2020-total-archery-challenge-killington-vt-registration-page

TOTAL ARCHERY CHALLENGE - Killington VERMONT - 2020

TOTAL ARCHERY CHALLENGE AND PICO RESORT AND POWDR CORPORATION WAIVER

EXHIBIT A

Participant Waiver

Killington/Pico Ski Resort Partners, LLC

Total Archery Challenge – Pico Mountain

EXPRESS ASSUMPTION OF RISKS AND FORUM SELECTION AGREEMENT - Participant (Please read carefully!)

WARNING: The sports of recreational and competitive walking, running, archery, and participation in Total Archery Challenge (hereinafter “Event”) present many unique challenges heightened by rough, ever-changing walking and running surfaces, which are hazardous, with many inherent risks and resulting injuries or death. The Event environment presents significant challenges that may affect a participant’s ability to safely use archery equipment. Archery equipment is dangerous. Falls and injuries are a common occurrence in all these activities therefore requiring your deliberate and conscious control in relation to ever-changing variables and dangers. Always proceed courteously and walk should conditions warrant. Walking, running, and archery are dangerous sports with inherent risks including the steep, slippery, uneven condition of trails, slopes, roads and parking lots which contain rocks, trees, ledges, soft sand, mud, slippery grass, water bars, pavement, gravel, snow, ice, other on-mountain and off-mountain vehicles, injury caused by archery equipment, riding chairlifts and other manmade objects on the mountain including competition and archery equipment. Your safety is directly affected by your judgment. Walk, run, and use archery equipment only within your own ability. Be alert to continually changing weather, visibility and surface conditions and other inherent risks.

In consideration of being allowed to participate in the Event, I freely and willingly accept and voluntarily assume all risk of property damage, personal injury, or death which occurs at Killington Pico Ski Resort Partners LLC., and which results from my participation in the Event, including recreational and competitive walking, running, and archery activities and the inherent risks of such activities as they are defined herein. I also agree that these risks are both obvious and necessary to these activities. I understand that I will be given the opportunity to inspect the competition venue prior to recreating and competing and have been advised to do so. I further acknowledge that only I know whether I have the skill and ability to recreate and compete safely in the Event. I understand that if I am unsure of my ability to safely perform in any recreational or competitive activity defined herein, I can decline to do so. I hereby accept these risks in order to enjoy the recreational and competitive sports of walking, running, and archery.

I hereby agree to accept all of the risks of the Event such as those listed above as I promise not to sue Killington/Pico Ski Resort Partners LLC. (hereinafter “KPSRP”), and their parents, partners, owners, agents, employees, volunteers and insurers and any private landowners (hereinafter “KPSRP”) for any and all liability for personal injury, including death and property damage resulting from any such inherent risks, as I have agreed they are defined herein. I agree that these inherent risks include, but are not limited to, changing weather conditions; surface and/or subsurface conditions as they may from time to time exist and may change; other conditions including rocks, forest growth and debris, ice and snow, stumps and trees, stream beds and other natural objects and/or collisions with such objects; collisions with manmade structures; collisions with motorized vehicles or equipment, other competitors, spectators, the general public, competition equipment; variations in steepness of terrain or variations in terrain that occur naturally or as the result of slope design; and the failure of others to run, walk, recreate and compete in control; the danger and risk inherent in archery activities, being injured by archery equipment, and the inherent danger of archery equipment. I also agree that in the event that anyone makes any claim against KPSRP as a result of any of my activities on their premises or the use of their facilities, that I will defend, indemnify and hold harmless KPSRP from such claims.

I agree that any claim that I may at any time bring for any reason against KPSRP shall be submitted to the jurisdiction of the State or Federal Court in the State of Vermont, County of Rutland, and in no other jurisdiction and shall be tried under Vermont law. I also agree to pay and reimburse KPSRP any and all attorney fees, costs and expense incurred by KPSRP in responding to or defending any claim or litigation brought by me or on my behalf related to my participation in the Event, or incurred by KPSRP to enforce any terms of the Agreement including my indemnification obligations.

