here. - Appalachian Ski Mtn.
Transcription
here. - Appalachian Ski Mtn.
APP TERRAIN PARK PASS APPALACHIAN SKI MTN. RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the “Release Agreement”) BY SIGNING AND INITIALING THESE DOCUMENTS YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY! I have been given a copy of this Release Agreement and I have been advised to read it carefully. Initial Standard ASM Rental equipment is not allowed on ANY Terrain Park feature. For a small upgrade, Park Performance Ski or Snowboard rentals are available, Initial and are the only ASM rental equipment allowed on Terrain Park Features. UPPER LEVEL TERRAIN PARK Welcome to ATP’s Upper Level terrain park, Appal Jam. This park contains more difficult, most difficult, and expert snow features, jump on rails with gaps and narrow rail surfaces. Unlike the AppalTop progression park and the Appaljack Terrain Park, access to Appal Jam is controlled and restricted to skiers and riders who have received a park pass from the main office in the lower level of the lodge. Helmets are strongly recommended by Appalachian Ski Mtn. ASSUMPTION OF RISKS I accept and understand that skiing and other forms of winter mountain sports are hazardous with many inherent risks including possible resulting injuries or death. By my purchase and/or use of this ticket, I freely and willingly accept and voluntarily assume all risk of property damage, personal injury or death which occurs at Appalachian Ski Mtn. which results from my participation in winter sports activities and the inherent risks of such activities as they are defined herein. I agree that the phrase “inherent risks” includes, but is not limited to, changing weather conditions; surface and/or subsurface snow conditions as they may exist or be affected by weather, skier, or other participant usage, and which may consist of ice, hardpack, powder, packed powder, windpack, corn, crust, slush, cut up snow, machine made or groomed snow, bare spots, forest growth and debris, stumps and trees, streambeds and other natural objects, and/or collisions with such objects; collisions with lift towers, signs, posts, fences, pipes, or other manmade structures, and/or their components such as hydrants used in snowmaking or for other necessary purposes; collisions with well marked or plainly visible snowmobiles, snow grooming, and/or other over snow vehicles or equipment; variations in steepness of terrain including, but not limited to, roads and/or other terrain modifications or changes. As the purchaser and/or user of this ticket, I further agree that any dispute arising out of this contract and/or from any use by me, my child or any other person, of any of the premises or facilities at Appalachian Ski Mtn. shall be litigated exclusively in the state courts of Watauga County, North Carolina. I agree to ski under control and observe the safety of others at all times. I also agree to abide by the terms of any posted rules of conduct for sports participants or contained on seasonal trail maps or brochures. WARNING Rails and jibs are a non-snow surface, therefore ski / board damage can occur. Appalachian Ski Mtn. IS NOT responsible for any equipment damage and recommends inspecting rails and Jibs before use. Initial Liability Release Form Please Read Carefully This RELEASE OF LIABILITY, VOLUNTARY ASSUMPTION OF THE RISK AND WAIVER OF CLAIM AGREEMENT (“Agreement”) between the participant and Appalachian Ski Mtn, Inc and any other participating sponsors. As used in this Agreement, the term participant shall include the parent or legal guardian where the Participant is under the age of (18). Participant knows the Smart Style code and understands they are responsible for adhering to the code: Stay in control, people ahead of you have the right of way, stop in a safe place for you and others, whenever starting downhill or merging look uphill and yield, use devices to prevent runaway equipment, observe signs and warnings, stay off closed trails, and know how to use the lift safely. Participant recognizing that participation in the activity is a HAZARDOUS ACTIVITY which is inherently dangerous, has voluntarily entered the activity despite all known and unknown risk of serious personal injury and/or death presented by practicing for and/or actual participation in the activity; understands that summersaults/inverts are not permitted and Participant knows his/her own capabilities and limitations regarding participation in the event entered; NOW, THERFORE, in consideration of being permitted to participate in the activity, Participant expressly and freely agrees as follow: 1. To ASSUME ALL RISK of serious personal injury and/or death arising from practicing and/or participating in the activity. 2. To WAIVE any and all claims that participant may in the future have against Appalachian Ski Mtn, Inc and any other participating sponsors, their officers, employees, directors, affiliated entities, subsidiaries, all insurers, and all sponsors for any and all loss, damage, injury or express that Participant may suffer, or that Participants next of kin may suffer, as a result of Participant’s practicing for and/or participation in the activity, due to any cause whatsoever, including but not limited to NEGLIGENCE on the part of Appalachian Ski Mtn, Inc and any other participating sponsors, their officers, agents, employees, directors, shareholders, affiliated entitles, subsidiaries, all insurers, any entity or person hired to perform any function. 3. To RELEASE FROM LIABILITY, INDEMNIFY AND HOLD HARMLESS Appalachian Ski Mtn. Inc and any other participating sponsors, their officers, agents, employees, directors, affiliated entities, subsidiaries, all insurers, and all sponsors for any and all loss, damage, personal injury, death or expense that Participant may suffer, or that participants next of kin may suffer, as a result of Participant’s practicing for and/or participation in the activity, due to any cause whatsoever, including but not limited to negligence on the part of Appalachian Ski Mtn, Inc and any other participating sponsors, their officers, agents, employees, directors, affiliated entities, subsidiaries, all insurers, any entity or person hired to perform any function. 4. I opt in to receive E-mail communications from Appalachian Ski Mtn. This agreement is governed by the applicable laws of North Carolina. If any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect. Participant agrees any claim brought against Appalachian Ski Mtn, Inc for injury and/or death arising from my participation in the activity shall be governed by North Carolina law and that the EXCLUSIVE JURISDICTION of any claim shall be the Superior Court of Watauga County, North Carolina. I, the under signed Participant having read and understood the terms of this Agreement, sign this Agreement freely and of my own accord, realizing that it is binding upon me, my heirs, assigns, and next of kin. _________________________ Name ___________________________ Parent/Guardian Signature _________________________ Signature ___________ Date _________ DOB ___________ Date ___________________________ Emergency Contact #’s