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EQUIPMENT RENTAL CONTRACT, ACKNOWLEDGMENT OF RISKS, RELEASE AND AGREEMENT NOT TO SUE - THIS IS A CONTRACT – READ IT!
I have accurately represented the information listed on the front of this form and it is true and correct. I realize the importance of instructions. Neither I nor the user identified on this form will use any of the equipment to be provided until I or the user has received instruction on its use and fully understand its use and function.
ACKNOWLEDGEMENT OF RISKS:I and/or the user agree and understand skiing, snowboarding, ski boarding and other sports (collectively “RECREATIONAL SNOW SPORTS”), including the use of lifts, are dangerous sports with inherent and other risks. These risks include, but are not limited to rocks, trees and other forms of forest growth or debris (above or below the surface), bare spots, lift towers, utility lines, poles and guy wires, snowmaking equipment and component parts, trail fences and control nets and the absence of such fences and nets, and other forms of natural or man-made obstacles on and/or off designated trails, as well as collisions with equipment, vehicles, including snowmobiles, obstacles or other participants, and constantly changing trail conditions due to changing weather conditions and skier use. These are some of the risks of recreational snow sports. All of the inherent and other risks of recreational snow sports present the risk of serious and/or fatal injury. Always stay in control.
I understand that a helmet designed for recreational snow sports use will help reduce the risk of some types 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.
RELEASE AND AGREEMENT NOT TO SUE: IN CONSIDERATION OF BEING ALLOWED TO USE SHAWNEE MOUNTAIN SKI AREA’S FACILITIES, I AGREE THAT I WILL NOT SUE SKI SHAWNEE, INC., d/b/a SHAWNEE MOUNTIN SKI AREA AND/OR ITS OWNERS, OFFICERS, DIRECTORS, AGENTS AND/OR EMPLOYEES (HEREINAFTER REFERRED TO COLLECTIVELY AS “SHAWNEE MOUNTAIN”) AND WILL RELEASE SHAWNEE MOUNTAIN FROM ANY AND ALL LIABILITY IF I OR ANY MEMBER OF MY FAMILY IS INJURED WHILE USING ANY OF THE SHAWNEE MOUNTAIN FACILITIES OR WHILE BEING PRESENT AT THE SHAWNEE MOUNTAIN FACILITIES, EVEN IF I CONTEND THAT SUCH INJURIES ARE THE RESULT OF NEGLIGENCE OR ANY OTHER IMPROPER CONDUCT FOR WHICH A RELEASE IS NOT CONTRARY TO PUBLIC POLICY ON THE PART OF SHAWNEE MOUNTAIN.
INDEMNIFICATION AND HOLD HARMLESS: I FURTHER AGREE THAT I WILL INDEMNIFY AND HOLD HARMLESS THE EQUIPMENT PROVIDERS FROM ANY LOSS, LIABILITY, DAMAGE OR COST OF ANY KIND THAT MAY OCCUR AS THE RESULT OF ANY INJURY TO MYSELF, TO ANY MEMBER OF MY FAMILY OR TO ANY PERSON FOR WHOM I AM SIGNING THIS AGREEMENT, EVEN IF IT IS CONTENDED THAT SUCH INJURIES ARE THE RESULT OF NEGLIGENCE OR ANY OTHER IMPROPER CONDUCT FOR WHICH A RELEASE IS NOT CONTRARY TO PUBLIC POLICY ON THE PART OF THE EQUIPMENT PROVIDERS.
This agreement is governed by the applicable laws of Pennsylvania. If any provision of this agreement is determined to be unenforceable, all other provisions shall be given full force and effect. I further agree that all disputes arising under this contract and/or my use of the facilities at Shawnee Mountain Ski Area shall be litigated in the Court of Common Pleas of Monroe County or the United States District Court for the Middle District of Pennsylvania. The purchaser or user of this ticket voluntarily assumes the risk of injury while participating in any Recreational Snow Sport.
I, THE UNDERSIGNED, HAVE READ THE RENTAL EQUIPMENT CONTRACT, THE ACKNOWLEDGEMENT OF RISKS, THE RELEASE AND AGREEMENT NOT TO SUE, THE RELEASE AGREEMENT FOR SKI AND SNOWBOARD EQUIPMENT RENTERS AND THE INDEMNIFICATION AND HOLD HARMLESS provisions set forth above, and am voluntarily signing below intending to be legally bound thereby. If I am signing on behalf of a minor child, I represent and warrant that I am doing so with consent and approval of my spouse (if any) and that I may be giving up the rights of my child and spouse to sue as well as giving up my own right to sue.
“All Transactions are Non-Refundable and Non-Transferable”