ACKNOWLEDGMENT OF RISKS & HAZARDS, LIABILITY RELEASE & AGREEMENT NOT TO SUE
As a condition of UPHILL TRAVEL at Granite Gorge Mountain Park (the "Park") and utilizing the premises thereof, UPHILL TRAVELER, agrees to the following conditions and RELEASE OF LIABILITY:
UPHILL TRAVELER agrees that UPHILL TRAVELER is responsible for all activities associated with UPHILL TRAVELER's utilization of the Park. UPHILL TRAVELER agrees to comply with all Park policies applicable to UPHILL TRAVELER's utilization of Park premises and any and all laws and rules associated with such activity. UPHILL TRAVELER understands that all forms of skiing, uphill travel, 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 components thereof both above and below the snow; snow making and grooming equipment; poles; lines; collisions with other users and other natural and unnatural objects. UPHILL TRAVELER further acknowledges that alpine UPHILL TRAVEL poses additional risks inherent and associated with such activity.
UPHILL TRAVELER 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 UPHILL TRAVELER 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 participation in Activities at the Park.
UPHILL TRAVELER agrees to follow authorized uphill access routes while utilizing the Park, 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 any UPHILL TRAVELER 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.
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, UPHILL TRAVELER affirms that UPHILL TRAVELER has read and understands the above terms and conditions and agrees to all conditions of this RELEASE OF LIABILITY.