OTIS RIDGE SNOWSPORTS WAIVER AND RELEASE OF LIABILITY and SNOWSPORTS RESPONSIBILITY CODE
Otis Ridge Snowsports Waiver and Release of Liability
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.
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.