I, the undersigned (either on my own behalf or on behalf of my child), in consideration of my and/or my child's use and participation of/at the snow tubing facilities located at 2700 Mt. Rose Ave., York, PA 17402, known as Avalanche Xpress (the "Tubing Facility"), and any related activities, events or games taking place therein (the "Activities"), acknowledge that I am aware that my or my child's participation in the Activities may result in risks, which among other things, include but are not limited to cuts, scrapes, bruises, twisted ankles and various injuries to the body related to the participation in the Activities associated with snow tubing, including serious injury, death and body stress related issues, and I freely assume on my own and/or my child's behalf all risks incidental to such participation in the Activities. By way of example, these risks specifically include, without limitation, inherent risks in utilizing the tubing lift, falling out of the tube, traveling at various speeds (some excessive), collisions with other tubes, other participants, natural objects, equipment, or varying surface conditions as such ice, ice pieces, or wet/slushy snow. Where either I or my child is subsequently participating in other Activities at the Tubing Facility in any way, this release and waiver shall cover all such subsequent participation. For purposes of this release and waiver, "my child" shall include any child or children that I have legal custody. In consideration of my and/or my child's participation in the Activities and in my own and/or my child's behalf, and on behalf of my and/or my child's heirs, executors, administrators and next of kin, I hereby release, covenant not to sue, and forever discharge the Released Parties (as defined below) of and from all liabilities, claims, actions, damages, costs and expenses of any nature arising out of, related to, or in any way connected with my or my child's participation in the Activities and/or any such related and associated activities, and further agree to indemnify and hold each of the Released Parties harmless from and against any and all such liabilities, claims, actions, damages, costs and expenses including by way of example, but not limited to, all attorneys' fees, costs of court, and the costs and expenses of other professionals and disbursements up through and including any appeal. I, for myself and my child, understand that this Release and indemnity includes any claims based on the negligence, action or inaction of any of the Released Parties and covers bodily injury (including, without limitation, death), property damage, and loss by theft or otherwise, whether suffered by me or my child either before, during or after such participation. I declare that I and/or (if participating) my child are physically fit and have the skill level required to participate in the Activities and/or any such related and associated activities. I further authorize medical treatment for me and/or my child, at my cost, if the need arises. I further acknowledge that I have read and understand all posted/provided rules and policies related to the Tubing Facility and Activities, and agree to follow and abide by the same during my participation in the Activities. For the purposes hereof, the "Released Parties" are: Heritage Hills Associates LP, its general partner Heritage Hills Recreation LLC, managers, officers, employees, agents, partners, limited partners, together with their affiliates, subsidiaries, affiliated and related entities of each of them, and the officers, managers, members, directors, employees, agents, and volunteers of any of them. AUTHORIZATION AND RELEASE TO USE LIKENESS: I acknowledge that the Tubing Facility will be subject to constant video surveillance and recording, and expressly agree to and consent to, on my behalf and/or my child's behalf, to such video surveillance and recording. I, on behalf of myself and/or my child, grant the Released Parties the right to photograph and/or videotape me and/or my child and further to display, use and/or otherwise exploit my and/or my child's face, likeness, voice, and appearance forever and throughout the world, in all media, whether now known or hereafter devised (including, without limitation, in online web casts, television, motion pictures, films, newspapers, and magazines) and in all forms including, without limitation, digitized images, whether for advertising, publicity, or promotional purposes; including, without limitation, publication of the Tubing Facility and/or the Activities. This Waiver, Release, Promise not to Sue, Authorization and Release to Use Likeness Form shall be governed by the laws of the Commonwealth of Pennsylvania, and any legal action related to or arising out of this Form shall be commenced exclusively in the York County Court of Common Pleas of York County, Pennsylvania having subject matter jurisdiction. I certify I am eighteen (18) years of age or older and, if I am executing this Waiver and Permission Form on behalf of my child, the information set forth above pertaining to my child is true and complete. SEVERABILITY. If any provision of this Form shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Form and shall not affect the validity and enforceability of any remaining provisions. All ticket sales are final. Ticket purchase valid on specific date and time reservation within one (1) yearly season of the purchase date. All parties must complete the appropriate waiver form before any tickets are redeemed. DO NOT SIGN THIS DOCUMENT UNLESS YOU HAVE FULLY REVIEWED, ACKNOLWEDGED AND AGREED TO ALL OF THE TERMS PROVIDED ABOVE. AFTER READING THIS DOCUMENT, I ACKNOWLEDGE THAT I HAVE HAD SUFFICIENT OPPORTUNITY TO REVIEW THE PROVISIONS OF THIS DOCUMENT AND UNDERSTAND ITS PURPOSE, MEANING, AND INTENT, AND I EXPRESSLY AGREE TO THE TERMS HEREIN. Date: January 10, 2025 |
