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BLUE MOUNTAIN - MOUNTAIN BIKING AGREEMENT ACKNOWLEDGMENT OF RISKS AND AGREEMENT NOT TO SUE

THIS IS A CONTRACT – READ IT

AGREEMENT NOT TO SUE

IN CONSIDERATION OF BEING ALLOWED TO PARTICIPATE IN MOUNTAIN BIKING AT BLUE MOUNTAIN RESORT I AGREE THAT I WILL NOT SUE BLUE MOUNTAIN RESORT, ITS OWNERS, OPERATORS AND LESSORS: BMR OPERATIONS, 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 (HEREAFTER “BLUE MOUNTAIN”) AND WILL RELEASE BLUE MOUNTAIN FROM ANY AND ALL LIABILITY IF I OR ANY MEMBER OF MY FAMILY IS INJURED WHILE MOUNTAIN BIKING, USING ANY OF THE BLUE MOUNTAIN FACILITIES OR WHILE BEING PRESENT AT BLUE MOUNTAIN, 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 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, Pennsylvania 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

I understand and acknowledge that mountain biking, including the use of lifts, is a dangerous, high-risk sport and that there are inherent and other risks associated with the sport and that all these risks can cause serious and even fatal injuries. I am fully aware of the possible risks and dangers inherent in participating in the sport of mountain biking, including, but not limited to: use of chairlifts and conveyor lifts; changing weather conditions; mechanical failure of equipment; falls; loss of balance; high speed descents; difficulty or inability to control one’s speed and direction; rapid or uncontrolled acceleration on hills and inclines; extreme variation in cycling terrain including steep or slippery sections, trees, roots, tree stumps, logs, cliffs, rocks, rock drops, loose gravel, holes, depressions, ruts, streams, ponds, creeks, constructed features such as bridges, ramps, ladders, bumps, berms, jumps, and drops; collisions with natural and constructed objects, other mountain bikers, vehicles, pedestrians, spectators and officials; encounters with domestic and wild animals including, but not limited to, dogs, bears, and snakes; negligence of other riders or users of the premises/facilities; and NEGLIGENCE, OR ANY OTHER IMPROPER CONDUCT FOR WHICH A RELEASE IS NOT CONTRARY TO PUBLIC POLICY, ON THE PART OF BLUE MOUNTAIN, INCLUDING THE FAILURE ON THE PART OF BLUE MOUNTAIN TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF MOUNTAIN BIKING, including, but not limited to, those risks identified herein. Accordingly, I understand that I must always control my speed, anticipate the unexpected and I am solely responsible for my own safety. I also understand that the trails can be rugged and steep and are subject to changing conditions without notice. In addition to having the normal hazards of unmarked variations in terrain, I also understand the trails contain hazards including, without limitation, lift terminals, cables, utility lines, snow guns, hoses, hydrants or other snowmaking equipment and component parts, and other man-made obstacles on or off designated trails. I agree that mountain biking is to be done on existing and marked mountain bike trails. No mountain biking is to be done off-trail, in closed areas, or on non-Blue Mountain property. I further acknowledge and understand that NO WARRANTIES are being extended to me with respect to any aspect of the mountain bike facility. I agree and understand that mountain biking is a purely voluntary recreation activity and that if I am not willing to acknowledge the risks and agree not to sue, I should not go mountain biking.

SAFETY

I have been advised to wear an approved helmet and other protective equipment such as elbow/forearm and knee/shin armor when free riding or downhill riding. Use of a helmet is mandatory in mountain biking areas. Please refer to the Mountain Bikers Responsibility Code for further safety information.

COMPETITIONS AND EVENTS

I acknowledge that the risks, dangers, and hazards of mountain biking are increased during races, competitions and contests, due to the competitive nature of the activity and the fact that there will be other participants on the course. I freely accept and assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting there from.

I have read and understood the foregoing AGREEMENT NOT TO SUE, ACKNOWLEDGMENT OF RISKS, SAFETY, and COMPETITIONS AND EVENTS Sections of this Contract 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 also 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. 

This signed agreement will remain in effect for the entire 2025 bike park season at Blue Mountain Resort.

Today's date: July 31, 2025

First Participant's Name
First Name*
Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
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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.



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*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
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 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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