ALL PASSES ARE NON-TRANSFERABLE AND NON-REFUNDABLE
The undersigned, being at least 18 years old or, that if he/she is younger than 18 years of age, is accompanied by a parent or guardian (hereinafter referred to collectively as "I"), attest who has read, understand, and signed the following release .
I agree and understand that skiing and snowboarding are HAZARDOUS activities (hereinafter "Activities"). Further, I recognize that there are risks, including but not limited to, slope conditions, changes in slope conditions, other participants and onlookers, snowmaking equipment, grooming equipment, trees, rocks and other obstructions either natural or man-made, on or off the trail, above or below the surface. I recognize that injuries are a common and ordinary occurrence of the Activities. I hereby agree to freely and expressly ASSUME and accept ANY and ALL RISKS OF INJURY OR DEATH to the Participant while participating in the Activities. Further, the participant voluntarily elects to participate in the Activities.
I hereby assume all risks which may be associated with and/or result from my involvement in such Activities and hereby hold harmless, release, indemnify and defend Bear Creek Ski and Recreation Area, Bear Creek Management Co. LLC, and Bear Creek Real Estate Co., LLC, its subsidiaries and affiliates, their respective officers, directors, agents, servants and employees (hereinafter "Bear Creek"), of and from any liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury, including death, that may be sustained by me while participating in the Activities, including but not limited to, those injuries and damages caused by negligence and/or breach of warranty, express or implied, on the part of Bear Creek.
By execution of this release, Bear Creek shall be indemnified for any injury to other person(s) or property which I may cause as a result of engaging in these Activities.
I contractually agree that any and all disputes between myself and Bear Creek arising from my participation in the Activities and including any claims for personal injury and/or death, will be governed by the laws of the State of Pennsylvania and exclusive jurisdiction thereof will be in the state court residing in Berks County where the alleged tort occurred or the federal courts of the State of Pennsylvania.
In the event any section of this Release is found to be unenforceable, the remaining terms shall be fully enforceable.
This release shall be binding to the fullest extent permitted by law.
This Release shall be binding upon assignees, subrogors, distributes, heirs, next of kin, executors, personal representatives, and administrators and may be pled by Bear Creek as a complete bar and defense against any claims, demand, action or causes of action by or on behalf of the Participant.
I have carefully read the foregoing liability release, understood its contents and sign it with full knowledge of its significances.
I understand that this pass is non-transferable and is not valid for snow tubing. I also understand that there are no refunds on this pass for whatever reason and if I lose this pass or it is stolen I will have to pay a $25 replacement fee.