I the undersigned, being over the age of eighteen (18) years and being desirous to ski/snowboard and participate in snow sport activities and/or ski instruction and to utilize Nub’s Nob facilities for events and/or competition and/or for ski and snowboard and snow sports activities in general, HEREBY ACKNOWLEDGE ON A CONTINUING BASIS AS FOLLOWS: I acknowledge that skiing, snowboarding, ski and snowboarding instruction, events, competitions and other snow sport activities in general are potentially hazardous activities that involve many risks and dangers, including but not limited to: injuries that can result from variations in terrain; snow or ice conditions; bare spots; rocks, trees and other forms of natural growth or debris; collisions with ski towers and their components, with other skiers, snowmaking or snow-grooming equipment. I also understand that if I choose to participate in the Nub’s Nob Winter Sports School the participation includes various risks, including, but not limited to, falling; drills; exercises; following the direction of the instructor; terrain selection of the instructor; improper use of equipment; loss of balance, etc. I accept all of the risks of not only skiing and snowboarding, but also those risks that accompany ski and snowboard instruction and participation in events and competitions and snow sports in general. I acknowledge that I am the sole judge of my abilities as to skiing and snowboarding and participating in events/ competitions and ski and snowboard instruction and agree to conduct myself within the limits of my individual abilities and agree not to ski/ snowboard/compete or participate in snow sports activities and ski instruction in a manner outside of my abilities or in a manner that might cause or contribute to injuries to myself or others, or cause damage to property.
In consideration of my use of Nub’s Nob facilities and participating in skiing, snowboarding, ski and snowboard instruction and snow sports activities in general, I agree that Nub’s Nob and its employees, officers, representatives, directors, shareholders, agents and vendors or anyone associated with Nub’s Nob will not be liable for the loss, injury or death related to my participation in skiing, snowboarding competition activities and ski instruction, or my skiing or snowboarding activities in general. I hereby agree and release Nub’s Nob from any and all of my activities at Nub’s Nob, including, but not limited to, skiing and snowboarding, events/ competitions, ski and snowboard instruction, and other snow sport activities in general. In sum, I agree not to sue Nub’s Nob.
I also agree to Release, Hold Harmless, Indemnify, and Defend Nub’s Nob and its employees, owners, officers, representatives, directors, shareholders, agents and vendors or anyone associated with Nub’s Nob from and against any and all lawsuits, claims, actions, losses and damages that I have or perceive myself to have against Nub’s Nob, including but not limited to allegations of negligence, carelessness, breach of contract, breach of statutory duty or other duty of care. I further agree to Indemnify, Hold Harmless and Defend Nub’s Nob from damage, costs or expenses, including actual attorney fees and costs, without limitation which Nub’s Nob sustains as a result to or related to any claims that I have or perceive myself to have against Nub’s Nob. I acknowledge that I have read the Skier/ Snowboard Responsibility Code and understand the responsibilities it imposes upon participants in this inherently dangerous activity.
I have carefully read the above agreement, release and indemnity agreement and understand that it is a contract which applies to all events and snow sports activities in general during the ski season and I acknowledge all of its implications and the contractual responsibility I accept by signing this agreement.