IMPORTANT: PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
Parent or Guardian signature is required for all athletes under 18 years old. The undersigned skier/program participant being at least 18 years of age,
OR
The undersigned represents that they are the parent or legal of guardian of the skier/program participant. “THE UNDERSIGNED” means only the PARTICIPANT when the PARTICIPANT is age 18 or older OR it means both the PARTICIPANT and the PARTICIPANT’s parent or legal guardian when the PARTICIPANT is under the age of 18. I the Undersigned (hereinafter “Participant”) understand that Alpine Skiing and racing in its various forms, as well as preparation for and participation in, classes, lessons, clinics, camps, events, races, competitions, instructing, coaching, volunteering, and any related activities (hereinafter collectively referred to as “Activities”), involve many RISKS, DANGERS and HAZARDS. These risks, dangers and hazards include, but are not limited to: boarding, riding and disembarking ski lifts, changing weather and snow conditions, variations in steepness or terrain, natural and man-made objects and structures, equipment failure, performance of or absence of safety equipment (fencing, netting, Willi bags, etc.), collisions with objects, structures, or other skiers/riders, instructor’s choices of terrain and drills, and exceeding one’s own abilities. I am also aware that the RISKS, DANGERS and HAZARDS referred to above exist throughout the ski area and that many risks, dangers and hazards are unmarked. I agree to conduct a thorough inspection of the course and the adjacent area before using the course for any training, practice, lesson or competition. Fencing, equipment covers, signs, rope lines and other devices may be in place and mark some, but not all of the potential obstacles or hazards. These markers will not prevent injury. I understand that INJURIES OF ALL TYPES ARE A COMMON AND ORDINARY OCCURRENCE OF THE ACTIVITIES. I know and accept that the risk of SEVERE INJURY and even DEATH exists in all Activities. I also know and accept that training, coaching, instruction, and supervision by Rodney Calafati (d/b/a Don't Just Ski. RACE.), their coaches, assistants, volunteers, and all other persons or entities acting in any capacity on their behalf (hereinafter referred to as the "RELEASED ENTITIES” shall be used to refer to all such persons and entities collectively and individually) does not and cannot guarantee my safety. I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I MAY SUFFER TEMPORARY, PERMANENT OR EVEN FATAL INJURIES, even if I follow the instructions or advice of the “RELEASED ENTITIES” while participating in the Activities. Nevertheless, I, agree to comply with and be bound by the following terms at all times while attending or participating in any “RELEASED ENTITIES” lesson, event or program. In consideration of the services of the "RELEASED ENTITIES”, I hereby agree to release, indemnify, and discharge the RELEASED ENTITIES, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: - Participant hereby unconditionally forever WAIVES AND RELEASES ANY AND ALL CLAIMS OF LEGAL LIABILITY AGAINST THE “RELEASED ENTITIES”, AND AGREES TO DEFEND, INDEMNIFY AND HOLD THE “RELEASED ENTITIES” HARMLESS FROM ANY AND ALL CLAIMS, present or future, brought by Participant or Participant’s heirs, executors, administrators or assigns, FOR ANY LOSS, DAMAGE, EXPENSE, ATTORNEYS FEES, OR ANY INJURY INCLUDING DEATH, suffered by Participant during or related to any Activities in which the “RELEASED ENTITIES” is involved in any way, due to any cause whatsoever, INCLUDING ALL CLAIMS OF NEGLIGENCE, premises liability, and/or breach of express or implied warranty by the “RELEASED ENTITIES”.
- Participant authorizes the “RELEASED ENTITIES” to obtain medical care for or to transport Participant to a medical facility or hospital if, in the opinion of the “RELEASED ENTITIES”, medical attention is required and Participant is unable to make such decisions for himself/herself. Participant agrees to pay all costs associated with such medical care and related transportation and shall defend, indemnify and hold the “RELEASED ENTITIES” harmless from the consequences of such decision and from any such costs incurred relating to the provision of medical care. Participant also authorizes disclosure of protected medical information necessary to provide, coordinate or manage Participant’s healthcare.
- This Agreement shall be construed in accordance with, and governed by the substantive laws of the State of New Jersey, without reference to principles governing choice or conflicts of laws. In addition, the Participant agrees that all lawsuits for personal injury, death or property damage against the “RELEASED ENTITIES” must be brought in the state or federal courts of New Jersey.
- In the event any part of this agreement is found to be unenforceable, the remaining terms shall be given full force and effect to the greatest extent allowed by law.
Further, the undersigned warrants and represents that the PARTICIPANT is in good health and that there are no physical or other problems associated with the PARTICIPANT and the undersigned has left no instructions regarding the PARTICIPANT that have not been listed on the registration form. I consent to and authorize the taking of photographs and/or videos during the PARTICIPANT's visit to Big Snow American Dream. I grant permission to the RELEASED ENTITIES to use said photographs and/or videos in advertising, displays, websites, brochures, other forms of electronic and social media, illustrations, or publications without notifying me. I hereby waive any and all rights to privacy in the photographs/videos and to compensation related to the use of the photographs and/or videos. I am signing the Agreement electronically. I agree that my electronic signature is the equivalent of my manual signature on the Agreement and verifies that I have read and understood the above terms as the parent or guardian of the named PARTICIPANT. I understand that this is a legal document and contains a waiver of certain legal rights. I/We have carefully read and understand the terms of this release agreement. I/We are signing this agreement freely and realize that it is binding upon me and my heirs and assigns, and in the event that I am signing it on behalf of any minors, that I have the full authority to do so, realizing its binding effect on such minors as well as on myself. I HAVE CAREFULLY READ THE FOREGOING AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY CHILD OTHERWISE MAY HAVE. |