I agree, for myself and/or my child, to RELEASE, forever indemnify, defend, and hold harmless Nashoba Valley Acquisition Corp, Nashoba Hill Corp 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 child or my child’s 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 or my child’s use of the resort and/or Witch’s Woods.
To the fullest extent permitted by law, I further agree, for myself and/or my child, to release and give up any and all claims and rights that I and/or my child may now have against the RELEASEES. This releases all claims, including those of which I and/or my child am not aware and those not mentioned in this release. This release applies to claims resulting from anything which has happened up to now.
For myself and my child, I agree to RELEASE, indemnify, defend, and hold harmless the RELEASEES from any and all loss or damage that I or my child may cause to persons or property while using the resort, witch’s woods or the snow tubing facility. This includes, but is not limited to, any and all claims for personal injury, death and/or property damage that may in any way arise out of use of the ski area, the resort and/or Witch’s Woods.
ACKNOWLEDGEMENT OF RISKS – I acknowledge that attending Witch’s Woods is a hazardous activity with many inherent risks and I should not enter unless I am medically able. By attending and/or participating in Witch’s Woods, I understand that I may suffer serious injuries (both physical and emotional), death, damage to myself, damage to my property, and/or damage to third parties. I expressly assume all risks, inherent and otherwise, of participating and/or attending Witch’s Woods. I acknowledge and understand that some, but not necessarily all of the risks include the following: being scared, riding a tractor driven wagon ride, obstacles or variations in the walking path or parking lot, steepness and configuration of the walking paths, debris and poor footing, lighting and poorly lit areas, vehicles moving, falls, contact with other participants, the effects of the weather, wildlife & insect attacks, communicable diseases and all such risks being known and appreciated by me. I further agree that the phrase “inherent risks” means those risks which are listed above, or those that can reasonably be inferred therefrom. I also agree that these risks are both obvious and necessary to Witch’s Woods. Many Attractions include high intensity scares and utilize strobe lights, which may not be suitable for people with heart conditions or prone to seizures. Witch’s Woods is not recommended for anyone under the age of six (6). Babies, infants, and toddlers are not allowed at the park or in any attraction. Witch’s Woods does not allow anyone, of any age, to be carried through the Park or any of its’ Attractions.
I understand that this agreement shall be binding upon my heirs, executors, administrators, and assigns and shall be governed by the applicable laws of the State of Massachusetts. I also understand that if any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect. I agree that any claims, which I may bring against the Releasees, shall be submitted to the jurisdiction of the Middlesex County and Federal Court for Massachusetts and that no claims against the Releasees shall be brought in any other jurisdiction.
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.
I UNDERSTAND AND ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE OF LIABILITY AND UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT MY acceptance WAIVES ANY RIGHTS I HAVE TO BRING A CLAIM AGAINST OR SUE THE RELEASEES FOR INJURIES OR DAMAGES. I FURTHER UNDERSTAND THAT THIS IS A CONTRACT THAT LIMITS MY LEGAL RIGHTS AND THAT IT IS BINDING UPON ME, MY HEIRS, AND LEGAL REPRESENTATIVES.