Miramar Liability Waiver

Miramar Ski Club, Inc. (the “Club”) is a not-for-profit organization of unpaid volunteer officers and members who maintain a building owned by the Club in Waitsfield, Vermont (the “Lodge”) and organize group travel to facilities and locations that have activities which include but are not limited to downhill and cross-country skiing, snowboarding, bicycle riding, white water rafting, boating, ice skating, and hiking (collectively “Club Activities”). Every Member and Guest (collectively, every “Person”) of the Club is required to sign this waiver (“Waiver”) as a precondition to participating in Club Activities.

Acknowledgment of Risk
I recognize and acknowledge that Club Activities may be inherently dangerous and exceptionally risky and hazardous, and that Club Activities involve numerous individuals, any of whom might cause or create a hazardous condition leading to a Person’s injury. I nevertheless voluntarily assume and accept full responsibility and all risk (both known and unknown) for injury to myself (including injury that leads to my death) and damage or destruction to my personal property while participating in Club Activities.

Release of Liability
I hereby release the Club, the Club’s members, and the Club’s guests, to the maximum extent permitted by law, in regard to any claim or liability for any injury to me arising out of my travel or stay at the Lodge or participation in Club Activities, including that which arises either wholly or in part as a result of the negligent acts or omissions, or other misconduct, of one or more Club officers, members or guests.

I recognize that there may be rules or practices which others might consider necessary or prudent for safe participation in Club Activities which have not been adopted by, or which are not enforced by, the Club or one or more Club officers or members, including those designated as trip leaders or assisting a trip leader. I hereby release the Club, and the Club’s members, in regard to any claim or liability for any injury to me arising out of or by reason of the failure of the Club or any Club member acting in any capacity whatsoever to adopt or to enforce any rule or practice.
I recognize that one or more Club members (or Guests) may negligently omit to give me information, or may give me false or misleading information pertaining to the difficulty of Club Activities or my ability to safely participate in Club Activities. I affirm that I alone am responsible in each instance for determining whether I can safely participate in Club Activities, whether I have sufficient skills and physical conditioning, whether I have sufficient and accurate information upon which to base this decision, and whether any equipment and supplies I might use are sufficient and appropriate for the Club Activities in which I am engaged. I hereby release the Club, the Club’s members, and the Club’s Guests, in record to any claim or liability for any injury to me arising out of or by reason of any such acts or omissions.

COVID-19
By agreeing to this Waiver, I acknowledge the contagious nature of COVID-19, acknowledge the lack of complete medical and scientific knowledge about COVID-19 and its symptoms, and acknowledge that I am fully aware that myself and/or my child(ren) or ward may be at higher risk of contracting COVID-19 and may be exposed or infected by COVID-19 as a result of participating in Club activities, using transportation provided by the Club, interacting with Club members, guests, employees and contractors, or using or occupying any facilities at the Lodge during the COVID-19 pandemic and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I further acknowledge that I understand that the risk of becoming exposed to or infected by COVID-19 due to the above may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Club members, guests, employees, contractors, and others present on Club property or on Club-provided transportation despite the best of actions taken by the Club, its members, its guests, its employees, and its contractors to adhere to policies, guidelines, signage and instructions.
By agreeing to this waiver/disclaimer, I agree that I voluntarily assume all of the foregoing risks and accept sole responsibility for my safety and that of my children or ward while participating in Club activities and that myself and my children or ward will comply with all Miramar policies and rules, including but not limited to all guidelines, signage, and instructions posted at the Miramar facilities or electronically distributed to Miramar members. I further understand that Miramar makes no representations that anyone at Miramar’s facilities will comply with Miramar’s policies and rules or that Miramar will enforce its policies and rules.

Covenant Not to Sue
I hereby agree not to sue the Club, the Club’s members or guests, in regard to any claim or liability for any injury to me arising out of my participation in Club Activities, or for any injury to me arising out of or by reason of the failure of the Club or any Club member acting in any capacity whatsoever to adopt or enforce any rule or practice, or for any injury to me arising out of or by reason of any act or omission by the Club or any Club member.

Indemnification
I hereby agree to indemnify and hold the Club and the Club’s members harmless from and against all claims, penalties and expenses, including reasonable attorney’s fees, arising out of my own acts or omissions in connection with Club Activities. I also hereby agree to indemnify and hold the Club and the Club’s members harmless from and against all claims, penalties, and expenses, including reasonable attorney’s fees, arising out of any claim made by any minor child or mine or any minor child who is introduced to the Club by me. I recognize that minors may not have the capacity to waive rights for claims of negligence or omissions and I take full responsibility for any minor who participates in Club Activities pursuant to my invitation.

Miscellaneous
I agree that in the event any action were to be commenced arising out of or relating to this Waiver or to Club Activities, it shall be governed by New York law, and be brought in the courts of the State of New York, in the County of New York, without regard to where the circumstances giving rise to the claim or cause of action may have occurred.
This waiver shall be binding on my heirs, legal representatives, successors and assigns.

I have read and understand this Waiver. If any portion of this Waiver should be deemed unlawful or unenforceable, it shall not affect the remaining provisions, which shall continue in full force and effect.