Release & Assumption Of Risk Agreement Form

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BOULDER RIDGE, WHITETAIL ADVENTURE & ROUNDTOP TUBING
RELEASE & ASSUMPTION OF RISK AGREEMENT
NAME: _______________________________________
DATE: __________________________
Please Print
Tubing Date
ADDRESS: ____________________________________________________________________________
E-MAIL:_______________________________________________________________________________
GROUP NAME (if applicable): _____________________________________________________________
NOTICE OF RISK
I, the undersigned, do hereby understand and agree that the recreational sport of snow tubing contains inherent and other
risks that could lead to serious injury or death. These risks include but are not limited to: falling out of the tube; traveling
at various rates of speed; collisions with other tubes, tubers, or spectators; collisions with man-made objects such as:
fencing, snowmaking and grooming equipment, collisions with natural objects, collisions with associated equipment,
variations in terrain and steepness of terrain, varying surface conditions such as: ice, ice chunks, wet or slushy snow,
slippery walking surfaces, and the use of the tubing lifts.
I further agree to inspect the tubing area, tubing slope, tubes and all associated equipment prior to any use of the same. I
agree to read, understand, follow or ask for explanation of all the rules, policies, and tubing responsibility codes that are
posted at the tubing area. I understand that I can ask for and will receive instructions on the use of the tubing slope and
the tubing lift prior to any use of the same. I further understand and agree that my minor child must be a minimum of five
years old in order to use the main tubing slope.
I accept for use, AS IS, the tubing area including the tubing slope, tubing lift, tubes and other associated equipment.
ASSUMPTION OF RISK
Understanding, acknowledging and agreeing to all of the risks involved, I hereby agree to expressly and voluntarily
accept and assume all risks involved in the sport of snow tubing.
RELEASE OF LIABILITY
In consideration of being allowed to use the tubing area at Liberty, Whitetail or Roundtop, I HEREBY AGREE NOT
TO SUE AND TO RELEASE, SKI LIBERTY OPERATING CORP., WHITETAIL MOUNTAIN OPERATING
CORP. AND SKI ROUNDTOP OPERATING CORP., AS WELL AS THEIR OWNERS, AGENTS AND
EMPLOYEES FROM ANY AND ALL LIABILITY RELATED TO INJURY, PROPERTY LOSS OR
OTHERWISE RELATED TO MY PAST, PRESENT OR FUTURE USE OF THE TUBING FACILITY,
REGARDLESS OF ANY NEGLIGENCE, GROSS NEGLIGENCE OR IMPROPER CONDUCT ON THE PART
OF THE SAME. I FURTHER AGREE TO INDEMNIFY AND DEFEND THE SAME, FROM ANY CLAIM
FOR LIABILITY RELATED TO INJURY AS A RESULT OF MY OR MY CHILD’S USE OF THE
FACILITIES, REGARDLESS OF ANY NEGLIGENCE.
I agree that all disputes arising under this contract shall be litigated exclusively in the Court of Common Pleas of the
County in which the incident occurred or in the United States District Court for the Middle District of Pennsylvania.
Further, this agreement is governed by the applicable laws of the state of Pennsylvania. If any part of this agreement is
determined to be unenforceable, all other parts shall be given full force and effect.
If I do not agree with the above, I will not use the tubing facility.
I, the undersigned have read, understand and agree to be legally bound by the above release agreement.
Tubing participant signature: ____________________________________________
Date _____________
(If a minor (under 18), the signature of a parent or guardian is required)
Parent or Guardian Signature: ____________________________________________
Date _____________
(The signature of one parent or guardian binds both parents or guardians in reference to this agreement)
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