Season Pass Agreement
Please read over the SEASON PASS AGREEMENT - EXPRESS ASSUMPTION
OF RISK and FORUM SELECTION AGREEMENT that you will be asked to
sign when you arrive pick up your Season Pass. Thank You.
SEASON PASS AGREEMENT - EXPRESS ASSUMPTION OF RISK and
FORUM SELECTION AGREEMENT
1. Winter Sports include Inherent Risks.
I, ___________________________, understand and accept that skiing
and other forms of winter mountain sports in which I may
participate at Mount Sunapee are hazardous with many inherent risks
and resulting injuries or death. I acknowledge that my season pass
affords me significant discounted access to winter sports
activities at Mount Sunapee. Therefore in consideration of this, my
knowledge and understanding of these sports and the benefits,
terms, and conditions of my season pass agreement, and being
allowed to use the premises of Mount Sunapee and participate there
in winter sports activities, I freely and willingly accept and
voluntarily assume all risk of property damage, personal injury, or
death which occurs at Mount Sunapee and which results from my
participation in such winter sports activities and the inherent
risks of such activities as they are defined herein, except
damages, injury, or death which may occur while being transported
on a ski lift at a time when I am in full compliance with all rules
and regulations regarding such transportation.
2. Inherent Risks Defined.
I further agree that the phrase ""inherent risks"" means those
risks which are listed in this agreement, or those that can
reasonably be inferred therefrom. I also agree that these risks are
both obvious and necessary to these winter sports activities. I
agree that these inherent risks include but are not limited to
changing weather conditions; surface and/or subsurface snow
conditions as they may from time to time exist and may change or be
affected by weather, skier, or other participant usage, and whether
such conditions are surface or subsurface or consist of ice, hard
pack, powder, packed powder, wind pack, corn, crust, slush, cut up
snow, and/or machine made or machine enhanced snow or rocks, bare
ground or earth; other conditions including bare spots, rocks,
forest growth and debris, stumps and trees, streambeds and other
natural objects and/or collisions with such objects; collisions
with lift towers, signs, posts, fences, or other enclosures, water
and/or air pipes or other manmade structures, and/or their
components such as hydrants used in snowmaking or for other
necessary purposes; collisions with well marked or plainly visible
snow mobiles, snow grooming, and/or other over snow vehicles or
equipment; variations in steepness of terrain including but not
limited to roads and/or other terrain modifications or variations
in terrain that occur naturally or as the result of slope design,
weather changes, snow making and/or snow grooming operations, or
participant usage.
3. I will not sue for inherent risks.
Therefore, in consideration of all of the above I agree that I
will not make any claim nor bring any suit for any damages, injury,
or death to myself which results from any such inherent risks, as I
have agreed they are defined herein. I also agree, that in the
event that anyone makes any claim against Mount Sunapee, Inc. or
any of its officers, directors, shareholders, agents, and/or
employees, arising out of one or more of these inherent risks and
as a result of any of my activity on their premises or the use of
their facilities, that I will indemnify and hold harmless Mount
Sunapee, Inc. from such claims.
4. Forum Selection Agreement.
5. Binding on myself and my heirs;
Indemnity.
This contract may also be plead as an affirmative defense to any
claim that I might make as a result of any damage, injury, and/or
death which I may sustain as a result of my participation in winter
sports activities and caused in whole or in part by one or more
inherent risks of winter sports. I further agree that this contract
is binding upon myself, my heirs and assigns. To the extent that I
am signing this document on behalf of any minor I represent and
guarantee that I have full authority to do so realizing the full
binding effect of this contract on them as well as on myself and I
further agree to indemnify and hold harmless Mount Sunapee, Inc.
for any claims brought on behalf of the minor relating to any
damages allegedly sustained by the minor while he/she was using
their pass. I acknowledge that I have read, agree with, and
understand the terms of this SEASON PASS CONTRACT-EXPRESS
ASSUMPTION OF RISKS AND FORUM SELECTION AGREEMENT and that I am
signing it freely and of my own will.
6. Abide by posted rules.
I also agree to abide by the terms of any rules of conduct for
sports participants posted at Mount Sunapee Resort or contained in
its seasonal trail maps or brochures.
______________________________________
Signature of Passholder
_________________
Date
(If passholder is under 18, signature of parent/legal
guardian is required before skier will be allowed to pick up and/or
use the season pass).
______________________________________
Parent/Legal Guardian's Signature
_________________
Date
I further agree that any dispute arising under this contract
and/or from any use by me of any of the premises or facilities at
Mount Sunapee, Inc. shall be litigated exclusively in the Superior
Court of Merrimack County, New Hampshire, or the U.S. District
Court for the District of New Hampshire.
