RELEASE, INDEMNITY AND AGREEMENT NOT TO SUE
I understand that skiing and snowboarding in their various forms, and preparation for and participation in snowboarding and skiing competitions, as well as coaching, officiating, supervising and observing skiing and snowboarding in their various forms, and participation in activities related to alpine, freestyle, adaptive, and snowboarding training, competitions and clinics, including dry-land training, assisting with any such activities or events, riding ski lifts, and participating in team meetings and gatherings and similar activities (hereinafter collectively referred to as "Activities"), involve many RISKS, DANGERS and HAZARDS. These risks, dangers and hazards include, but are not limited to, changing weather and snow conditions, ice, variations in steepness or terrain, natural and man-made obstacles and structures, equipment failure, collisions with objects or structures, being struck by skiers/riders or equipment, falling off of or being otherwise injured by ski lifts, and exceeding one's own abilities. I further understand that ski and snowboard training and competition may be more hazardous than recreational skiing and snowboarding. I understand that INJURIES OF ALL TYPES ARE A COMMON AND ORDINARY OCCURRENCE of the Activities. I know that the risk of SEVERE INJURY and even DEATH exists in all training and competition locations and activities, including free skiing and riding. I also know that personal training, coaching, instruction, supervision and enforcement of rules by the Pocono Alpine Ski Educational Foundation, Inc., its affiliates, officers, directors, volunteers, employees, coaches, contractors and representatives, competition organizers and sponsors (hereinafter the term "PASEF" shall be used to refer to all such persons and entities collectively) do not and cannot guarantee my safety, and PASEF cannot protect me from these potential harms.
With full knowledge and understanding of the RISK OF SEVERE INJURY AND EVEN DEATH involved in the Activities, I FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME THE RISK THAT I MAY SUFFER TEMPORARY, PERMANENT OR EVEN FATAL INJURIES, even if I follow the instructions or advice of PASEF. In consideration of PASEF's acceptance of my registration to participate in Activities, use PASEF’s facilities and obtain the instruction provided by PASEF, and/or PASEF’s acceptance of my agreement to provide coaching services, and/or PASEF’s acceptance of my offer to volunteer to perform Activities, and in spite of the risk of severe or permanent injury, or even death, the undersigned (hereinafter "Participant") agrees to comply with and be bound by the following terms at all times, whether training or practicing for competition, in competition, coaching, volunteering, officiating or supervising:
1. Participant hereby unconditionally WAIVES AND RELEASES ANY AND ALL CLAIMS, AND AGREES TO HOLD HARMLESS, DEFEND AND INDEMNIFY PASEF FROM ANY CLAIMS, present or future, to Participant or his/her property, or to any other person or property, for any loss, damage, expense, or injury (including DEATH), suffered by any person from or in connection with Participant's participation in any Activities in which PASEF is involved in any way, due to any cause whatsoever, INCLUDING NEGLIGENCE and/or breach of express or implied warranty on the part of PASEF.
2. Participant hereby RELIEVES PASEF OF ANY DUTY TO PROTECT PARTICIPANT FROM HARM in connection with any Activities in which PASEF is involved in any way.
3. Participant authorizes PASEF to obtain medical care for, or transport him/her to a medical facility or hospital if, in the opinion of PASEF, medical attention is required and Participant is unable to make such decisions for himself/herself. Participant agrees to pay all costs associated with such medical care and related transportation and shall DEFEND, INDEMNIFY AND HOLD HARMLESS PASEF of and from the consequences of such decision and from any such costs incurred relating to the provision of medical care. Participant also authorizes disclosure of protected medical information necessary to provide, coordinate or manage Participant's healthcare consistent with the dictates of HIPAA and to the extent that such use or disclosure is required by law.
4. Participant understands and acknowledges that PASEF programs generally operate at an athlete to coach ratio that does not permit Participant to be regularly accompanied on ski lifts by a responsible adult, and that even if accompanied, PASEF cannot ensure any Participant’s safety. Participant hereby acknowledges that he or she will be required to ride ski lifts independently, and affirms that Participant, regardless of age, is capable of riding ski lifts independently. It is the sole responsibility of each Participant and his or her parent(s) or legal guardian(s) to make such determination that Participant is capable of riding ski lifts safely and independently, and by participating in the Activities, Participant and his or her parent(s) or legal guardian(s) confirm that Participant is capable of riding lifts independently, and assumes all risk of loss, injury or even death that could result therefrom.
5. Participant agrees never to utilize any run, course or facility for any training, practice or competition without first conducting his/her own thorough visual inspection of the run, course or facility.
6. Participant agrees to report any material injury sustained while participating in any of the Activities to the Head Coach of PASEF promptly following any such injury, and to promptly file an incident report relating to such injury with the responsible ski patrol.
7. Participant acknowledges that except as provided in the following sentence, PASEF program fees and dues are non-refundable for any reason. At the sole discretion of the Board of PASEF, a partial refund of program fees (but not PASEF dues) may be offered for season ending injuries sustained while participating in the Activities prior to March 1 of the current season, subject to full compliance with clause 6 of this Agreement and a letter from such Participant’s doctor certifying such Participant’s medical ineligibility for further participation in the Activities for the remainder of such season. The amount of any such refund will not be larger than a pro-rated amount of such annual fees based on the number of weeks remaining in the current season following the injury (excluding the week in which such injury was sustained) relative to the total length of the season, assuming for this purpose a season that extends from the first week of January through the last week of March.
8. This Agreement shall remain in full force and effect and may not be revoked by Participant, either verbally or in writing. If I am signing this document on behalf of myself and one or more minor children who is/are also Participant(s), I acknowledge that I have read and agree to all the terms and conditions specified herein on behalf of my minor child/children and myself, and am doing so with the knowledge and consent of my spouse (if any), and acknowledge that I may be giving up my own right to sue as well as that of my spouse and child.
9. This Agreement shall be construed in accordance with, and governed by the substantive laws of the State of Pennsylvania, without reference to principles governing choice or conflicts of laws. In addition, Participant agrees that notwithstanding Participants agreement not to sue PASEF, any and all claims against PASEF must be maintained in state courts sitting in Monroe County, Pennsylvania, or federal district courts sitting in the Middle District of Pennsylvania, and Participant consents and agrees that jurisdiction and venue for such proceedings shall lie exclusively with such courts. In the event any portion of this release is found to be unenforceable, the remaining terms shall be fully enforceable.