This contract may also be plead as an affirmative defense to any claim that I might make as a result of any damage, injury, and/or death that I may sustain as a result of my participation in and caused by the inherent risks of the Event. I understand that if any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect to the extent permitted by law. I further agree that this contract is binding upon me, my heirs and assigns. Participant ____________________________Signature_____________________________Date_______________ (Participant : Please print name above) (Participant: Please sign name above) (Please enter date above)

EXHIBIT B

Volunteer Waiver Killington/Pico Ski Resort Partners, LLC

Total Archery Challenge – Pico Mountain

EXPRESS ASSUMPTION OF RISKS AND FORUM SELECTION AGREEMENT - Volunteer (Please read carefully!)

WARNING: Volunteering for Total Archery Challenge LLC (hereinafter “Organizer”), while on Killington/Pico Ski Resort partners LLC property is to provide assistance and complete tasks related to the Total Archery Challenge, a competitive running, walking, and archery event (hereinafter “Event”), including set-up, tear down and competition. Riding chairlifts is hazardous. Falls and/or collisions with natural and manmade objects, competitors, spectators and vehicles are common. Archery in a competitive setting presents significant inherent dangers to participants, volunteers, and the general public, including serious injury or death resulting from the use, or misuse, of archery equipment. I attest and verify that I am physically fit and sufficiently trained by the Organizer to participate in all activities required by volunteers of the Organizer. My participation in activities and events organized or sponsored by the Total Archery Challenge LLC is voluntary.

I UNDERSTAND that all activities related to an assignment given to me by a representative of the Organizer are performed with my own agreement. These activities offer benefit to the Organizer, and are not at the direction or authority of Killington/Pico Ski Resort Partners, LLC (hereinafter KPSRP). I UNDERSTAND that the Organizer is solely responsible for producing and putting on the Event, and that any injury sustained while I am engaged in tasks or duties related to the Organizer or assigned to me by a representative of the Organizer or that occurs while I am recreating or competing on my own time is the result of an inherent risk of the Event and/or the Organizer and therefore is not compensable under KPSRP workers' compensation insurance policy since I am not an employee or volunteer of KPSRP.

I further agree that the phrase “inherent risks” means those risks which are listed in this agreement, or those that can reasonably be inferred therefrom. I also agree that these risks are both obvious and necessary to these running, walking, and archery sports activities. I agree that these inherent risks include but are not limited to: activities associated with my volunteering for the Event; changing weather conditions; surface and/or subsurface ground conditions as they may from time to time exist and may change or be affected by weather, competitor, or other participant usage; other conditions including dirt, sand, grass, gravel, rocks, mud, ice, snow, forest growth and debris, stumps and trees, stream beds and other natural objects and/or collisions with such objects; collisions with lift towers, signs, posts, fences or other enclosures, event-related fencing, barriers, event gates, and other competition equipment; risks inherent in archery activities and archery equipment, including being injured by an arrow or other archery equipment; water and/or air pipes or other manmade structures and/or their components such as hydrants used in snowmaking, whether or not these structures are padded or shielded; collisions with well-marked or plainly visible vehicles or equipment; variations in steepness of terrain including but not limited to roads and/or other terrain modifications or variations in terrain that occur naturally or as the result of slope, trail and course design, and weather changes.

Therefore, in consideration of all of the above I agree that I will not make any claim or bring any suit against Killington/Pico Ski Resort Partners, LLC, or any of their parents, partners, officers, directors, shareholders, agents, volunteers, employees and/or insurers [hereinafter collectively “KPSRP”] for any damages, injury or death to myself which results from any such inherent risks as I have agreed they are defined herein or my agreement to volunteer for Total Archery Challenge LLC. I also agree that in the event anyone makes any claim against KPSRP as a result of any of my activities on their premises or the use of their facilities that I will defend, indemnify and hold harmless KPSRP from such claims.

