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ALL PASSES ARE NON-TRANSFERABLE AND NON-REFUNDABLE
The undersigned, being at least 18 years old or, that if he/she is younger than
18 years of age, is accompanied by a parent or guardian (hereinafter referred
to collectively as "I"), attest who has read, understand, and signed the
following release .
I agree and understand that skiing and snowboarding
are HAZARDOUS activities (hereinafter "Activities").
Further, I recognize that there are risks, including
but not limited to, slope conditions, changes in slope
conditions, other participants and onlookers, snowmaking
equipment, grooming equipment, trees, rocks and other
obstructions either natural or man-made, on or off
the trail, above or below the surface. I recognize
that injuries are a common and ordinary occurrence
of the Activities. I hereby agree to freely and expressly
ASSUME and accept ANY and ALL RISKS OF INJURY OR DEATH
to the Participant while participating in the Activities.
Further, the participant voluntarily elects to participate
in the Activities.
I hereby assume all risks which may be associated with and/or result from my
involvement in such Activities and hereby hold harmless, release, indemnify and
defend Bear Creek Ski and Recreation Area, Bear Creek Management Co. LLC, and
Bear Creek Real Estate Co., LLC, its subsidiaries and affiliates, their
respective officers, directors, agents, servants and employees (hereinafter
"Bear Creek"), of and from any liability, claims, demands, actions and causes
of action whatsoever arising out of or related to any loss, damage or injury,
including death, that may be sustained by me while participating in the
Activities, including but not limited to, those injuries and damages caused by
negligence and/or breach of warranty, express or implied, on the part of Bear
Creek.
By execution of this release, Bear Creek shall be indemnified for any injury to
other person(s) or property which I may cause as a result of engaging in these
Activities.
I contractually agree that any and all disputes between myself and Bear Creek
arising from my participation in the Activities and including any claims for
personal injury and/or death, will be governed by the laws of the State of
Pennsylvania and exclusive jurisdiction thereof will be in the state court
residing in Berks County where the alleged tort occurred or the federal courts
of the State of Pennsylvania.
In the event any section of this Release is found to be unenforceable, the
remaining terms shall be fully enforceable.
This release shall be binding to the fullest extent permitted by law.
This Release shall be binding upon assignees, subrogors, distributes, heirs,
next of kin, executors, personal representatives, and administrators and may be
pled by Bear Creek as a complete bar and defense against any claims, demand,
action or causes of action by or on behalf of the Participant.
I have carefully read the foregoing liability release, understood its contents
and sign it with full knowledge of its significances.
I understand that this pass is non-transferable and is not valid for snow
tubing. I also understand that there are no refunds on this pass for whatever
reason and if I lose this pass or it is stolen I will have to pay a $25
replacement fee.
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