SEACOAST ADVENTURE and SEACOAST SNOW PARK
2020-2021 Winter Season
LIABILITY RELEASE, ACKNOWLEDGEMENT OF RISKS and AGREEMENT NOT TO SUE
PLEASE READ CAREFULLY, THIS IS A LEGAL DOCUMENT
ACKNOWLEDGEMENT OF RISKS AND HAZARDS, WARNING AND ASSUMPTION OF RISK
I acknowledge that my use of, or presence on Seacoast adventure equipment, facilities and premises (hereinafter “facilities”), including but not limited to the use of surface lifts, snowtubing and other recreational activities, involve risks which may be HAZARDOUS to riders and other participants. I understand I must keep deliberate and conscious control of my body while properly using my equipment in variable weather and conditions. I further acknowledge and understand that I am accepting “AS IS” the snowtube and any other equipment involved or provided to me in connection with snowtubing, and further acknowledge that NO WARRANTIES are being extended to me with respect to any aspect of the snowtubing facilities or equipment.
I understand my participation in riding or tubing and the use of passenger lifts involve inherent risks which are dangers and conditions that are an integral part of the activity, as well as other known and unknown risks which include, but are not limited to: risks relating to loading, riding and unloading lifts; existing and changing weather conditions; existing and changing snow conditions, such as ice, hardpack, powder, packed powder, slush and granular, corn, crust, cut-up and machine-made snow; surface or subsurface conditions, such as dirt, grass, bare spots, rocks, stumps, trees and other natural objects; collisions with or falls resulting from such natural objects, collisions with or falls from lifts, lights, signs, posts, fences, mazes or enclosures, hydrants, pipes, snowmaking and snow-grooming equipment, trail maintenance vehicles and snowmobiles, and other man-made structures or objects; collisions or falls resulting from such man-made objects, variations in steepness or terrain, whether natural or as a result of slope design, including but not limited to: freestyle terrain, jumps, roads, catwalks or other terrain modifications; snowmaking or snow-grooming operations, the presence of and collisions with other tubers; and the failure of tubers to tube safely, in control or within their own abilities. I AGREE FREELY AND VOLUNTARILY TO ASSUME ALL RISKS, including the risk of personal injury, illness, death or property damage associated with use of the facilities.
LIABILITY RELEASE INDEMNITY AND HOLD HARMLESS AGREEMENT
In consideration of being permitted to use the facilities, I AGREE on behalf of myself, my heirs, my assigns and if applicable, my minor children or wards to RELEASE, INDEMNIFY, HOLD HARMLESS AND DEFEND, Seacoast Adventure, Seacoast Park Inc., and RA Moore Construction Inc, their respective parents, subsidiaries, affiliates and successors, real and personal property owners, agents, assigns, officers, directors, contractors, volunteers, employees and insurers (collectively, the “RELEASEES”) from any and all legal liability for personal injury, illness, death or property damage sustained in connection with my use and, if applicable, my minor children or wards’ use, of the RELEASEES’ facilities, for any reason and under all circumstances. THIS LIAIBILITY RELEASE INCLUDES ANY AND ALL CLAMS BASED ON ALLEGED NEGLIGENCE OR BREACH OF WARRANTY BY THE RELEASEES.
AGREEMENT NOT TO SUE
I AGREE NOT TO SUE THE RELEASEES on my own behalf, and if applicable, on behalf of my minor children or wards, for any claim of personal injury, death or property damage which may occur from my or their use of RELEASEES’ facilities, including any and all claims based on the alleged NEGLIGENCE OF RELEASEES. Should any claim or action be asserted in contravention of this agreement, I or my successor(s) shall be liable for all expenses, INCLUDING LEGAL FEES, incurred by RELEASEES. This Agreement is governed by the laws of the State of Maine, as broadly as permitted by law. I agree that exclusive jurisdiction and venue for legal action shall be in the State of Maine. If any party of this agreement is determined to be unenforceable, all other parts shall still be given full force and effect.
I hereby grant permission to the RELEASEES to use my and/or my child(ren’s) image(s), picture or other likeness(es), whether video, digital or print, for commercial purposes or otherwise, without restriction as to frequency, duration or medium.
As Parent or duly authorized Guardian for the minor applicant(s) named below, I verify that I have authority to enter into this agreement on behalf of the minor child(ren). I have read, understand and agree that the minor child(ren) and anyone acting on their behalf, including me, is bound by the terms of this Liability Release, Acknowledgement of Risks and Hazards and Agreement Not to Sue (hereafter “Agreement”). Furthermore, if any claim or action, including any claim alleging NEGLIGENCE is brought by my minor child or ward, or anyone claiming to act on their behalf, against any RELEASEES, I agree to INDEMNIFY, HOLD HARMLESS AND DEFEND RELEASEES for any and all expenses incurred by RELEASEES in defending and/or satisfying any judgment, including legal fees.
ACKNOWLEDGEMENT I have carefully read this entire Agreement, understand it and agree to its terms it by my signature below. I understand and agree that this document is intended legally to prevent me or any other person claiming through me, from filing suit or making a claim for damages in the event of personal injury, illness, death or property damage. I freely and voluntarily enter into this agreement. I understand that permission to use the facilities is being given to the undersigned participant(s) in exchange for the execution of this Agreement. I have made no misrepresentations to the RELEASEES regarding any information on this application. I acknowledge and agree that this document supersedes any other agreement or representation by or between the parties and that all provisions of this Agreement will be in force and survive throughout and dafter the 2020-2021 winter season.