Liability Release, Indemnification and Forum Selection Agreement

WARNING:  All forms of alpine activities such as skiing and snowboarding, including the use of passenger lifts, are hazardous. Falls and injuries are a common occurrence therefore requiring the deliberate and conscious control of your body through proper use of alpine equipment in relation to ever-changing variables and dangers. Safety is directly affected by your judgment in the severe elements of rough, high, mountain and forest terrain. Participate in alpine activities only within your ability level. 

INHERENT RISKS:  Be alert to continually changing weather, visibility and surface conditions, and other inherent risks including but not limited to existing and changing snow conditions, such as ice, hard pack, powder, packed powder, slush, granular, corn, crust, cut-up and machine-made snow; surface or subsurface conditions such as dirt, grass, bare spots, forest growth, rocks, stumps, trees and other natural objects and collisions with or falls resulting from such natural objects; lift towers and components thereof, lights, signs, posts, fences, rope lines, mazes or enclosures, hydrants, water or air pipes (all the foregoing whether above or below the snow surface); snowmaking, snow grooming, and lift maintenance operations and equipment; maintenance vehicles, grooming vehicles, snowmobiles, and other vehicles; and other man-made structures or objects and their components, and collisions with or falls resulting from such man-made objects; variations in steepness of terrain, whether natural or as a result of slope design; variations in terrain including but not limited to ski jumps, roads, catwalks, or other man-made or natural terrain modifications and features; variations in terrain such as those found in terrain parks including but not limited to jumps, boxes, rails, half-pipes, and other freestyle features; the presence of and collision with others; and the failure of others to participate in alpine activities safely, in control, or within their own ability. I voluntarily assume all of these and any related risks.

As a condition of being permitted to use the ski area’s premises as a snow sport participant, I hereby release from all liability Whaleback Mountain, its owners, officers, directors, affiliates, employees, volunteers, agents and assigns (hereinafter the “RELEASEES”), as I freely and voluntarily accept all risks of injury, death or property damage occurring thereon.  I accept for myself the full responsibility for any and all such damage or injury of any kind that may result.  I understand that by doing so, I AM RELEASING THE RELEASEES FROM ANY LEGAL LIABILITY INCLUDING THEIR LIABILITY FOR THEIR OWN NEGLIGENCE, THAT IS, THEIR FAILURE TO USE REASONABLE CARE IN ANY WAY.  I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY WAIVE, RELEASE, INDEMNIFY, AND HOLD HARMLESS each of the Releasees, from any and all claims, demands, costs, expenses, losses, or liability arising out of or related to any property damage, INJURY, DISABILITY OR DEATH or loss of any kind that I may suffer (the “Losses”), WHETHER ARISING FROM THE ACTIONS OR INACTION (INCLUDING NEGLIGENT ACTIONS OR INACTIONS) OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.  In this regard, the undersigned hereby agrees to hold Releasees harmless and indemnify and defend same against any and all claims, liabilities, damages, liens, and expenses (including, without limitation, reasonable attorney’s fees) arising directly or indirectly from any such occurrences.

FORUM SELECTION:  I further agree that any claim that I may at any time bring for any reason against the Releasees, shall be submitted to the jurisdiction of the State or Federal Court of New Hampshire and no other jurisdiction and shall be governed by the laws of New Hampshire.

I agree that if any portion of this agreement is determined to be unenforceable by a court of law all other parts shall remain in full force and effect and that the above provisions shall be binding upon my heirs. 

I agree (1) to visibly display the season pass/lift ticket when boarding lifts; (2) to present the season pass/lift ticket to any authorized representative or management upon request; and (3) to refrain from misconduct or reckless skiing or riding, acknowledging that the season pass/lift ticket may be revoked without refund. 

The Season Pass is valid through the end of the 2023-24 ski season.  Season passes are Non-Refundable; however, in the event that a medical reason arises preventing the pass or ticket holder from using their pass for the remainder of the season or the day, credits towards the following season or next visit will be assigned at the discretion of Whaleback Mountain.

I have read this release of liability and assumption of risk agreement, fully understand its terms, understand that I have given up substantial rights by signing it, and accept freely and voluntarily without any inducement.

PARENTS AND MINORS:  As a parent/guardian with legal responsibility of the minor passholder named below, I represent that I am authorized to enter into this agreement for the minor child. I consent that my child may ride all aerial and surface lifts by themselves. I consent and agree that I, for myself, and for the said minor pass-holder will be bound by this Liability Release, Indemnification and Forum Selection Agreement and I hereby indemnify the Ski Areas for any judgment, legal expenses and settlements, including attorney fees, arising out my child’s participation or presence at the Ski Area, including those resulting from alleged NEGLIGENCE OF THE RELEASES in the operation, maintenance or design of the Ski Area and any other conditions of the Ski Area’s premises.