RENTAL RELEASE OF LIABILITY
Liability Release, Acknowledgment of Personal Information & Equipment Instructions, and Equipment Rental
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) Liability Release, Waiver of Claims and Rental Agreement
Otis Ridge Ski Area
159 Monterey Road
Otis, MA 01253
I have accurately represented the above listed information and it is true and correct. I will not use any of the equipment to be provided to me during this transaction until I have received instruction on its use and I fully understand its use and function.
I agree to verify that the visual indicator settings to be recorded on this form for downhill ski equipment agree with the number appearing in the visual indicator windows of the equipment to be listed on this form.
I accept for use AS IS the equipment listed on this form and accept full financial responsibility for the care of the equipment while it is in my possession. I will be responsible for the replacement at full value of any equipment rented under this form but not returned to the Otis Ridge rental facility. I agree to return all rental equipment by the agreed date.
I understand that the binding system cannot guarantee the user’s safety. In downhill skiing, and skiboarding with ski boards equipped with release bindings, the binding system will not release at all times or under all circumstances where release may prevent injury or death, nor is it possible to predict every situation in which it will release. In snowboarding, skiboarding with skiboards, snowblading, and other sports utilizing equipment with non-release bindings, the binding system will NOT ordinarily release during use; these bindings are not designed to release as a result of forces generated during ordinary operation.
I understand that a helmet designed for recreational snow sports use will help reduce the risk of some type of injuries to the user at slower speeds. I recognize that serious injury or death can result from both low and high energy impacts, even when a helmet is worn.
I acknowledge that skiing and snowboarding and other alpine activities, 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 which may be caused by loading, riding, falling from, and unloading from ski lifts/chairlifts, variations in terrain, slope 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 that falls, injuries and collisions with other skiers/riders are a common occurrence in these activities. I AGREE TO RELEASE AND HOLD HARMLESS OTIS RIDGE, ITS EMPLOYEES, OWNERS, AFFILIATES, AGENTS, OFFICERS, DIRECTORS AND THE EQUIPMENT MANUFACTURERS AND DISTRIBUTORS OF THIS EQUIPMENT (collectively “PROVIDERS”) from all liability for injury, death, property loss and damage which results from the equipment user’s participation in the RECREATIONAL SNOW SPORTS for which the equipment is provided, or which is related in any way to the use of this equipment, including all liability which results from the NEGLIGENCE of PROVIDERS, or any other person or cause.
I further agree to defend and indemnify PROVIDERS 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 this equipment.
This agreement is governed by the applicable law of the state of Massachusetts. If any provision of this agreement is determined to be unenforceable, all other provisions shall be given full force and effect.
OTIS RIDGE SNOWSPORTS WAIVER AND RELEASE OF LIABILITY, PROGRAM GUIDELINES, REFUND & CANCELLATION POLICIES, SNOWSPORTS RESPONSIBILITY CODE
Otis Ridge Snowsports Waiver and Release of Liability
STOP
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 skiing, snowboarding, Group lessons, kids’ program, Private Lessons, Beginner Package Lessons, and all other ski and snowboard instruction at Otis Ridge (hereinafter “Snowsports”), crossing snow surfaces, riding ski lifts, and other alpine activities, like many other sports, is hazardous. These Snowsports contain 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 ski lifts/chairlifts, variations in terrain, slope 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 that falls, injuries, and collisions with other skiers/riders are a common occurrence in these Snowsports.
In consideration of being able to utilize Otis Ridge facilities and as a condition to registration for the Snowsports programs, on behalf of myself, the Registrant, and our heirs, assigns, personal representatives and next of kin, (1) I acknowledge that participation in these Snowsports 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 Snowsports, 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 in Snowsports. 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 Snowsports by myself and/or the Registrant.
I acknowledge that these Snowsports require the Registrant to be physically fit and fully capable of participating in the Snowsports and I agree that the Registrant has such physical capability. I further agree and acknowledge the Registrant will not always ride the chairlift with a member of Otis Ridge staff and may be required at times to ride the lift alone or with a Otis Ridge skiing or snowboarding guest. I further agree and acknowledge that falls from lifts, including chairlifts, do occur and such falls are an inherent risk to riding such lifts and therefore inherent to the sport of skiing/snowboarding.
I agree this waiver and release of ALL CLAIMS shall be in effect for the entirety of the 2023/2024 Ski 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 Ski 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 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 feely 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.
PROGRAM GUIDELINES
All participants in the Otis Ridge Ski Area’s programs are expected to ski courteously, safely and under control at all times. Failure to comply will result in removal from the program with no refund.
● Pillars of respect will be upheld at Otis Ridge. Failure to comply will result in removal from the program with no refund.
● All programs must be prepaid. No refunds will be issued for any reason.
● All program participants will be issued an ID/pass which is your lift ticket and must be worn each week. Lost ID cards will be replaced for a $5 fee. If you forget your ID there may be a
$2 charge for a ticket for the day.
● Parents are responsible for their children outside of lesson time.
● Equipment must be returned to the rental shop with the boots buckled.
● Program partcipants in any program are entitled to a discounted lift ticket
rates on non-program days – see your registration info for this season’s discount. You must present your program ID to receive the discount.
There is no discount on rental equipment.
REFUND POLICY
Program registrations are not transferable (unless the change is approved BEFORE the first day of the program). If for some reason you cancel your registration before the first day of the program, there will be a $25 administrative cancellation fee per transaction. After the program starts, there will be no refunds made. In the case of an injury or illness that will prevent the registrant from completing the program, a credit (not a refund) will be issued when we receive a doctor's letter stating that the registrant is unable to participate in the program..
CANCELLATION POLICY
The Ridge does not as a general rule cancel programs because of the weather – if it’s too hot, too cold, raining, snowing, etc. The program runs as long as we have appropriate terrain open that can be skied safely. In the rare event that a day has to be canceled, you will receive an email and there will be a make-up night at the end of the program. If you choose not to come because of the weather, you will not be entitled to a make-up..
SNOWSPORTS RESPONSIBILITY CODE
Skiing and snowboarding can be enjoyed in many ways. At areas, you may see people using alpine skis, snowboards, telemark skis, cross country skis, and other specialized equipment, such as that used by the disabled. Regardless of how you decide to enjoy the slopes, always show courtesy to others and be aware that there are elements of risk in skiing that common sense and personal awareness can help reduce. Observe the code listed below, and share with other skiers and riders the responsibility for a great skiing experience.
● Always stay in control, and be able to stop or avoid other people or objects.
● People ahead of you have the right of way. It is your responsibility to avoid them.
● You must not stop where you obstruct a trail, or are not visible from above.
● Whenever starting downhill or merging into a trail, look uphill and yield to others.
● Always use devices to help prevent runaway equipment.
● Observe all posted signs and warnings. Keep off closed trails and out of closed areas.
● Prior to using any lift, you must have the knowledge and ability to load, ride and unload safely.
Know the code. It's your responsibility.
Note* This is a partial list. Be safety conscious.