Common use of RISK OF PHYSICAL INJURY OR DEATH Clause in Contracts

RISK OF PHYSICAL INJURY OR DEATH. I understand and agree that the use of the ski area facilities involves risks including, but not limited to, high elevation, wildlife encounters, falling trees and limbs, marked and unmarked obstacles, deep snow conditions and tree xxxxx, slick or uneven walking surfaces, surfaces covered with ice and snow, unstable ice and snow including but not limited to slides and avalanches, rugged mountainous terrain, acts of other skiers, collisions with snowmobiles, snowmaking and snow-grooming equipment, or other vehicles or equipment, and equipment malfunction. I understand and agree that there are risks involved in decision-making and conduct of Resorts’ employees involved with an Activity, including, but not limited to, the risks involved with rescue operations and/or medical care conducted or provided by Resort personnel inside or outside of Resort boundaries, the risks associated with decisions made by Resort personnel to open and/or close terrain, and the risk that an instructor/guide/coach may misjudge Participant’s abilities, conditioning, or misjudge weather, terrain, snow conditions, route selection, location, or some aspect of Participant’s mental, emotional or physical condition that may make a certain portion of any Activity appropriate or inappropriate for the Participant. I understand that falls and collisions occur and injuries are a common and ordinary occurrence of the Activity. RECOGNIZING AND ACCEPTING THE RISKS, PARTICIPANT VOLUNTARILY CHOOSE TO TAKE PART IN THE ACTIVITY OR I VOLUNTARILY CHOOSE TO ALLOW MINOR TO TAKE PART IN THE ACTIVITIES. Participant accepts the responsibility of maintaining control at all times while skiing. I agree to read, to have Participant read and, if necessary explain to Minor, all posted signs and warnings including instructions on the use of lifts and rental or other equipment. Participant agrees to obey all signs and warnings posted at the Resorts. I understand that Participant must have the physical dexterity and knowledge to safely load, ride and unload the lifts without assistance. I assume the risks of Participant riding the lifts and engaging in Activities accessible from the lifts. I UNDERSTAND AND AGREE THAT MINOR WILL BE USING SKI LIFTS WITHOUT A SKI INSTRUCTOR OR OTHER ADULT PRESENT AND THAT MINOR MAY ENTER AND USE FREESTYLE TERRAIN INCLUDING NATURAL AND MAN-MADE FEATURES. PARTICIPATION IN THE CHILDREN’S OR ADULT’S SKI/RIDE SCHOOL DOES NOT AND CANNOT ELIMINATE THE DANGERS AND RISKS OF SKIING OR USING SKI LIFTS. I agree not to enter a “CLOSED” area and understand that entering or skiing in a “CLOSED” area is illegal and more dangerous to Participant and others than skiing in open areas of the ski area. I agree to inspect before use all equipment offered for use by Resorts including, but not limited to, rental skis or snowboard, boots, bindings, helmet, ski bike, ice skates, tubing or exercise equipment or any other equipment (the “Equipment”) and ask questions of Resorts’ employees if Participant does not fully understand how to use either the Equipment or Resorts’ facilities. I warrant that information provided to rental and ski/board school technicians and personnel will be accurate and complete. I understand and agree that I may not be available or present when the Minor’s Equipment is fitted and adjusted and hereby waive the opportunity to verify the helmet size and fit and binding settings and authorizes employees of the Resorts, other than the technician performing the fitting and adjustment, to verify the helmet size and fit and binding settings. I understand and agree that, although I may be wearing a helmet, a helmet cannot guarantee Participant’s safety and no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s xxxx, xxxx or spinal cord. I understand and agree that bindings may not release at all times or under all circumstances where release may prevent injury or death. It is not possible to predict every situation in which bindings will release. In snowboarding, cross-country, telemark skiing, snowblading, and ski boarding, the binding system will not ordinarily release during use and such bindings may not be designed to release as a result of forces generated during ordinary operation. I accept for use “AS IS” any Equipment Participant uses for an Activity and to return either before use or promptly after discovery, for replacement or repair, any Equipment believed by Participant to be damaged or defective in any way. I accept full responsibility for the care of the Equipment used for an Activity and agrees that I will be responsible for the replacement at full retail value of any Equipment damaged or not returned. I understand Last Name: First Name: and agree that additional fees may be required for use of the facilities, Equipment, ski instruction or other services provided by the Resorts and that age and height restrictions may apply to limit participation in some Activities and at some facilities.

