In consideration of my child's being permitted to participate in the summer ski camp operated by Hunter Mountain Ski Bowl, Inc. and the Hunter Mountain Racing Foundation (hereafter called "the camp"), I expressly acknowledge and agree as follows:
1. My child and I have read and understand the "Duties of Skiers", "Duties of Passengers" and "Duties of Skiers With Respect to inherent risks" under the New York State safety in skiing code (Article 18 of the New York General Obligations Law) and the "Skier Responsibility Law of the Town of Hunter:", copies of which are available at the Skier Services Desk , and agree to observe them.
2. My child is physically fit and capable of meeting his/her responsibilities as a skier. My child agrees not to participate in the camp while under the influence of drugs and/or alcohol.
3. My child agrees to seek out, read, review and abide by any and all notices which may be posted by the operators of the camp or the ski areas where the camp is run which may pertain to my child's responsibilities as a skier and to abide by any directions of the Management of the camp.
4. My child and I recognize and explicitly acknowledge that skiing is a hazardous sport. We agree to accept all legal responsibility for any personal injury, death, or property damage which results from participation in the camp including but not limited to personal injury, death or property damage which results from skiing.
5. My child and I have read, reviewed and I understand the Warning To Skiers which is posted at all Hunter Mountain ticket sales locations.
6. My child has obtained such education in the sport of skiing as is appropriate to his/her level of ability and has familiarized himself or herself with the skills and duties necessary to reduce the risk of injury in skiing.
7. My child and I hereby agree not to sue Hunter Mountain Ski Bowl Inc. Hunter Mountain Racing Foundation and any individuals, corporations or entities which did or do own, operate, maintain, construct , design or control any real or personal property, machinery, equipment or fixture which did or does constitute a portion of or which is or ever was used in connection with the ski resort known as Hunter Mountain Ski Bowl and all sponsors of the camp; as well as any such entity's officers, directors, agents, employees, volunteers, or consultants (hereinafter individually and collectively in all combinations "Releases" or "Indemnified Parties") for any personal injury, death or property damage that may occur as a result of my child's participation in the camp.
8. Therefore, by participating in the camp, and by executing this agreement, it is our express intention to waive any and all claims which my child and I have, or might have, or which my spouse may have acting on my behalf or which he or she may have in his or her own right, to bring any form of civil suit, whether for compensatory and/or punitive damages arising out of the event, and any incidents related thereto which may cause my child injury, whether permanent, temporary or terminal.
9. I further agree for myself, my successors, heirs, assigns, executors and administrators to indemnify and hold the Indemnified Parties harmless from all claims and suits for personal injuries, death or property damage arising out of my child's participation in the camp. Thus, I will pay to each Indemnified Party against whom such a claim is asserted all costs and legal fees expended to defend such claims as well as any sum of money paid to claimant by the Indemnified Parties as a result of judgment or settlement. I recognize and understand this indemnification provision is distinct from and independent of the release provisions. Accordingly, this indemnification provision will apply whether or not for any reason the release provisions are held invalid or inapplicable in whole or in part to any claim asserted.
10. My child and I further agree that any photographs, pictures, slides, videotapes, movies or documents or any reproduction of the same containing my child's name or likeness taken or made in connection with the Camp; may in any manner be used by Releases, or by any person, corporation, partnership, or association authorized by Releases.
11. Because it is our intention to waive and relinquish any claims which we might otherwise have against Releases in the event my child should sustain an injury, whether minor or most severe, disabling and/or terminal, we have given careful consideration to the adequacy of my child's medical insurance, disability insurance, life insurance and our personal financial resources, any or all of which would be available to provide for medical expenses, disability, and short-term and long-term financial security for my child. By signing below and allowing my child to participate in the camp we are signifying that we are properly insured and/or financially equipped to provide for any contingency which may arise as a result of my child's participation in this event.
12. Although at the time this Release has been reviewed and signed my child has not inspected the ski slope and facilities where the camp is to take place, I also acknowledge that it is my child's responsibility alone to thoroughly familiarize himself or herself with the slope, course, area and equipment, and that it is his or her sole responsibility to either not participate in the event, or to discontinue participation in the event if there is anything unsafe or which creates any additional risk over and above that which is inherent in skiing.
