parties, generally and specifically, from any and all liability, claims, demands, causes of action, or damages of any kind (including attorney fees and costs) arising out of or resulting in any way from the Activities and any aforementioned inherent or additional assumed risks. I agree to at all times maintain my behavior in accordance with Your Responsibility Code and all applicable terms of my enrollment in any Sanctioning Body, Club or Academic Institution in which I am enrolled, as well as laws and generally accepted social practices. I will accept and abide by the rules and regulations of Burke Mountain as well as all posted signs and warnings, including any contained in any seasonal trail maps/brochures, and those posted at the Resort and/or set forth on the Burke Mountain website. I agree that this document shall cover each and every time I participate in the Activities at Burke Mountain during the 2025/2026 season. I agree that Burke Mountain has the right, in its sole discretion, to at any time disqualify, remove me from or restrict my use of the Burke Mountain premises, my participation in the Activities and may decline to award me any prize or other benefit: (i) if my behavior is at any point disruptive, may or does cause damage to person, property or the reputation of Burke Mountain, or violates this Agreement, any applicable rules, laws, or policies; (ii) if based on my past behavior, Burke Mountain determines that I may be disruptive or cause damage to person, property or the reputation of Burke Mountain; or (iii) for any lawful reason. I authorize each of the Released Parties to call for medical care for me or to transport me to a medical facility at my expense if medical attention is needed. I also authorize any physician or other medical provider or facility to provide any emergency medical/surgical care. I acknowledge and agree that none of the Released Parties are under any legal obligation to render assistance to me. I grant Burke Mountain permission to use my and my ward’s/child’s image, voice, or likeness in promotional or advertising materials without further compensation. I also acknowledge Burke Mountain’s right to collect and store personal data for purposes including safety, operations, and marketing, subject to applicable law. This contract may also be plead as an affirmative defense to and be used as evidence for any claim that I may make as a result of any damage, injury, and/or death which I, and/or anyone for whom I execute this document, may sustain as a result of participation in the Activities and caused in whole or in part by one or more inherent risks. I further agree that this contract is binding on myself, my heirs and assigns. To the extent that I am signing this document on behalf of any ward/minor, I represent and guarantee that I have full authority to do so realizing the full binding effect of this contract on them as well as on myself, and I further agree to indemnify and hold harmless the Released Parties for any claims brought on behalf of the ward/minor relating to any damages, injuries, and/or death sustained by the ward/minor as well as any claims brought against the Released Parties as a result of the actions of said ward/minor. I agree that should any provision of this agreement be deemed invalid or unenforceable, the balance of this agreement shall remain in full force and effect and if any provision shall be deemed inapplicable to any person or circumstances, it shall nevertheless be construed to apply to all other persons and circumstances. FORUM SELECTION AGREEMENT I further agree that any dispute arising from any use by me or the ward/minor for whom I execute this agreement, of any of the premises/ facilities and/or equipment at Burke Mountain shall be litigated exclusively in the Superior Court of Vermont Caledonia County, or the U.S. District Court for the District of Vermont and that this Agreement shall be governed by and construed under the laws of the State of Vermont. I agree that this Agreement is intended to be as broad and as inclusive as permitted under Vermont law and that if any part of it is held invalid, the remainder shall remain fully enforceable. I hereby acknowledge that I have read, agree with, and understand the terms of this “Competitor Express Assumption of Risk, Release, Indemnity, and Forum Selection Agreement,” and that I am signing it freely and of my own will. Signature: Date: Printed Name: PARENT/GUARDIAN: By signing this “Competitor Express Assumption of Risk, Release, Indemnity, and Forum Selection Agreement” as Parent/Guardian, I authorize and consent to my ward or child’s participation in the Activities as described above and acknowledge that I understand that the risks, whether known or unknown, are expressly assumed, and all claims whether known or unknown are expressly RELEASED to the fullest extent allowed by law and pursuant to the terms of this Agreement including claims arising after my ward or child reaches the age of majority. I hereby certify that I have reviewed this Agreement and the dangers and risks presented by participation in the Activities described above with the ward and/or minor on whose behalf I am signing, and I further agree that I have full authority to enter into this Agreement on their behalf. I agree to indemnify all persons and entities identified above, including medical and other costs incurred by me, generally and specifically, from any and all liability for death, personal injury or property damage, resulting in any way from my child or ward’s participation in the Activities herein identified. Date: Signature of Parent/Guardian if participant is under 18 years old Name of Minor:
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