RISK OF PHYSICAL INJURY OR DEATH. I The Undersigned understand and agree that the use of the ski area facilities Activity involves strenuous activity at high altitude and hereby assumes those risks. The Undersigned understand and agree that risks includingassociated with participating in an Activity, in addition to those previously listed or described below, include, but are not limited to, to high elevation, wildlife encounters, falling trees and limbs, marked and unmarked obstacles, deep snow conditions and tree xxxxx, slick or uneven walking surfaces, surfaces covered with ice and snow, unstable ice and snow including but not limited to slides and avalanches, rugged mountainous terrain, acts of other skiers, collisions with snowmobiles, snowmaking and snow-grooming equipment, or other vehicles or equipment, equipment and equipment malfunctionmalfunction and sharing ski area facilities and Activity venues with people directly involved and/or not directly involved in the Activity. I The Undersigned understand that snowmobiles, snowmaking, snow grooming and vehicles and other equipment may be encountered at any time and Volunteer must be alert for and avoid such equipment. The Undersigned recognize that falls and collisions occur and INJURIES or DEATH may result from Volunteer’s participation in an Activity. Undersigned understand and agree that there are risks involved in decision-making and conduct of Resorts’ NSCD or Resorts employees involved with an Activity, including, but not limited to, the risks associated with decisions made by Resort personnel to open and/or close terrain, the risks involved with rescue operations and/or medical care conducted or provided by Resort personnel inside or outside of Resort boundaries, the risks associated with decisions made by Resort personnel to open and/or close terrain, and the risk that an instructor/guide/coach may misjudge Participant’s abilities, conditioning, or misjudge weather, terrain, snow trail conditions, route route/terrain selection, location, or some aspect of Participant’s abilities, conditioning, mental, emotional or physical condition that may make a certain portion of any the Activity appropriate or inappropriate for the Participant. I understand that falls and collisions occur and injuries are a common and ordinary occurrence of the Activity. RECOGNIZING AND ACCEPTING THE RISKS, PARTICIPANT VOLUNTARILY CHOOSE TO TAKE PART IN THE ACTIVITY OR I VOLUNTARILY CHOOSE TO ALLOW MINOR TO TAKE PART IN THE ACTIVITIES. Participant accepts the responsibility of maintaining control at all times while skiing. I agree to read, to have Participant read and, if necessary explain to Minor, all posted signs and warnings including instructions on the use of lifts and rental or other equipment. Participant agrees to obey all signs and warnings posted at the Resorts. I understand that Participant must have the physical dexterity and knowledge to safely load, ride and unload the lifts without assistance. I assume the risks of Participant riding the lifts and engaging in Activities accessible from the lifts. I UNDERSTAND AND AGREE THAT MINOR WILL BE USING SKI LIFTS WITHOUT A SKI INSTRUCTOR OR OTHER ADULT PRESENT AND THAT MINOR MAY ENTER AND USE FREESTYLE TERRAIN INCLUDING NATURAL AND MAN-MADE FEATURES. PARTICIPATION IN THE CHILDREN’S OR ADULT’S SKI/RIDE SCHOOL DOES NOT AND CANNOT ELIMINATE THE DANGERS AND RISKS OF SKIING OR USING SKI LIFTS. I agree not to enter a “CLOSED” area and understand that entering or skiing in a “CLOSED” area is illegal and more dangerous to Participant and others than skiing in open areas of the ski area. I agree to inspect before use all equipment offered for use by Resorts including, but not limited to, rental skis or snowboard, boots, bindings, helmet, ski bike, ice skates, tubing or exercise equipment or any other equipment (the “Equipment”) and ask questions of Resorts’ employees if Participant does not fully understand how to use either the Equipment or Resorts’ facilities. I warrant that information provided to rental and ski/board school technicians and personnel will be accurate and complete. I .. Undersigned also understand and agree that I may there are risks involved with storing and/or leaving ski equipment at the Resort and that NSCD and Resort shall not be available or present when the Minor’s Equipment is fitted and adjusted and hereby waive the opportunity to verify the helmet size and fit and binding settings and authorizes employees of the Resorts, other than the technician performing the fitting and adjustment, to verify the helmet size and fit and binding settings. I understand and agree that, although I may be wearing a helmet, a helmet cannot guarantee Participant’s safety and no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s xxxx, xxxx or spinal cord. I understand and agree that bindings may not release at all times or under all circumstances where release may prevent injury or death. It is not possible to predict every situation in which bindings will release. In snowboarding, cross-country, telemark skiing, snowblading, and ski boarding, the binding system will not ordinarily release during use and such bindings may not be designed to release as a result of forces generated during ordinary operation. I accept for use “AS IS” any Equipment Participant uses for an Activity and to return either before use or promptly after discovery, for replacement or repair, any Equipment believed by Participant to be damaged or defective in any way. I accept full responsibility for the care of the Equipment used for an Activity and agrees that I will be responsible for the replacement at full retail value any loss of any Equipment damaged or not returned. I understand Last Name: First Name: and agree that additional fees may be required for use of the facilities, Equipment, ski instruction or other services provided by the Resorts and that age and height restrictions may apply damage to limit participation in some Activities and at some facilitiesUndersigned’s equipment.

