OTIS RIDGE EVENTS WAIVER AND RELEASE OF LIABILITY
Name of Event: CARDBOARD BOX RACE 2024
Otis Ridge Events Waiver and Release of Liability
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Otis Ridge Ski Area LLC, Otis Ridge Properties LLC, as well as its officers, officials, directors, shareholders, affiliates, agents, representatives, affiliated companies, and employees (hereinafter, Otis Ridge)
PLEASE READ CAREFULLY BEFORE SIGNING.
I acknowledge that engaging in Event at Otis Ridge to include traveling to and from the Event area, crossing snow surfaces, riding the chair lift, sliding on rails and other Snowsports activities (hereinafter collectively “Event”), like many other sports, is hazardous. The Event contains inherent risks including, but not limited to, the risks of personal injury, death, damages and property damage which may be caused by loading, riding, falling from, and unloading from lifts, variations in terrain, the Event park design, weather conditions, surface or sub-surface snow, ice, bare spots or areas of thin cover, moguls, jumps, ruts, bumps, roads, catwalks, other persons using the facilities, rocks, forest growth, debris, branches, trees, roots, stumps or other natural objects or man-made objects such as snowmobiles, snow machines, snow grooming equipment, signs, fence posts and on and off trail snowmaking equipment as well as many other hazards, that are incidental to the provision and/or maintenance of Otis Ridge. I acknowledge these risks and that falls, injuries and collisions with other Event Participants/Registrants may occur in the Event.
In consideration of being able to utilize Otis Ridge facilities and as a condition of using the Event facilities at Otis Ridge, on behalf of myself, the Registrant, and our heirs, assigns, personal representatives and next of kin, (1) I acknowledge that participation in The Event carries inherent risks including, but not limited to, those set forth herein and I voluntarily assume those risks, and (2) I FOREVER RELEASE, DISCHARGE, AND HOLD HARMLESS OTIS RIDGE AS WELL AS ITS OFFICERS, OFFICIALS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, AFFILIATED COMPANIES, AND EMPLOYEES from ALL CLAIMS, liability, loss, damage, costs, and/or causes of action, including all claims of negligence. This release further applies to all claims arising prior to execution of this release, including, but not limited to, injury, disability, death, or loss or damage to person or property related in any way to the use of Otis Ridge by myself and the Registrant, whether arising from the negligence of Otis Ridge or conditions on or about the premises and facilities, or the operations of the ski area, including, but not limited to, participation in the Event, grooming, snowmaking, equipment setting, lift operations and maintenance.
I accept and assume full responsibility for any and all such damage or injury of any kind which may result from my participation or that of the Registrant, in the Event. I further agree to defend and indemnify Otis Ridge for any loss or damage, including any that results from claims or lawsuits for personal injury, death and property loss and damage related in any way to the use of Otis Ridge and participation in the Event by myself and/or the Registrant.
I further agree and acknowledge that falls from lifts do occur, and such falls are an inherent risk to riding such lifts and therefore inherent to the Event.
I willingly agree to comply with the stated and customary terms and conditions for participation in the Event. I agree to read, understand, follow, or ask for explanations of all the rules, policies, and the Event responsibility codes that are posted at the Event area. I understand that I can ask for and receive instructions on the use of the Event slope, the Event lift, Event rails, Event jumps, and other associated equipment. If I observe any unusual, significant hazard I will remove myself from participation in the Event and bring such to the attention of the nearest official immediately.
I agree this waiver and release of ALL CLAIMS shall be in effect for the entirety of the 2023/2024 Event season and is effective from the date of signing until the closing of Otis Ridge for the season. This waiver and release of ALL CLAIMS shall be in full force and effect during each visit to Otis Ridge to include, but not limited to, those times that I and/or the Registrant identified herein, visits Otis Ridge during the 2023/2024 season.
The validity, effect and operation of this Release of Liability shall be determined by the laws of the Commonwealth of Massachusetts without regard to choice of law or conflict of law rules. All claims and lawsuits of every kind against Otis Ridge in connection with the use and/or operations of Otis Ridge shall be filed and resolved in the Courts of the Commonwealth of Massachusetts sitting in Berkshire County and no other Court or tribunal, and each party irrevocably consents and submits to the exclusive jurisdiction of such courts, giving up all rights to proceed or defend in any other court or forum, and waive the right to claim that such courts are in an inconvenient forum in connection with any litigation arising out of this Agreement.
No waiver of any breach of any provision of this Agreement shall constitute a waiver of any other breach of that or any other provision hereof.
If any provision of this Agreement shall be deemed invalid or unenforceable, the balance of this Agreement shall remain in effect, and if any provision shall be deemed inapplicable to any person or circumstances, it shall nevertheless be construed to apply to all other persons and circumstances.
I, being an Event Participant (“Registrant”) and/or the parent or guardian of the below-named minor(s), have read, understand, and approve this release and fully understand its terms and understand that I have given up substantial rights by signing it. Furthermore, I have signed it freely and voluntarily without any inducement, assurance, guarantee, or warranty, expressed or implied, being made to me and realize it is binding upon myself, my heirs and assigns, and in the event that I am signing it on behalf of any minors, I have full authority to do so, realizing its binding effect on them as well as myself, and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.