By pressing “Agree & Continue”, I acknowledge I have read the Big Snow American Dream Liability Waiver and Release and I am voluntarily and personally signing it or if I am the parent or legal guardian, signing it on behalf of the minor Participant. I understand the legal consequences of signing this document, including (a) releasing the Company from all liability, (b) waiving my right to sue the Company, (c) and assuming all risks of participating in this Activity and any events incidental to this Activity. If I am signing as a parent or legal guardian, I allow the minor Participant to participate in this Activity. I understand that I am responsible for the obligations and acts of the minor Participant as described in this document.
BIG SNOW AMERICAN DREAM PARTICIPATION AGREEMENT
RELEASE OF LIABILITY, WAIVER, INDEMNITY AGREEMENT AND WARNINGS
THIS AGREEMENT is made between SNOW OPERATING LLC D/B/A BIG SNOW AMERICAN DREAM, its representatives, agents, officers, directors, servants, subsidiaries, affiliates and employees (collectively referred to as "BIG SNOW"), and the undersigned (referred to as “I”). BIG SNOW AND I agree as follows:
1. I understand that the use of the ski area and the issuance of this Pass is subject to the posted signage, warnings, the Skiers’ Responsibility Code, posted around the mountain and/or on our website and the New Jersey Ski Statute, N.J.S.A. 5:13-1 et seq. The term “Pass” as used in this agreement includes, but is not limited to the following: “Lift Ticket”, “Season Pass”, “Multi-Trip Card”, “Pass”, “Card”, “Triple Play Card” and/or “Employee ID.”
2. I understand and agree that I will report any injury to myself, or collision with another skier, a piece of equipment or a stationary object to Big Snow’s Ski Patrol immediately. I understand that I must report in writing to Big Snow all the details of any accident as soon as possible, but in no event longer than 90 days from the time of the incident per N.J.S.A. 5:13-7.
3. WARNINGS RELATED TO SKI OPERATION. I acknowledge that operating a ski resort in New Jersey requires the use of snowmobiles, grooming machines, and snowmaking equipment. I acknowledge that CONTACT WITH SNOWMOBILES, SNOWMAKING EQUIPMENT OR GROOMING MACHINES MAY RESULT IN SERIOUS INJURY OR DEATH. Snowmaking equipment can be located off-trail, on the edges and sides of trails, and sometimes even in designated places on trail. I further acknowledge that by skiing on the edge of trails or skiing off-trail may cause me to come into contact with SNOWMAKING EQUIPMENT, LIGHTING OR GROOMING MACHINES. I AGREE TO MAINTAIN A SAFE DISTANCE AT ALL TIMES AWAY FROM THE EDGE OF TRAILS OFF TRAIL AREAS, SNOMAKING EQUIPMENT, LIGHTING OR GROOMING MACHINES. I acknowledge that snowmobiles and grooming machines are necessary for the operation of the mountain and that they can be encountered at any time on any trail. I agree to look and listen for the headlights, warning lights, visible flags, back-up sirens and/or motor sounds associated with snowmobiles or grooming machines. I understand that reflectors, fencing and padding are primarily used throughout the mountain as visual warnings and I RECOGNIZE THAT SERIOUS INJURY OR DEATH CAN RESULT FROM BOTH LOW AND HIGH ENERGY IMPACTS OR CONTACT WITH FENCES OR PADDED EQUIPMENT, WALLS, I-BEAMS, INFRASTRUCTURE or grooming machines. I agree to maintain control of my speed, course and direction at all times.
I acknowledge that Big Snow is an Alpine Environment; ice, snow and irregular conditions may exist at any time on any surface, including shopping areas, paths and walkways surrounding the ski area.
4. HELMET DISCLAIMER. New Jersey law at N.J.S.A. 5:13-12 states that persons under eighteen years of age engaged in the activity of downhill skiing or operation of snowboards, including the use of ski tows, lifts and tramways, shall wear a securely-fitted protective helmet; specifically, one which was designed to be used while engaged in the activity of recreational downhill skiing. The Parent, legal guardian or adult acting in a supervising position of a person under 18 years of age shall ensure that the person wears a securely-fitted protective helmet. I acknowledge that a helmet designed for RECREATIONAL SNOW SPORTS use may help reduce the risk of some types of injuries to the user at slower speeds, but I RECOGNIZE THAT SERIOUS INJURY OR DEATH CAN RESULT FROM BOTH LOW AND HIGH ENERGY IMPACTS, EVEN WHEN A HELMET IS WORN. BIG SNOW RECOMMENDS WEARING HELMETS FOR SKIING AND SNOWBOARDING. Skiers and snowboarders are encouraged to educate themselves on the benefits and limitations of helmet usage. The primary safety consideration and obligation under Your Responsibility Code is to ski and ride in a controlled and responsible manner.
