SEASON PASS CONDITIONS OF USE AND RELEASE OF LIABILITY
(Please read carefully before signing)
As a condition of receiving or purchasing a McIntyre Ski Area Season Pass, I, the pass holder, agree to the following conditions of use and release of liability:
1. WARNING: All forms of skiing, snowboarding, recreational activities and the use of aerial and surface lifts are hazardous. Falls and injuries are a common occurrence. Recreational users of the ski area must use deliberate and conscious control of their bodies and proper equipment, both on the ground and in the air, in relation to ever changing variables and dangers. Safety is directly affected by personal judgment in the severe elements of mountain forest terrain. Ski and/or ride within one's own ability. Be alert to continually changing weather, visibility and surface conditions and other risks including but not limited to: existing and changing surface or subsurface snow and ice conditions, dirt, grass, bare spots, forest growth, trees, rocks, stumps, and other natural objects and collisions with or falls resulting from such natural objects, lift towers and components thereof, lights, signs, posts, fences, mazes or enclosures, hydrants, water or air pipes (all the foregoing whether above or below the snow surface), snowmaking and snow grooming equipment, trail maintenance vehicles and snowmobiles, other man-made structures or objects and their components, and collisions with or falls resulting from such man-made objects; variations in steepness or terrain, whether natural or as a result of slope design; snowmaking and snow grooming operations, including but not limited to jumps, roads and catwalks or other man-made and natural terrain modifications and features including terrain parks, elements and half-pipes; the presence of and collisions with other skiers and riders and the failure of others to ski and ride safely; in control or within their own ability.
2. I hereby promise not to bring a claim against or sue, and AGREE TO RELEASE McIntyre Ski Area, LLC, McIntyre Ski School, Inc., B&B Holdings, LLC and the City of Manchester, their employees, owners, affiliates, agents, landowners, officers, directors, ski patrollers, and their successors in interest, any equipment manufacturers and distributors, and race committees, together with each of their officers, managers, and coaches (collectively "RELEASEES"), from all liability for injury, death, property loss and damage that results from my or my child or ward’s participation in the sport of skiing/riding, that is in any way related to participation in the Snowsports Program, the use of equipment, or is related to any other activity at this ski/recreational area, whether such claim is based on liability that results from the NEGLIGENCE of RELEASEES, breach of warranty, product defect, or any other person or cause. I further agree to DEFEND, INDEMNIFY AND HOLD HARMLESS RELEASEES for any loss or damage arising from claims or lawsuits related in any way to my, or my child's participation in skiing, snowboarding, use of the equipment, or any other activities on RELEASEES’ premises. I understand that permission to use RELEASEES’ premises, and my, or my child's participation is being given in exchange for the execution of this Release of Liability. I authorize RELEASEES to administer first aid as they deem necessary. I authorize transportation to a medical facility, at my expense, if deemed necessary by RELEASEES’. In the case of serious illness or injury, if I cannot be reached, I give permission for treatment necessary for the well-being of myself or my child, at my expense. I agree that upon transporting myself, or my child, to any medical facility, that RELEASEES shall have no further responsibility.
3. I agree a) to visibly display my season pass when boarding lifts; b) to present the season pass to any authorized representative of the McIntyre Ski Area staff upon request; c) to refrain from misconduct or reckless skiing/riding; and d) to read and obey the guidelines of "Your Responsibility Code" as found on McIntyre's: trail map, signage, handouts, and on display throughout McIntyre Ski Area.
4. I understand that if I attempt to board a lift without my pass, I will be subject to prosecution pursuant to New Hampshire criminal statute RSA 637: 8 ("Theft of Services").
5. I understand that this season pass may not be used by anyone but the pass holder and that it is NOT TRANSFERABLE. I also understand that this pass may not be physically altered in any manner. Any misuse of this pass may cause revocation without refund and employment termination, if applicable. Restitution will be demanded, and I will be subject to prosecution pursuant to New Hampshire criminal statute RSA 637:8 ("Theft of Services").
6. I understand that if I do not have my pass with me, I may be required to purchase a lift ticket at full price. If my pass is lost or stolen, I understand that I must report it immediately to McIntyre Ski Area and pay a $10 replacement fee to receive a replacement pass.
7. I understand that any conduct which in McIntyre's opinion violates the terms of "Your Responsibility Code", or which, in McIntyre's opinion, qualifies as misconduct or nuisance on the premises, may result in revocation of this pass without refund.
8. Season duration or frequency of use is NOT GUARANTEED due to WEATHER and SNOW CONDITIONS, and I acknowledge that McIntyre Ski Area may be required to close at any time without notice, due to weather, snow conditions or other circumstances beyond its reasonable control. I further understand that there will be NO REFUNDS for any reason whatsoever, including but not limited to unexpected closures by McIntyre for the foregoing reasons.
9. I hereby grant exclusive permission to RELEASEES’, their respective agents, clients and assigns to use my or my child/children's name(s) and image(s) for the purpose of publicity, or other purposes without restrictions as to frequency or duration.
10. I acknowledge that the applicable laws of the State of New Hampshire govern this agreement. I further agree that any action involving parties or issues relating to or arising out of this Release of Liability Agreement must be instituted and prosecuted in the State or Federal Courts of New Hampshire. This document is a legally binding contract that supersedes any other agreements or representations by or between the parties. It shall be interpreted to provide as broad and inclusive a Release of Liability as is legally possible, but it is not intended to assert any claims or defenses, which are prohibited by law. If any provision of this agreement is determined to be unenforceable, all other provisions shall be given full force and effect.
