DATE: October 25, 2024 WARNING! Recreational activities offered by Zoar Outdoor Adventure Resort, LLC and Berkshire East Ski Resort, LLC (including zip line tours, aerial adventure course, mountain coaster, chairlift rides, and wind turbine tours) and involve many inherent risks which may result physical or emotional injury, paralysis, death, or damage to myself, to my property, or to third parties. ACKNOWLEDGMENT OF RISKS & HAZARDS: I acknowledge that the recreational activities offered by Zoar Outdoor Adventure Resort, LLC and Berkshire East Ski Resort, LLC, specifically zip line tours, aerial adventure course, mountain coaster, chairlift rides, and wind turbine tours, 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. Hazards may include but are not limited to the improper use or malfunction of zipline cables, support structures or platforms, ski lifts, travel vans, mountain coaster karts and other components, and related equipment used by participants. There are natural and environmental dangers including severe weather conditions, insect bites, bee stings, and encounters with poisonous plants and with area wildlife. There is hiking involved on uneven ground surfaces which contain rocks, tall and slippery grass, bumps and ruts, and steep terrain which include risks of slipping or falling. There are risks of impacting objects or being impacted by objects while participating in this activity, including the possibility of colliding with other participants. I understand the actions of me or others, including staff and participants, may cause severe or even fatal injuries to me or others. I agree to voluntarily participate in the applicable summertime activity despite the risks involved. which may be caused by the variations in terrain, slope design, or weather conditions. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Furthermore, guides, instructors, operators, 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 the terrain. 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, ZOAR OUTDOOR ADVENTURE RESORT, LLC, a Massachusetts limited liability company and BERKSHIRE EAST SKI 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 East Ski Resort, LLC, 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. This Agreement is executed under seal on the date noted below.
|