5. SKI SCHOOL WARNINGS. If participating in a Snow School lesson/program, the undersigned agrees and understands that skiing and/or snowboarding is a HAZARDOUS ACTIVITY which may result in INJURY or DEATH to me and/or to the minor listed below DURING participation in BIG SNOW’S Snow School. I also understand that I and/or the minor will be using SKI LIFTS WITHOUT AN INSTRUCTOR OR OTHER ADULT PRESENT. Trail conditions vary constantly because of skier use and even the best equipment and instruction cannot prevent injury. PARTICIPATION IN SNOW SCHOOL SHALL NOT IN ANY WAY ELIMINATE THE INHERENT RISKS IN SNOW SKIING, SNOWBOARDING, OR RIDING SKILIFTS.
6. RENTAL WARNINGS. If renting ski or snowboard equipment through Big Snow, I understand that ski binding settings are set based on a skier’s age, height, weight and skier type. I have accurately represented the information entered to complete this order and confirm it is true and correct. I agree to verify that the equipment’s binding settings appearing in the visual indicator windows of the equipment match those reviewed with me by a Big Snow Technician and as it appears above the signature pad. 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. I understand that any adjustment of the binding must be performed by the rental shop personnel only. I accept, AS IS, the equipment assigned to me, and accept full financial responsibility for the care of the equipment while it is in my possession. I agree to return all rental equipment by the agreed date. I will be responsible for the replacement at full value on my equipment rented under this agreement that has not been returned to Big Snow.
7. RACING PROGRAM WARNINGS. If participating in a Ski Racing Program/Ski Race, the undersigned agrees and understands that ski racing is an EXTREMELY HAZARDOUS ACTIVITY which may result in INJURY or DEATH to participant in BIG SNOW’s Race Program. I recognize that there are EXTREME DANGERS associated with participating in ski racing in a competitive event, including, but not limited to, the fact that the participant will be traveling at high speed, that collisions and falls are a high probability, that any netting, fencing or other devices erected are designed ONLY TO PROTECT SPECTATORS and are NOT DESIGNED TO PROTECT RACERS, that it is possible that the participant might leave the course, collide with other persons or structures on the course or lose control and fall on the course, etc. I understand and acknowledge that this list is not complete or exhaustive and that other risks, known or unknown, identified or unidentified, may also result in injury, death, illness, or damage to my property. Accordingly, I understand that the participant must control himself or herself at all times, and anticipate the unexpected. I also understand that participant will be using SKI LIFTS WITHOUT A COACH OR OTHER ADULT PRESENT. Trail conditions vary constantly because of weather changes and skier use and even the best equipment and coaching cannot prevent injury. Natural and manmade obstacles, including other skiers, may exist and collisions do occur. PARTICIPATION IN SKI TEAM SHALL NOT IN ANY WAY ELIMINATE THE INHERENT RISKS IN SNOW SKIING OR RIDING SKI LIFTS.
8. SNOW PLAY WARNINGS. If participating in Snow Play Activity, the undersigned agrees and understands that snow play is an inherently hazardous activity that has many dangers and risks. BIG SNOW does not make any guarantees or representations as to the safety of the equipment I am using Nonetheless, I wish to participate in this activity and agree to these terms as a condition of my participation. I AGREE it is my sole responsibility to view the snow play area BEFORE I participate and to not participate if the area or adjacent areas or conditions are not to my satisfaction. I have been informed about and/or made aware of and hereby certify that I, or participant if participant is a minor, meet(s) all admission requirements in terms of height, age, and any other requirement which may exist.
