ACKNOWLEDGMENT OF RISKS & HAZARDS, LIABILITY RELEASE & AGREEMENT NOT TO SUE
In consideration for my use of the resort or participation in volleyball, I agree, for myself, to RELEASE, forever indemnify, defend, and hold harmless Nashoba Valley Hill Corp. d/b/a Nashoba Valley Ski Area and their owners, officers, directors, volunteers, employees, affiliates, agents and assigns, (collectively as “RELEASEES”) from liability for any and all loss or damage to myself or to my property resulting from the RELEASEES’ NEGLIGENCE or any other cause. I understand that the RELEASEES are not responsible for the consequences of their own NEGLIGENCE, that is, their failure to use reasonable care in any way. I acknowledge that I am freely and expressly assuming and accepting any and all risks of property damage, personal injury and death in connection with my use of the resort or participation in volleyball.
I acknowledge volleyball has inherent and other risks of injury and death. These risks include but are not limited to falls or collisions due to: variations in playing surfaces, mud and muddy conditions, rocks, trees, and other forms of forest growth or debris, guide wires, water covered surfaces including paths, parking lots, walkways, fences and other forms of natural or man-made obstacles, as well as collisions with other volleyball participants or spectators. Conditions vary constantly because of weather changes and use by participants. These are some, but not all, of the risks of volleyball. All of these risks can result in serious and/or fatal injury. I consent to the use by Releasees of any images, pictures (video and print), names and likenesses for commercial purposes, or otherwise, of me or my child, in connection with the activities of Releasees, without restriction as to frequency, duration or medium.
This agreement is governed by the applicable laws for the Commonwealth of Massachusetts. If any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect. In the event that any provision is found to be invalid, the provision shall be revised so that it is enforceable to the greatest extent possible. I agree and understand that any claim or lawsuit against the RELEASEES may be brought in the federal or state courts of Massachusetts only.
I INDIVIDUALLY ACKNOWLEDGE AND AGREE THAT I HAVE READ THE ABOVE RELEASE OF LIABILITY AND THAT BY SIGNING THIS RELEASE I AGREE TO BE BOUND BY ITS TERMS. I HEREBY AGREE TO RELEASE FROM LIABILITY, FOREVER DISCHARGE, INDEMNIFY AND HOLD HARMLESS RELEASEES FOR ANY CLAIM OR SUIT ARISING OUT OF THE USE OF THE RESORT OR PARTICIPATION IN VOLLEYBALL.