ACKNOWLEDGMENT OF RISKS & HAZARDS, LIABILITY RELEASE & AGREEMENT NOT TO SUE
As a condition of holding an event at Granite Gorge Mountain Park (the “Park”) and utilizing the premises thereof, Eventholder, agrees to the following conditions and RELEASE OF LIABILITY: Eventholder, inclusive of Eventholder’s attendees at such event (collectively “Eventholder”) agrees that Eventholder is responsible for all activities associated with Eventholder’s utilization of the Park and all individuals associated with Eventholder’s event. Eventholder agrees to comply with all Park policies applicable to Eventholder’s utilization of Park premises and any and all laws associated with such activity. Eventholder shall utilize and maintain the premises in a means and manner that protects the premises from any harm or damage which could be suffered as a result of Eventholder’s associated activities and Eventholder agrees to reimburse the Park for any and all costs and damage suffered to the Premises as a result of Eventholder’s activities, whether or not caused due to the negligence of Eventholder or any attendee of Eventholder. Eventholder understands that all forms of skiing, snowboarding, snowshoeing, associated ski and snowboard lessons, the boarding and riding of lifts and other on mountain and associated activities (“Activities”) involve inherent dangers and risks, including but not limited to: various terrain and snow conditions; ice; bare spots; rocks trees; stumps and other forms of forest related structures; lift towers and the various componentsthereof both above and below the snow;snowmaking and grooming equipment; poles; lines; collisions with other users and other natural and unnatural objects.
Eventholder agrees to assume all risk of injury, death and property damage that may result from participation in Activities at the Park. To the fullest extent of the law Eventholder agrees to HEREBY RELEASE AND FOREVER INDEMNIFY, DEFEND AND HOLD HARMLESS Granite Gorge Partnership LLC, doing business as Granite Gorge Mountain Park and its respective parents, subsidiaries, affiliates, assigns, directors, owners, partners, members, officers, employees, agents, contractors and volunteers, including the extended family members thereof, (collectively the RELEASEES”), from any and all claim, loss, damage or penalty of any kind arising out of holding an event at the Park or the participation in Activities at the Park.
Eventholder agrees to refrain from any misconduct that may lead to reckless behavior while utilizing the Park or performing the Activities and agrees to refrain from any conduct of any type that would cause fear, harm or otherwise detract from the inclusive environment being promoted at the Park (collectively the “Respect Policy”). Park management reserves the right to cancel any event or remove an attendee without refund for violations of this Respect Policy, the Skier’s Responsibility Code which is posted on Park premises or any other Park policies applicable to the Activities.
If applicable, Eventholder agrees to provide a Certificate of Insurance with minimum limits naming the Park as an additional insured as required by the Park. This agreement shall be governed by the Laws of the State of New Hampshire and jurisdiction is submitted to the federal and state courts thereof and none other. If any part of this agreement is deemed unenforceable, all other parts shall be given full force and effect.
By acknowledgment, Eventholder affirms that it has read and understands the above terms and conditions and agrees to all conditions of this RELEASE OF LIABILITY.