PLEASE READ THE FOLLOWING WARNINGS AND TERMS OF USE AS YOUR SIGNATURE CREATES A BINDING AGREEMENT THIS AGREEMENT is made between BIG SNOW LLC D/B/A BIG SNOW AMERICAN DREAM, their representatives, agents, officers, directors, servants, subsidiaries, affiliates and employees (collectively referred to as "BIG SNOW"), and the undersigned (referred to as "I"). BIG SNOW AND I agree as follows:
1. I understand that the use of the ski area and the issuance of this Pass is subject to the posted signage, warnings, the Skiers' Responsibility Code, posted around the area and/or on our website and the New Jersey Ski Statute, NJSA 5:13-1 et seq . The term “Pass” as used in this agreement includes, but is not limited to the following: “Lift Ticket”, “Season Pass”, “Multi-Trip” Card”, “Pass”, “Card”, and/or “Employee ID.”
2. I understand and agree that I will report any injury to myself, or collision with another skier, a piece of equipment or a stationary object to Big Snow's Ski Patrol immediately. I understand that I must report in writing to Big Snow all the details of any accident as soon as possible, but in no event longer than 90 days from the time of the incident per NJSA . 5:13-7.
3. WARNINGS RELATED TO SKI OPERATION. I AGREE TO MAINTAIN A SAFE DISTANCE AT ALL TIMES AWAY FROM OTHER SKIERS and/or PATRONS, EQUIPMENT and Fencing. I understand that reflectors, fencing, and padding are primarily used throughout the area as visual warnings, and I recognize that serious injury or death can result from both low and high energy impacts or Contact with fences, OTHER SKIERS, equipment, machines and PADDING. I agree to maintain control of my speed, course, and direction at all times. I understand that prior to use of the chairlift that I will read and follow all warnings. I understand that the chairlift will transport me TO THE TOP OF THE TRAIL AND THAT I MUST THEN SKI DOWN TO THE BOTTOM. There are no other means of descending the hill.
I acknowledge that Big Snow is an Alpine Environment; ice, snow and irregular conditions may exist at any time on any surface, including shopping areas, paths and walkways surrounding the ski area.
4. HELMET DISCLAIMER. New Jersey law at NJSA . 5:13-12 states that persons under eighteen years of age engaged in the activity of downhill skiing or operation of snowboards or ski bikes, including the use of ski tows, lifts and tramways, shall wear a securely-fitted protective helmet; specifically, one which was designed to be used while engaged in the activity of recreational downhill skiing. The Parent, legal guardian or adult acting in a supervising position of a person under 18 years of age shall ensure that the person wears a securely-fitted protective helmet. I acknowledge that a helmet designed for RECREATIONAL SNOW SPORTS use may help reduce the risk of some types of injuries to the user at slower speeds, but I recognize that serious injury or death can result from both low and high energy impacts, even when a helmet is worn. BIG SNOW RECOMMENDS WEARING HELMETS FOR SKIING, SNOWBOARDING AND SKI BIKING. Skiers, snowboarders and ski bikers are encouraged to educate themselves on the benefits and limitations of helmet usage. The primary safety consideration and obligation under Your Responsibility Code is to ski and ride in a controlled and responsible manner .
5. SKI
LIFTS WITHOUT AN INSTRUCTOR OR OTHER ADULT PRESENT. Trail conditions vary constantly because of skier use and even the best equipment and instruction cannot prevent injury.
PARTICIPATION IN SNOW SCHOOL SHALL NOT IN ANY WAY ELIMINATE THE INHERENT RISKS IN SNOW SKIING, SNOWBOARDING, SKI BIKING OR RIDING SKILIFTS.
6. RENTAL WARNINGS. If renting ski, snowboard or snow bike equipment through Big Snow, I understand that ski binding settings are set based on a skier's age, height, weight and skier type and ski bikes are rented based on a rider's height. I have accurately represented the information entered to complete this order and confirm it is true and correct. I agree to verify that the equipment's binding settings appearing in the visual indicator windows of the equipment match those reviewed with me by a Big Snow Technician. I understand that the binding system cannot guarantee the user's safety. In downhill skiing the binding system will not release at all times or under all circumstances where release may prevent injury or death, nor is it possible to predict every situation in which it will release. I understand that any adjustment of the binding must be performed by the rental shop personnel only. I accept, AS IS, the equipment assigned to me, and accept full financial responsibility for the care of the equipment while it is in my possession. I agree to return all rental equipment by the agreed date. I will be responsible for the replacement at full value on my equipment rented under this agreement that has not been returned to Big Snow.
