Killington/Pico Ski Resort Partners, LLC
Total Archery Challenge – Pico Mountain – August 13-15, 2021
By selecting the “I accept” button, I understand and agree that I am signing this agreement electronically and my electronic signature is the legal equivalent of my manual signature on this agreement under Vermont state law. I understand and agree that the electronic signature appearing on this agreement is the same as my handwritten signature for purposes of validity, enforceability and admissibility.
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)
1. I agree that I am personally responsible for my safety and actions while participating at Total Archery Challenge LLC (TAC). I agree to comply with all TAC policies and rules, including but not limited to all TAC policies, guidelines, signage, and instructions. Because TAC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Total Archery Challenge LLC members, officers, agents, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third-party attending TAC, or otherwise, while participating in any activity while in, on, or around TAC and/or while using any venue facilities, tools, equipment, or materials. 2. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of the TAC and Venue facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.
3. By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in participating in TAC, to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with State law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. This waiver remains in effect until the State lists all COVID-19 related mandates.
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 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.