RISK OF PHYSICAL INJURY OR DEATH. I understand and agree that the use of the ski area facilities involves risks including, but not limited to, high elevation, wildlife encounters, falling trees and limbs, marked and unmarked obstacles, deep snow conditions and tree xxxxx, slick or uneven walking surfaces, surfaces covered with ice and snow, unstable ice and snow including but not limited to slides and avalanches, rugged mountainous terrain, acts of other skiers, collisions with snowmobiles, snowmaking and snow-grooming equipment, or other vehicles or equipment, and equipment malfunction. I understand and agree that there are risks involved in decision-making and conduct of Resorts’ employees involved with an Activity, including, but not limited to, the risks involved with rescue operations and/or medical care conducted or provided by Resort personnel inside or outside of Resort boundaries, the risks associated with decisions made by Resort personnel to open and/or close terrain, and the risk that an instructor/guide/coach may misjudge Participant’s abilities, conditioning, or misjudge weather, terrain, snow conditions, route selection, location, or some aspect of Participant’s mental, emotional or physical condition that may make a certain portion of any Activity appropriate or inappropriate for the Participant. I understand that falls and collisions occur and injuries are a common and ordinary occurrence of the Activity. RECOGNIZING AND ACCEPTING THE RISKS, PARTICIPANT VOLUNTARILY CHOOSE TO TAKE PART IN THE ACTIVITY OR I VOLUNTARILY CHOOSE TO ALLOW MINOR TO TAKE PART IN THE ACTIVITIES. Participant accepts the responsibility of maintaining control at all times while skiing. I agree to read, to have Participant read and, if necessary explain to Minor, all posted signs and warnings including instructions on the use of lifts and rental or other equipment. Participant agrees to obey all signs and warnings posted at the Resorts. I understand that Participant must have the physical dexterity and knowledge to safely load, ride and unload the lifts without assistance. I assume the risks of Participant riding the lifts and engaging in Activities accessible from the lifts. I UNDERSTAND AND AGREE THAT MINOR WILL BE USING SKI LIFTS WITHOUT A SKI INSTRUCTOR OR OTHER ADULT PRESENT AND THAT MINOR MAY ENTER AND USE FREESTYLE TERRAIN INCLUDING NATURAL AND MAN-MADE FEATURES. PARTICIPATION IN THE CHILDREN’S OR ADULT’S SKI/RIDE SCHOOL DOES NOT AND CANNOT ELIMINATE THE DANGERS AND RISKS OF SKIING OR USING SKI LIFTS. I agree not to enter a “CLOSED” area and understand that entering or skiing in a “CLOSED” area is illegal and more dangerous to Participant and others than skiing in open areas of the ski area. I agree to inspect before use all equipment offered for use by Resorts including, but not limited to, rental skis or snowboard, boots, bindings, helmet, ski bike, ice skates, tubing or exercise equipment or any other equipment (the “Equipment”) and ask questions of Resorts’ employees if Participant does not fully understand how to use either the Equipment or Resorts’ facilities. I warrant that information provided to rental and ski/board school technicians and personnel will be accurate and complete. I understand and agree that I may not be available or present when the Minor’s Equipment is fitted and adjusted and hereby waive the opportunity to verify the helmet size and fit and binding settings and authorizes employees of the Resorts, other than the technician performing the fitting and adjustment, to verify the helmet size and fit and binding settings. I understand and agree that, although I may be wearing a helmet, a helmet cannot guarantee Participant’s safety and no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s xxxx, xxxx or spinal cord. I understand and agree that bindings may not release at all times or under all circumstances where release may prevent injury or death. It is not possible to predict every situation in which bindings will release. In snowboarding, cross-country, telemark skiing, snowblading, and ski boarding, the binding system will not ordinarily release during use and such bindings may not be designed to release as a result of forces generated during ordinary operation. I accept for use “AS IS” any Equipment Participant uses for an Activity and to return either before use or promptly after discovery, for replacement or repair, any Equipment believed by Participant to be damaged or defective in any way. I accept full responsibility for the care of the Equipment used for an Activity and agrees that I will be responsible for the replacement at full retail value of any Equipment damaged or not returned. I understand Last Name: First Name: and agree that additional fees may be required for use of the facilities, Equipment, ski instruction or other services provided by the Resorts and that age and height restrictions may apply to limit participation in some Activities and at some facilities.