7. ON BEHALF OF MINORS. I have signed this agreement on behalf of the minor listed. I represent to Big Snow that I have the authority to enter into this contract on behalf of said MINOR and on behalf of any other parent or guardian of said MINOR . To the fullest extent permitted by law, I agree to DEFEND, INDEMNIFY AND HOLD HARMLESS BIG SNOW from any and all claims, suits, costs and expenses including attorneys' fees for personal injury, death or property damage from and/or on behalf of said minor, even after the minor has attained majority, and/or claims from injured third parties arising out of or resulting from said minor's conduct or related to the use of the ski area premises including the related facilities. This promise to indemnify and defend Big Snow is made even if the claim, suit, cost and expenses including attorneys' fees are alleged to have resulted from Big Snow's negligence in whole or in part.
8. RELEase, INDEMNITY AND ASSUMPTION OF RISKS OF SPORT. I understand and EXPRESSLY AGREE that skiing, snowboarding, ski biking and/or sledding in its various forms is an inherently hazardous sport that has many dangers and risks. I realize that injuries are a common and ordinary occurrence of this sport. As a condition of being permitted to use any and all of the facilities of the ski area, I FULLY RELEASE BIG SNOW AND AGREE TO EXPRESSLY ASSUME ALL RISKS of personal injury, death or loss or damage to any of my property. I release BIG SNOW from any and all claims related to (1) the inherent risks of the sport; (2) abrupt changes in conditions; (3) hazards normally associated with the varying conditions of snow or undercover, including skier use; and (4) the location of man-made facilities and equipment necessary for the ordinary operation of the ski area, such as transportation or grooming vehicles, towers, fencing of any type, or any other object or piece of utilized equipment in connection with the maintenance of trails, buildings or other facilities used in connection with skiing, snowboarding, snow biking or snowmaking. I EXPRESSLY AGREE , as a condition of being allowed to use the ski area facility and premises, that I do freely accept and voluntarily assume ALL RISKS of personal injury or death or property damage, and
FULLY RELEASE BIG SNOW to the greatest extent permitted by law FROM ANY AND ALL LIABILITY for personal injury, death or property damage arising out of or resulting from my participation in this sport; and/or from my use of the ski area premises including the related facilities. I further release and give up any and all claims and rights that I may NOW have against BIG SNOW. This releases all claims, including those of which I am not aware and those not mentioned in this Release. This Release applies to claims resulting from anything which has happened up to now. I acknowledge the contagious nature of the SARS-CoV-2 virus (“COVID-19”) and voluntarily assume the risk that I, on behalf of myself, and, if applicable, any minor in my care, may be exposed to or infected by the COVID-19 by my presence at or participation in activities at Big Snow and that such exposure or infection may result in personal injury, illness, permanent disability, and death. if applicable, any minor person in my care, may be exposed to the novel coronavirus or persons with the COVID-19 disease as a result from a failure to comply with such practices.
9. INDEMNIFICATION. To the fullest extent permitted by law, I agree to DEFEND, INDEMNIFY AND HOLD HARMLESS Big Snow from any and all claims, complaints or lawsuits filed against Big Snow by me, by third parties or by the minor or other person on whose behalf I signed this agreement seeking bodily injury or property damages resulting from or arising out of my conduct at Big Snow's premises, resulting from or arising out of the conduct of the minor or other person on whose behalf I signed this agreement at Big Snow's premises or resulting or arising out of BIG SNOW'S OWN NEGLIGENCE (hereinafter referred to as "claims"). I agree that I will pay Big Snow its attorneys' fees and costs incurred in defending itself against such claims.
10. CHOICE OF VENUE-MORRIS COUNTY. I AGREE that any and all disputes between myself and Big Snow arising from my participation in the sport of skiing shall be GOVERNED BY THE LAWS OF THE STATE OF NEW JERSEY and the EXCLUSIVE JURISDICTION thereof will be in the state or federal courts of the STATE OF NEW JERSEY and venue in the state Court shall be MORRIS County, New Jersey .
11. PHOTO RELEASE. By accepting and using this pass I authorize Big Snow to record and reproduce my image and/or performance for the use in company promotional materials including commercials, travel videos, brochures and any other related materials. Additionally, I agree that Big Snow shall have the right to distribute the promotional materials to any and all television, video outlets, publishers and/or printers in the universe, and that Big Snow shall be the sole owner of any/all such materials.
I HAVE READ AND UNDERSTAND the terms of the above FULL RELEASE FROM LIABILITY AND INDEMNITY AGREEMENT . I am accepting the terms freely and of my own accord, realizing IT IS BINDING upon myself, my heirs and assigns, and in the event that I am signing it on behalf of any minors, that I have full authority to do so, realizing its BINDING EFFECT on them as well as myself. I understand that by accepting this agreement electronically, it is the legal equivalent to a manual/handwritten signature and is as valid as if I signed my signature.
If any part of this agreement is deemed unenforceable, the remainder shall be an enforceable contract between the parties . I AM AWARE THAT THIS CONTRACT IS LEGALLY BINDING AND THAT I AM RELEASING LEGAL RIGHTS BY SIGNING IT.
