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Shawnee Mountain Online Store Patron Responsibility
TO CONTINUE YOU MUST READ AND AGREE TO THE FOLLOWING TERMS
PLEASE READ CAREFULLY
All Transactions are non-refundable and non-transferable
MULTI-VISIT PROGRAM REGULATIONS AND AGREEMENT NOT TO SUE
The multi-visit badge is for personal use and is only valid on your group trip dates. It is not transferable to another person. Privileges will be revoked for violations of this regulation or “YOUR RESPONSIBILITY CODE”. Multi-visit badges must be prominently displayed and presented to a lift ticket checker each time you ride the lifts. Lost or damaged multi-visit badges will be replaced at a cost of $5.00.
I have accurately represented the above listed information and it is true and correct. I realize the importance of instructions, and either I will not, or I will instruct the user identified on this form not to use any of the equipment to be provided until I or they have received instruction on its use and fully understand its use and function. I understand the equipment issued on each trip will be adjusted to the specification on this application for the entire multi-visit program that my child or I am enrolled in at Shawnee Mountain. A bar code system will be used each visit to verify the equipment rented and these settings.
The purchaser or user agrees and understands 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, 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.
IN CONSIDERATION OF USING SKI SHAWNEE, INC.’S FACILITIES, THE PURCHASER OR USER OF THIS TICKET AGREES TO ACCEPT THE RISKS OF SKIING, SNOW BOARDING AND SNOWTUBING AND AGREES NOT TO SUE SKI SHAWNEE, INC., ITS AGENTS OR ITS EMPLOYEES IF HURT WHILE PARTICIPATING IN THE ACTIVITY OR USING THE FACILITIES EVEN IF I OR THE USER CONTENDS THAT SUCH INJURIES ARE THE RESULT OF NEGLIGENCE, INCLUDING GROSS NEGLIGENCE OR ANY OTHER IMPROPER CONDUCT FOR WHICH A RELEASE IS NOT CONTRARY TO PUBLIC POLICY, ON THE PART OF SKI SHAWNEE, INC., ITS AGENTS OR EMPLOYEES.
RELEASE AGREEMENT FOR SKI OR SNOWBOARD RENTERS
I agree upon behalf of the user or as the user to accept for use AS IS all equipment to be provided for the duration of this multi-visit program and agree to accept full financial responsibility for the care of the equipment while it is in the user’s possession. I will be responsible for the replacement at full value of any equipment rented under this form, but not returned to the rental facility. I agree that all rental equipment will be returned by the agreed date.
I understand that the binding system cannot guarantee the user’s safety. In downhill skiing, 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, ski boarding 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 AGREE TO RELEASE AND HOLD HARMLESS SKI SHAWNEE INC, ITS EMPLOYEES, OWNERS, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, AND THE EQUIPMENT MANUFACTURERS AND DISTRIBUTORS AND THEIR SUCCESSORS IN INTEREST (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 EVEN IF I CONTEND THAT SUCH INJURIES ARE THE RESULT OF NEGLIGENCE, INCLUDING GROSS NEGLIGENCE, OR ANY OTHER IMPROPER CONDUCT FOR WHICH A RELEASE IN NOT CONTRARY TO PUBLIC POLICY, ON THE PART OF SKI SHAWNEE, INC.
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 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 MULTI-VISIT PROGRAM REGULATIONS, THE RELEASE AND AGREEMENT NOT TO SUE 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.