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ACKNOWLEDGMENT OF RISKS & HAZARDS, LIABILITY RELEASE & AGREEMENT NOT TO SUE

Volunteer Release of Liability

I hereby ask to participate as a volunteer at Granite Gorge Mountain Park. I understand that these activities will involve various physical activities and are not in any way required by, or related to a term or condition of employment with the Gorge, its parents, subsidiaries, and/or affiliates. I acknowledge that I am not an employee or contractor and that I am voluntarily participating in these activities, which have certain inherent risks of illness and injury. I KNOWINGLY AND FREELY ASSUME ALL RISKS OF ILLNESS AND INJURY, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (defined below) or others, and assume full responsibility for my participation.

In exchange for being permitted to participate, I, on behalf of myself and my family, heirs, administrators, executors, representatives and assigns, hereby release, discharge and waive any and all claims actions, suits, procedures, costs, expenses, damages, and liabilities (“Claims”) against the Gorge and its affiliates, parents, subsidiaries, and its and their employees, agents, officers, directors, partners, members, owners, family members, consultants and insurers (“Releasees”), relating to or arising out of my participation in these activities, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The released, discharged, and waived Claims include but are not limited to claims for personal injury, accidents, or illnesses (including death), and property loss, as well as attorney’s fees associated with such Claims. Provided, however, that this waiver and release shall not apply to any Claims that by law may not be waived or released or for which any waiver or release is null and void. I also agree not to file or pursue any Claims against Releasees related to my participation in these activities. I further agree to hold harmless, defend and indemnify any Releasees relating to any and all Claims against any of them relating to or arising from my participation in these activities.

I also consent to and authorize the use and reproduction by the Gorge of any and all photographs and electronic images of me taken in connection with my participation in these activities, as well as the publication of my story and/or name. All negatives, positives, videotapes, and other recordings of me participating in these activities shall constitute the property of the Gorge.

I understand and agree that this agreement shall be interpreted and enforced exclusively in accordance with New Hampshire law. If any portion of it shall be held invalid or unenforceable, all other terms and provisions shall remain in effect to the fullest extent permissible by law.

I HAVE READ THIS DOCUMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, INCLUDING MY RIGHT TO SUE. I ACKNOWLEDGE THAT I AM AGREEING TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.



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