Okemo Mountain Resort
Please read over the SEASON PASS AGREEMENT - EXPRESS
ASSUMPTION OF RISK and FORUM SELECTION AGREEMENT that you will be
asked to sign when you arrive pick up your Season Pass. Thank
You.
SEASON PASS AGREEMENT - EXPRESS ASSUMPTION OF RISK
and FORUM SELECTION AGREEMENT
1) Winter Sports include Inherent Risks. I,
___________________________, understand and accept that skiing and
other forms of winter mountain sports in which I may participate at
Okemo Mountain are hazardous with many inherent risks and resulting
injuries or death. I acknowledge that my season pass affords me
significant discounted access to winter sports activities at Okemo
Mountain. Therefore in consideration of this, my knowledge and
understanding of these sports and the benefits, terms, and
conditions of my season pass agreement, and being allowed to use
the premises of Okemo Mountain and participate there in winter
sports activities, I freely and willingly accept and voluntarily
assume all risk of property damage, personal injury, or death which
occurs at Okemo Mountain and which results from my participation in
such winter sports activities and the inherent risks of such
activities as they are defined herein, except damages, injury, or
death which may occur while being transported on a ski lift at a
time when I am in full compliance with all rules and regulations
regarding such transportation.
2) Inherent Risks Defined. I further agree that the phrase
"inherent risks" means those risks which are listed in this
agreement, or those that can reasonably be inferred therefrom. I
also agree that these risks are both obvious and necessary to these
winter sports activities. I agree that these inherent risks include
but are not limited to changing weather conditions; surface and/or
subsurface snow conditions as they may from time to time exist and
may change or be affected by weather, skier, or other participant
usage, and whether such conditions are surface or subsurface or
consist of ice, hard pack, powder, packed powder, wind pack, corn,
crust, slush, cut up snow, and/or machine made or machine enhanced
snow or rocks, bare ground or earth; other conditions including
bare spots, rocks, forest growth and debris, stumps and trees,
streambeds and other natural objects and/or collisions with such
objects; collisions with lift towers, signs, posts, fences, or
other enclosures, water and/or air pipes or other manmade
structures, and/or their components such as hydrants used in
snowmaking or for other necessary purposes; collisions with well
marked or plainly visible snow mobiles, snow grooming, and/or other
over snow vehicles or equipment; variations in steepness of terrain
including but not limited to roads and/or other terrain
modifications or variations in terrain that occur naturally or as
the result of slope design, weather changes, snow making and/or
snow grooming operations, or participant usage.
3) I will not sue for inherent risks. Therefore, in
consideration of all of the above I agree that I will not make any
claim nor bring any suit for any damages, injury, or death to
myself which results from any such inherent risks, as I have agreed
they are defined herein. I also agree, that in the event that
anyone makes any claim against Okemo Mountain, Inc. or any of its
officers, directors, shareholders, agents, and/or employees,
arising out of one or more of these inherent risks and as a result
of any of my activity on their premises or the use of their
facilities, that I will indemnify and hold harmless Okemo Mountain,
Inc. from such claims.
4) Forum Selection Agreement.
5) Binding on myself and my heirs; Indemnity. This
contract may also be plead as an affirmative defense to any claim
that I might make as a result of any damage, injury, and/or death
which I may sustain as a result of my participation in winter
sports activities and caused in whole or in part by one or more
inherent risks of winter sports. I further agree that this contract
is binding upon myself, my heirs and assigns. To the extent that I
am signing this document on behalf of any minor I represent and
guarantee that I have full authority to do so realizing the full
binding effect of this contract on them as well as on myself and I
further agree to indemnify and hold harmless Okemo Mountain, Inc.
for any claims brought on behalf of the minor relating to any
damages allegedly sustained by the minor while he/she was using
their pass. I acknowledge that I have read, agree with, and
understand the terms of this SEASON PASS CONTRACT-EXPRESS
ASSUMPTION OF RISKS AND FORUM SELECTION AGREEMENT and that I am
signing it freely and of my own will.
6) Abide by posted rules. I also agree to abide by
the terms of any rules of conduct for sports participants posted at
Okemo Mountain, Inc. or contained in its seasonal trail maps or
brochures.
______________________________________
Signature of Passholder |
_________________
Date |
(If passholder is under 18, signature of parent/legal guardian is
required before skier will be allowed to pick up and/or use the
season pass).
______________________________________
Parent/Legal Guardian's Signature |
_________________
Date |
I further agree that any dispute arising under this contract
and/or from any use by me of any of the premises or facilities at
Okemo Mountain, Inc. shall be litigated exclusively in the Superior
Court of Windsor County, Vermont, or the U.S. District Court for
the District of Vermont.
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Mountain season pass page.