7. ON BEHALF OF MINORS. I have signed this agreement on behalf of the minor listed. I represent to Big Snow that I have the authority to enter into this contract on behalf of said MINOR and on behalf of any other parent or guardian of said MINOR. To the fullest extent permitted by law, I agree to DEFEND, INDEMNIFY AND HOLD HARMLESS BIG SNOW from any and all claims, suits, costs and expenses including attorneys’ fees for personal injury, death or property damage from and/or on behalf of said minor, even after the minor has attained majority, and/or claims from injured third parties arising out of or resulting from said minor’s conduct or related to the use of the ski area premises including the related facilities.
8. RELEASE, INDEMNITY AND ASSUMPTION OF RISKS OF SPORT. I understand and EXPRESSLY AGREE that skiing in its various forms is an inherently hazardous sport that has many dangers and risks. I realize that injuries are a common and ordinary occurrence of this sport. As a condition of being permitted to use any and all of the facilities of the ski area, I FULLY RELEASE BIG SNOW AND AGREE TO EXPRESSLY ASSUME ALL RISKS of personal injury, death or loss or damage to any of my property. I release BIG SNOW from any and all claims related to (1) the inherent risks of the sport; (2) abrupt changes in conditions;(3) hazards normally associated with the varying conditions of snow or undercover, including skier use; and (4) the location of manmade facilities and equipment necessary for the ordinary operation of the ski area, such as transportation or grooming vehicles, towers, fencing of any type, or any other object or piece of equipment utilized in connection with the maintenance of trails, buildings or other facilities used in connection with skiing, snowboarding or snowmaking. I EXPRESSLY AGREE, as a condition of being allowed to use the ski area facility and premises, that I do freely accept and voluntarily assume ALL RISKS of personal injury or death or property damage, and FULLY RELEASE BIG SNOW to the greatest extent permitted by law FROM ANY AND ALL LIABILITY for personal injury, death or property damage arising out of or resulting from my participation in this sport; and/or from my use of the ski area premises including the related facilities.
I FURTHER RELEASE AND GIVE UP ANY AND ALL CLAIMS AND RIGHTS THAT I MAY NOW HAVE AGAINST BIG SNOW. THIS RELEASES ALL CLAIMS, INCLUDING THOSE OF WHICH I AM NOT AWARE AND THOSE NOT MENTIONED IN THIS RELEASE. THIS RELEASE APPLIES TO CLAIMS RESULTING FROM ANYTHING WHICH HAS HAPPENED UP TO NOW.
9. INDEMNIFICATION. To the fullest extent permitted by law, I agree to DEFEND, INDEMNIFY AND HOLD HARMLESS Big Snow from any and all claims, suits, costs and expenses including attorneys’ fees asserted against Big Snow by me or third parties arising or allegedly arising out of or resulting from my conduct while utilizing Big Snow’s facilities whether or not BIG SNOW’S NEGLIGENCE contributed thereto in whole or in part.
10. CHOICE OF VENUE-MORRIS COUNTY. I AGREE that any and all disputes between myself and Big Snow arising from my participation in the sport of skiing shall be GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY and the EXCLUSIVE JURISDICTION thereof will be in the state or federal courts of the STATE OF NEW JERSEY and venue in the state Court shall be MORRIS COUNTY, NEW JERSEY.
11. PHOTO RELEASE. By accepting and using this pass I authorize Big Snow to record and reproduce my image and/or performance for the use in company promotional materials including commercials, travel videos, brochures and any other related materials. Additionally, I agree that Big Snow shall have the right to distribute the promotional materials to any and all television, video outlets, publishers and/or printers in the universe, and that Big Snow shall be the sole owner of any/all such materials.
I HAVE READ AND UNDERSTAND the terms of the above FULL RELEASE FROM LIABILITY AND INDEMNITY AGREEMENT. I am accepting the terms freely and of my own accord, realizing IT IS BINDING upon myself, my heirs and assigns, and in the event that I am signing it on behalf of any minors, that I have full authority to do so, realizing its BINDING EFFECT on them as well as myself. I understand that by accepting this agreement electronically, it is the legal equivalent to a manual/handwritten signature and is as valid as if I signed my signature.
If any part of this agreement is deemed unenforceable, the remainder shall be an enforceable contract between the parties. I AM AWARE THAT THIS CONTRACT IS LEGALLY BINDING AND THAT I AM RELEASING LEGAL RIGHTS BY SIGNING IT.