Release of Liability and Indemnification Agreement
I wish to participate in the East Coast Lady Boarder (hereinafter collectively referred to as "the ECLB") trip to Mont-Tremblant in Quebec, Canada. By making a complete payment for the trip on the website (www.eastcoastladyboarders.com) or through the group leader, in accordance with instructions and deadlines, you, as the Participant (the “Participant”), hereby accept the following Terms and Conditions and agree to be bound by them. These terms and conditions contain our legal obligations to you and explain important obligations you are making. In consideration for the right to participate in this ECLB trip, I acknowledge and agree as follows:
1. I am aware that the ECLB is a social, recreational / snowboarding and adventure club. I acknowledge that participation in an ECLB trip is entirely voluntary and unrelated to my or any relative's employment or job duties. The term "ECLB trip activities" means any activity organized or conducted by the ECLB or for which the ECLB is otherwise responsible, including any transportation for which ECLB members are responsible. The term "the Ski Area"; as used herein means any person or entity that owns, operates or permits the ECLB to use a winter sports area or skiing related facilities for ECLB activities. This includes but not limited to, ski areas throughout the United States, Canada and the U.S. Government or any of (their/its) employees, agents contractors, subsidiaries, officers.
2. I acknowledge that the ECLB does not own or operate any entity which is to or does provide goods or services for the trip including, for example, ownership or control over lodging facilities, airline, transportation companies, spa excursions, local ground operators, resort operators, providers or organizers of optional excursions or equipment used thereon, food service or entertainment providers, etc... All such persons and entities are independent contractors. As a result, the ECLB is not liable for any negligent or willful act or failure to act of any such person or entity, or of any other third party. All bookings are accepted subject to the conditions, including cancellation terms, imposed by Third Parties, including, but not limited to, the airline, Airbnb host, spa, restaurants, insurance and other companies, firms or persons concerned with the trip. The ECLB are hereby released from all claims arising out of such events, acts, or omissions, including claims for personal injury, damage, loss, accident, or irregularity. The Participant releases and forever hold harmless the ELCB and its owner from any and all claims, losses, damages, causes of action, suits and liability of every kind, for any property damage, personal injuries, death or financial losses associated with the trip.
3. I am aware that skiing and/or snowboarding is a hazardous sport and that the ECLB activities involve risks and dangers, including the risk of serious injury or death. I certify that I am aware of and accept full responsibility for all of the risks involved in ECLB activities, including but not limited to the risks inherent in skiing and/or snowboarding and in the ski area/mountain environment, whether caused by weather conditions, snow or terrain conditions, the forces of nature, the hazards of travel or transportation to and from mountainous areas, inexperience, the actions or negligence of ECLB members or participants, or any other persons, or accidents or illness in remote areas without medical facilities.
4. I accept my responsibility to ski and/or snowboard safely at all times, to abide by the Skier Responsibility Code, to obey all posted behavior notices and any other ski area rules and policies and to adhere to any rules, policies and instructions provided by the ECLB. I acknowledge that I am responsible for any equipment that I use while skiing and/or snowboarding and accept full responsibility for the condition of such equipment and any risks or dangers caused by such equipment.
5. I acknowledge that additional risks and dangers may arise including, but not limited to, hazards by train, automobile, motor coach, aircraft and other means of conveyance, forces of nature, political unrest, other unrest, and acts of national and local governments. These risks are not an exhaustive list but are examples of many kinds of risks. You are voluntarily participating in these activities with the knowledge that there are significant dangers involved, and you hereby agree to accept any and all risks. As lawful consideration for the agreement with the ECLB to participate in such trips and activities, you agree to not make a claim against the ECLB, its personnel or sue for bodily injury, emotional trauma, death, property loss or damage or other loss, cost or expense, however caused, as a result of or related to your contracting for, traveling to or from, or in any and every other way participating in the trip. You release the ECLB, its related companies, and its personnel from any and all claims, known or unknown, arising from contracting for, traveling to or from, and in any and every way participating in a trip. This release of liability and assumption of risk agreement is entered into on behalf of you and all members of your family and party, also including minors. This agreement also binds your heirs and legal representatives.
6. I AGREE TO RELEASE, FOREVER DISCHARGE, DEFEND, INDEMNIFY, AND HOLD HARMLESS EAST COAST LADY BOARDERS, LLC OR ANY OWNERS, OFFICERS, AGENTS, OR SUBSIDIARIES, INCLUDING BUT NOT LIMITED TO SKI MOUNTAINS THROUGHOUT THE UNITED STATES / CANADA AND THE US GOVERNMENT OR ANY OF (THEIR/ITS) EMPLOYEES, AGENTS CONTRACTORS, SIBSIDIARIES, OFFICERS (“RELEASED PARTIES’) DIRECTORS, OWNERS, CONTRACTORS, VOLUNTEERS, EMPLOYEES, INSURERS, AND REAL AND PERSONAL PROPERTY OWNERS, AS WELL AS EQUIPMENT MANUFACTURERS AND DISTRIBUTORS, AND ALL EVENT SPONSORS (HEREINAFTER “RELEASEES”) OF AND FROM ANY AND ALL LIABILITY, CLAIMS, LIENS, DEMANDS, ACTIONS AND CAUSES OF ACTION WHATSOEVER ARISING OUT OF OR RELATED TO ANY LOSS, COST, DAMAGE OR INJURY, INCLUDING DEATH, OF ANY PERSON OR DAMAGE TO PROPERTY OF ANY KIND RELATED IN ANY WAY TO THE PROGRAM’S OPERATIONS OR THE ERRORS OR OMISSIONS OF THE PROGRAM, ITS AGENTS, SUBCONTRACTORS, VOLUNTEERS, OR ANY OTHER PERSON DIRECTLY OR INDIRECTLY EMPLOYED BY THEM, OR ANY OF THEM, WHILE ENGAGED IN ANY ACTIVITY ASSOCIATED WITH THIS AGREEMENT, WHETHER CONTRACTUALLY OR OTHERWISE.
7. I ACKNOWLEDGE THAT THE RELEASE AND INDEMNITY PROVISIONS IN PARAGRAPHS 5 AND 6 APPLY TO ALL CLAIMS FOR INJURY OR DAMAGE RESULTING FROM ANY CAUSE, INCLUDING THE NEGLIGENCE OF ANY PARTY RELEASED HEREIN. I FURTHER ACKNOWLEDGE THAT THIS AGREEMENT SHALL BE BINDING ON ALL FAMILY MEMBERS , INCLUDING MINORS, GUARDIANS, HEIRS AND ANY EXECUTOR OR PERSONAL REPRESENTATIVE.
8. I hereby grant permission to the Releasees to use my image(s), picture or other likeness(es), (collectively, “image”), whether video, digital or print, for commercial purposes or otherwise, without restriction as to frequency, duration or medium.
9. I agree that this Agreement should be enforced to the full extent permitted by law. If any section or part of this Agreement is held not to be enforceable under the applicable law, the remainder of the Agreement shall be enforced. The release and indemnification provisions of this Agreement do not apply to reckless or intentional acts unless permitted by the applicable law.
10. I am signing this Agreement as an adult participant, I state that I am 18 years of age or older and legally competent to sign this Release of Liability and Indemnification Agreement. I understand that these terms are contractual and not a mere recital. I have signed this document of my own free act. I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS RELEASE AND INDEMNITY BY READING IT BEFORE I ACCEPT IT.