I HEREBY EXPRESSLY AGREE that this agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Vermont and that if any portion hereof is held to be invalid, it is agreed that the balance shall continue to be in full legal effect. Any suit or legal action that I may bring against KPSRP shall be brought only and exclusively in the State or Federal courts of Rutland County, Vermont and in no other jurisdiction, and shall be governed by Vermont law and that the terms of this document in part or in whole shall be admissible in evidence for any subject matter addressed in this Agreement including as a legally binding agreement between myself, my heirs, assigns and KPSRP.

I acknowledge that I have read, agree with, and understand the terms of this legal document and that I am signing it freely and that the terms of this contract state that I expressly assume all risk of damages, injury and/or death resulting in any way from any inherent risks of volunteering for the Organizer in which I may participate at KPSRP. If any portion of this agreement is determined to be unenforceable, then all other parts shall remain in full force and effect.

Volunteer sign your name here___________________________________________________ Date Signed_______________

Volunteer print your name here ____________________________________________________________________________

As a parent/guardian of the minor volunteer, I have the authority to sign this agreement and I hereby indemnify KPSRP for awards and legal expenses, including reasonable attorney's fees and settlements arising out of the minor child’s volunteer participation in the Event including but not limited to all obligations to pay or reimburse KPSRP for all attorney fees, costs or expenses under all terms noted above.

Parent/Guardian sign your name here_____________________________________________ Date Signed_____

WAIVER: I, the undersigned participant (and my parent or guardian if I am younger than 18 years of age), intending to be legally bound, do hereby forever release and waive any and all rights, claims, and actions for damages that we, our heirs, executors, administrators, and assigns may have, or that may hereafter accrue against any and all persons, organizations, and other entities associated with the event, including, but not limited to Stride Events, Total Archery Challenge, sponsors, affiliates, volunteers, TOTAL ARCHERY CHALLENGE - Killington VERMONT, and individual TOTAL ARCHERY CHALLENGE - Killington VERMONT organizers, arising out of or in connection with my involvement before, during, or after the event.

I verify that I am physically fit and sufficiently trained to participate in this event and I assume the risks involved in this activity. I further attest that I will be mindful of hazards around the event, and hold said sponsors and organizers blameless in any harm that may happen.

I consent to the collection and use of my Personal Information as contained in the Privacy Policy. I also give my permission for the free use of my name and/or pictures in telecasts, broadcasts, newspapers, posters, advertising, etc.

I also acknowledge understanding that the charge to my card will show up as Stride Events I acknowledge that the online processing fees and charitable donations are non-refundable. I also acknowledge that any charitable donations will have 4.97% withheld from the donation to pay credit card and administrative costs.

Stride Events and its partner Total Archery Challenge shall not be liable to you for any direct, indirect, special, incidental, consequential or exemplary damages including, but not limited to, loss of profits, goodwill, use, data or other intangible loses. Stride Events and its partner Total Archery Challenge does not guarantee the completeness or accuracy of any information contained in, or provided in conjunction with the http://www.strideevents.com website. Stride Events and its partner Total Archery Challenge is not responsible for any omissions or inaccuracies, or for the results obtained from this information.

Stride Events and its partner Total Archery Challenge facilitates registration for various events, some of which allow participants under the age of thirteen (13). We require a submission of birth date for all registration entries. For children under the age of thirteen (13), parental or guardian consent is required.

You agree that the statutes and laws of the State of Utah, USA, will apply to all matters relating to this Agreement and Waiver. You irrevocably consent that exclusive jurisdiction for any dispute with Stride Events and its partner Total Archery Challenge relating to this Agreement and Waiver resides in the courts of Utah, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Utah in conjunction with any such dispute including any claim involving Stride Events and its partner Total Archery Challenge.





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