WILDWOOD HIGHLANDS WILD
MOUNTAIN SNOW TUBING
ACKNOWLEDGEMENT of RISK and
RELEASE FROM LIABILITY
(Read this Contract Carefully
Before Signing)
(Read this Contract Carefully
Before Snow Tubing)
This is a contract, part of
which gives up rights which you
may have regarding Wildwood
Highlands, or Peddlers Fair Inc. ET AL
1.
I am aware that Wildwood
Highlands is not the only facility for snow tubing. In addition to other snow
tubing facilities, non-organized activities such as sledding are
available.
2.
Snow tubing is a purely
voluntary, hazardous activity, and I am entering into this activity of my own
free will and desire, and I accept all risk and responsibility associated
therewith.
3.
If requested, the employees
of Wildwood Highlands will provide a list of snow tubing facilities in the
general area.
4.
I agree and understand snow
tubing is a hazardous and dangerous activity. I further acknowledge that despite
the use of all care by people involved, serious injury and even death can and
does occur from snow tubing and its related activities. These risks include but
are not limited to:
·
Variations in steepness,
surface conditions, the presence of ice and icy conditions, bare spots, and the
configurations of the chutes, slopes, lift lanes, lift exit areas, run out area,
and run out exit areas.
·
Collisions with fences and/or
barriers at or along portions of the snow tubing area or park, and at the end of
the run out area, the absence of such barriers and/or fences and the inability
of barriers and/or fences to prevent or reduce injury.
·
Collisions in the run out
area and other areas of the snow tubing facility, with such collisions occurring
between snow tubes, between a snow tube and other patrons, between a snow tube
and snow tubing facility attendant, between snow tubing patrons who may or may
not be in or on a snow tube at the time of collision and many other types of
collisions; collisions with fixed objects, snow and ice chunks, manmade and
naturally occurring obstacles or structures located within or outside the snow
tubing facility, snow making and other facility maintenance
equipment.
·
Changes in the speed at which
snow tubers travel depending on surface conditions, the weight of the tuber,
weather conditions, the inter-linking of snow tubes together to go down the snow
tube chutes, and the type of snow tube in use.
·
The chance the patrons can
fall out, be thrown out, or otherwise leave the tube.
·
The chance that a snow tube
can go from one chute to another, regardless of whether or not there is a
barrier between chutes, and the chance a snow tube can go beyond the designated
run out area.
·
The use of the snow
tubing lift/tow, including falling
out of the snow tube, coasting backwards, detaching from the lift, collision
with another tuber who has detached from the lift, becoming entangled with the
equipment and other risks.
5.
AGREEMENT NOT TO SUE
- I agree I will not sue Wildwood
Highlands, its employees, agents or owners, and hereby release the same from any
and all liability of Wildwood Highlands Wild Mountain Snow Tubing, Peddlers Fair
Inc. ET Al, and any related party, and employee of the aforementioned companies
and all other persons, firms, corporations, and other entities, their heirs,
assigns, successors or successors-in-interest, resulting for any reason, or any
cause, to injury to myself or any member of my family, including injuries caused
due to the fault of no one, agents of Wildwood Highlands, Peddlers Fair Inc. ET
AL, related parties and successors, or other patrons.
6.
I further agree to defend,
indemnify and hold harmless Wildwood Highlands, Peddlers Fair Inc. ET AL, and
any employee of the aforementioned companies, their heirs, assigns, successors
and/or successors-in-interest, from any lawsuits, claims or actions arising out
of participating in the sport of snow tubing, which is defined to include
walking to and from the tubing area, ascending and descending the chutes and
lift area, or participating in the sport in any way.
7.
As parent or guardian of a
minor child I agree to waive all claims including those for medical and related
expenses arising out of injuries incurred by said minor.
8.
As parent or guardian of
minor child, I accept responsibility for any and all damage to person or
property resulting from improper conduct by said minor.
9.
Not withstanding the
foregoing, I agree that any lawsuits arising out of participation in the sport
of snow tubing must be brought in Allegheny County,
Pennsylvania.
10. If I do file a lawsuit all
costs incurred by Wildwood Highlands Wild Mountain Snow Tubing, Peddlers Fair
Inc. ET AL, any related party, and any employee of the aforementioned companies,
their heirs, assigns, successors or successors-in-interest, including but not
limited to attorneys fees, costs of investigation and costs of litigation, are
my responsibility, and I will indemnify, hold harmless and reimburse Wildwood
Highlands Wild Mountain Snow Tubing, Peddlers Fair Inc. ET AL, and any related
party, any employee of the aforementioned companies, their heirs, assigns,
successors or successors-in-interest, for same.
11. I understand and agree the
laws of the Commonwealth of Pennsylvania govern this Agreement, and I further
agree if any part of this Agreement is determined to be unenforceable, all other
parts hereof shall remain in full force and effect.
I
understand, and acknowledge and covenant, I have read this Agreement in its
entirety. I further acknowledge I understand same, and have been provided with
an opportunity to have fully explained to me any questions or concerns I may
have regarding this Agreement. If I have not read this Agreement, I shall not
sign same, and I shall not participate in snow tubing activities. I recognize I
am free to not participate in snow tubing, I can reject this agreement on behalf
of my minor child or myself and participate elsewhere or not at all. I
acknowledge I am voluntarily signing below, and I intend to be legally bound
hereby. If I am signing on behalf of a minor child, I represent and warrant that
I am aware I am giving up rights of my minor child and/or spouse to sue, as well
as giving up my own rights to sue.
Signature______________________________________
Date____________________
Signature of Parent or
Guardian (if under 18 yrs.
old)
___________________________________
Users Name________________________________________
Extra Names_____________________________________________________________________________
Telephone________________