1. 1.  I understand that each person participating in the Activity is a “Participant.” I am signing this on my own behalf and, if a Participant is under the age of 18 (US) or 19 (Canada), I am signing as that Participant’s parent or legal guardian.  
2. 2.  I understand that certain recreational activities, including but not limited to, zip lines, resort or vehicle tours, road or mountain biking, e-bikes, bicycle racing or competing, using a bike park, airbag, water sports (including boating, paddleboarding, canoeing, fishing, water parks, and swimming), simulated skiing, tubing, sledding, roller/ice skating, inflatable competition games, mechanical bull riding, climbing/rock walls, ropes/challenge courses, alpine slides, alpine coasters, rebound trampolines, paintball, hiking, sightseeing, slack lines, bounce houses, laser tag, orienteering, disc golf, golf, archery, geocaching, merry-goround, use of golf carts, scooters and other motorized vehicles as well as other recreational activities, whether guided, instructed, self-directed or otherwise, including but not limited to, use of the ski area facilities, walkways, or chairlifts/gondolas for any reason (the “Activities”), CAN BE HAZARDOUS AND PRESENT A RISK OF PHYSICAL INJURY OR DEATH.  
3. 3.  Exposure to COVID-19, disease and sicknesses (“sickness”) is an inherent risk of the Activity.  Every Participant has the responsibility to enjoy a safe and healthy experience.  The resort cannot eliminate the risk that a Participant is exposed while engaged in the Activity.  The Participant agrees it is his or her responsibility to (1) follow all instructions, signage, warnings, and guidelines; (2) stay home if sick or experiencing symptoms of any sickness; (3) if required, wear a face covering and maintain at least 6 feet physical distancing from other guests, including in lift lines; and (4) wash and sanitize hands frequently.
4. 4.  I understand that all Activities carry certain risks, inherent and otherwise, including but not limited to, injury or death caused by: falling or loss of balance; loss of control; high speeds; strenuous activity; equipment failure (including unexpected loss of braking or handling) or improper use; the natural rugged environment; wildlife; limited access to and/or delay of medical attention; inadequate medical attention; and the negligence of the activity operator, instructor, or other participants. In addition, each Activity carries certain unique risks, which include but are not limited to, injuries or death caused by: (a) collisions or entanglements with other people, lifts, ropes/cables, equipment and natural or manmade objects, (b) forest growth/downed timber, rocks, loose gravel, streams, creeks, holes, potholes, debris and other rugged, steep, slippery, or otherwise dangerous terrain, (c) high altitude and extreme weather, (d) open water, capsizing, swimming, drowning, and cold water immersion, (e) vehicle collisions, driver error and rollovers, (f) other natural or constructed features, such as bike park terrain features, bridges, ramps, berms, and bumps, (g) Participant’s health condition, physical exertion, exhaustion, dehydration, hypothermia, altitude sickness, other sickness, or frostbite, and/or (h) misloading, entanglements, or falls from chairlifts/gondolas, and (h) trail configuration, unmaintained or unmarked trails/roads, or trail obstructions. I understand that the description of the risks in this agreement is not complete and voluntarily choose for participant to participate in and EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE ACTIVITY AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS resulting therefrom, whether or not described here, known or unknown, inherent or otherwise.
5. 5.  NOTICE FOR HUNTER MOUNTAIN: When skiing or riding in the State of New York, skiers, snowboarders and ski lift passengers are governed by the New York State Safety in Skiing Code (Article 18 of the NYS General Obligations Law). Before utilizing your pass or affixing a ticket or allowing a ticket to be affixed to your person, your attention is directed to a posted 'Warning to Skiers' which is displayed where lift tickets are purchased. New York law requires you to seek out, read, review and understand the 'Warning to Skiers' sign before you decide to participate in the sport of skiing.
6. 6.  I expressly acknowledge that: (a) Participant has been informed of and understands all rules and regulations of participation in the Activity; (b) Participant is responsible for understanding and complying with all signage, including instructions on use of the lifts; (c) Participant must have the physical dexterity and knowledge to safely load, ride and unload the lifts; (d) equipment and obstacles may be encountered at any time; (e) that falls and collisions occur and that injuries are a common and ordinary occurrence of the Activity; (f) PARTICIPANT HAS THE OPPORTUNITY TO INSPECT THE ACTIVITY COURSES AND VENUES PRIOR TO PARTICIPATING in the Activity; (g) PARTICIPANT ASSUMES THE RISK OF ALL COURSE AND VENUE CONDITIONS. 
7. 7.  I agree to accept any equipment “AS IS” and WITH NO WARRANTIES, express or implied. I agree that the Participant listed on this form will be the only person using the equipment and will not use it until Participant has received and understands instructions on its use and function. 

10. I represent that Participant is in good health and that there are no special problems associated with Participant’s physical or mental condition that might prevent participation in the Activity. I authorize a licensed physician or other medical care provider to carry out any emergency medical care for Participant which may be necessary and agree to be fully responsible for any associated costs. 

11. I agree that any and all claims for loss, injury and/or death arising from the Participant’s participation in the Activity shall be governed by the law of the State or Province where the alleged incident occurred and that exclusive jurisdiction of any such claim shall be in a court of competent jurisdiction in the State or Province where the alleged incident occurred, except that all cases arising out of an alleged incident at (a) Heavenly Mountain shall be governed by California law and the exclusive jurisdiction of any such claim will be a California court of competent jurisdiction; and (b) Hunter Mountain shall be governed by New York law and the exclusive jurisdiction of any such claim will be in the Supreme Court of the State of New York, County of Greene or in the United States District Court for the Northern District of New York.

12. If a minor/child/infant Participant is participating in the Activity, I represent that I am the minor/child/infant Participant’s parent or legal guardian and that I VOLUNTARILY GRANT PERMISSION FOR HIM/HER TO TAKE PART IN THE ACTIVITY. I acknowledge that I am signing this release on behalf of the minor/child/infant and that THEY SHALL BE BOUND BY ALL THE TERMS OF THIS RELEASE. If my child is participating, I also acknowledge that: (a) I have spoken to my child about the Activity; (b) my child understands and appreciates the risks of participating in the Activity; and (c) my child is voluntarily participating in the Activity. By signing this agreement without a parent or guardian’s signature, I represent that I am at least 18 years old (US) or 19 years old (Canada). I AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, arising from any misrepresentations in or fraudulent execution of this agreement.

13. USE OF A HELMET IS STRONGLY RECOMMENDED. I understand that A HELMET IS IN NO WAY A GUARANTEE OF SAFETY and that no helmet can protect the wearer against all foreseeable impacts to the head, and that biking and other activities can expose the user to forces that exceed the limits of protection provided by a helmet. 

14. I understand that this Agreement will apply for each and every day Participant engages in any Activity during the applicable operating season. If any part of this release is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. This release shall be binding upon my and my child’s assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.  

15. By participating in the Activity, I grant the Released Parties the right of publicity to own and use any image collected of Participant while participating in the Activity.