McIntyre Ski Area
Summer Operations, Trail and Lift Activities Release of Liability Agreement

PLEASE READ CAREFULLY BEFORE SIGNING
This Agreement Affects Your Legal Rights

As a condition of being permitted access to McIntyre Ski Area, LLC premises and facilities while I visit the ski area, its Chair Lift Rides, Trails for walking/hiking, use its FACILITIES, PARKING, STAIRS, WALKWAYS AND CHAIRLIFTS (hereafter the “ACTIVITIES”), I acknowledge that these ACTIVITIES CAN BE HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY OR DEATH TO THE PARTICIPANT OR OTHERS.

As a condition of being permitted to engage in any of these ACTIVITIES, I agree to the following terms and conditions:

1. EXPRESS ASSUMPTION OF RISK: I UNDERSTAND AND ACCEPT THAT THE ACTIVITIES ARE DANGEROUS and involve risks that cannot be eliminated regardless of the care taken to avoid injuries. These risks include, but are not limited to: loss of control; collisions with other persons, animals; collisions with natural and man-made objects (including, without limitation, trees, rocks, stumps, holes, forest growth, downed timber, debris, fences, posts, padded and non-padded barriers, lift equipment and towers, trail equipment, utility or all-terrain vehicles, rope tows, light poles, signs, buildings, and paved, wooden, gravel and dirt roads and walkways); encountering marked and unmarked terrain features (including, without limitation, jumps, drops, boardwalks,); changes and variation in terrain and slope; changes and variation in weather, surface, and lighting conditions; errors in loading, riding, or unloading a lift (including, without limitation, misloading, being struck by a chairlift, becoming entangled with equipment, and falling from a chairlift); and possible equipment failure and/or malfunction, including of lift equipment. I ACKNOWLEDGE AND ACCEPT that McIntyre Ski Area, LLC has no duty to protect me from the above risks or any other risks of the Activities. I UNDERSTAND AND ACCEPT that such risks may cause SERIOUS INJURY including PERMANENT DISABILITY, OR DEATH, and EXPRESSLY AND VOLUNTARILY ASSUME ALL SUCH RISKS, ACCEPTING FOR MYSELF FULL RESPONSIBILITY for any loss or damage I may sustain thereby.
   
   
2. RELEASE OF LIABILITY: I AGREE TO RELEASE ANY AND ALL CLAIMS against McIntyre Ski Area, LLC, Guest Services Management, McIntyre Ski School, Inc., B&B Holdings, LLC, the City of Manchester, its owners, shareholders, officers, directors, managers, employees, agents, volunteers, successors, and assigns (collectively, McIntyre Ski Area, LLC), for any personal injury, disability, death, or property damage I may sustain while on the premises or facilities of McIntyre Ski Area, LLC or during my participation in the Activities. This includes my release of McIntyre Ski Area, LLC for any of its alleged NEGLIGENT ACTS OR OMMISSIONS.
   
   
3. INDEMNIFICATION: I AGREE TO DEFEND, INDEMNIFY, AND HOLD MCINTYRE SKI AREA, LLC HARMLESS from any and all losses, damages, liabilities, claims, actions, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable attorney fees), incurred by or awarded against McIntyre Ski Area, LLC, arising out or resulting from any claim brought by or on behalf of myself as well as any third-party claim related to my use of McIntyre Ski Area, LLC’s premises and facilities or my participation in the Activities, including but not limited to any claim of my or McIntyre Ski Area, LLC’s NEGLIGENCE.
   
   
4. USE OF MY IMAGE: I AGREE that McIntyre Ski Area, LLC may take my photograph/video (and the photograph/video of any minor on whose behalf I sign below) and use the image(s) in its promotional materials and publicity efforts, including but not limited to billboards, brochures, magazines, website, social media (e.g., Facebook), and any and all other promotional materials related to McIntyre Ski Area, LLC. I understand that this permission for use of such image(s) will not be reimbursed in any form be it cash, goods, or services.
   
   
5. MISCELANEOUS PROVISIONS: If any term or provision of this Agreement is deemed invalid, illegal, or unenforceable, all other parts will be given full force and effect. All matters arising out of or relating to this Agreement or my participation in the Activities will be governed by the laws of the State of New Hampshire, and exclusive jurisdiction thereof will be in the state courts of Hillsborough County, New Hampshire.

PARTICIPANT ACKNOWLEDGMENT AND SIGNATURE

I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP SUBSTNATIAL LEGAL RIGHTS, AND VOLUNTARILY SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.

PARENT OR LEGAL GUARDIAN ACKNOWLEDGMENT AND SIGNATURE
(if Participant is under age 18)

I AM THE PARENT OR LEGAL GAURDIAN OF THE MINOR NAMED ABOVE. I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. BY SIGNING BELOW, I GIVE PERMISSION FOR MY CHILD OR WARD TO PARTICIPATE IN THE ACTIVITES AND ACKNOWLEDGE THAT I AM BOUND INDIVIDUALLY AND ON THEIR BEHALF TO THE RELEASE OF LIABILITY AND INDEMNIFICATION PROVISIONS OF SECTIONS 2 AND 3 ABOVE.