High Fives Foundation | Vermont Green Mountain Shred

RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

This Release of Liability, Assumption of Risk, and Indemnity Agreement ("Agreement") is entered into by the undersigned participant ("Participant") in favor of High Fives Foundation, a nonprofit organization, and Sugarbush Resort - Mt. Ellen, including their respective owners, officers, directors, employees, board members, agents, volunteers, sponsors, contractors, and affiliates (collectively, the "Released Parties").

Participant understand and acknowledges that participation in the Vermont Green Mountain Shred includes, but is not limited to, skiing, snowboarding, alpine travel, on-mountain activities, event activations, and related acivities conducted on resort premises and surrounding areas.

Participant acknowledges that these activities involve inherent and significant risks, including but not limited to:
  • Falls, collisions with other participants, skiers, snowboarders, spectators, or objects.
  • Variable snow conditions, including ice, powder, hardpack, moguls, ruts, and changing terrain.
  • Natural and man-made obstacles such as trees, rocks, lift towers, snowmaking equipment, fencing, signage, and terrain features.
  • Chairlift and surface lift loading, unloading, and operation.
  • Weather conditions including cold temperatures, wind, snow, reduced visibility, and lightning.
  • Equipment failure or malfunction (including skis, snowboards, bindings, boots, and helmets).
  • Fatigue, overexertion, dehydration, altitude-related illness.
  • Negligence or actions of other participants, spectators, volunteers, or event staff.
  • Active or passive negligence of the Released Parties, including negligent instruction, supervision, course design, or event management.
Participant Acknowledges that helmets are required for this event and understands that wearing a helmet does not eliminate the risk of serious injury, concussion, paralysis, or death.

Participant further understand that participation in High Fives Foundation events may increase exposure to communicable diseases, including but not limited to COVID-19, influenza, and other viral or bacterial illnesses, and voluntarily assumes all such risks.

Participant voluntarily elects to participate with full knowledge of teh dangers involved and assumes all known and unknown risks, whether foreseeable or unforeseeable, to the fullest extent permitted by law.

Participant hereby releases, waives, discharges, and covenants not to sue the Released Parties from any and all liability, claims, demands, actions, or causes of action arising out of or related to participation in the Vermont Green Mountain Shred, including but not limited to personal injury, illness, death, or property damage, whether occurring on or off resort premises.

This release includes claims arising from the active or passive negligence of the Released Parties and applies to Particpant's heirs, guardians, successors, assigns, representatives, children, and next of kin.

Particpant agrees that the Released Parties shall not be responsible for any loss, theft, or damage to personal property.

Participant agrees to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, demands, damage, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to Particpant's participation in the event, including any claims brought by third parties as a result of Participant's actions or omissions.

Participant understands that photographs, video, and audio recordings may be taken during the event. Participant grants High Fives Foundation and its partners the irrevocable right to use Participant's name, image, likeness, voice, and appearance in photographs, video, and other media for legitimate promotional, educational, fundraising, and marketing purposes, in any medium, worldwide, in perpetuity, without compensation.

Participant waives any right to inspect or approve the finished product and releases all claims related to the use of such media.

Participant acknowledges that they have carefully read this Agreement, fully understand its contents, and understand that they are giving up substantial legal rights, including the right to sue. Participant acknowledges that participation in the event is voluntary and that execution of this Agreement is required to participate.

Participant affirms that they are at least eighteen (18) years of age, or that a parent or legal guardian will sign on their behalf.
I HAVE READ THIS RELEASE OF LIABILITY, ASSUMPTIN OF RISK, AND INDEMNITY AGREEMENT. I FULLY UNDERSTAND ITS TERMS AND SIGN IT FREELY AND VOLUNTARILY. I INTEND THIS TO BE A COMPLETE AND UNCONDITINAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
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MINOR PARTICIPANT WAIVER, PARENTAL CONSENT & INDEMNIFICATIN ADDENDUM

This Minor Participant Waiver, Parental Consent & Indemnification Addendum ("Addendum") is executed by the undersigned parent or legal guardian ("Parent/Guardian") on behalf of the minor participant ("Minor") in connection with participation in the Vermont Green Mountain Shred, hosted by  High Fives Foundation at Sugarbush Resort - Mt. Ellen.

This Addendum supplements and is expressly incorporated into the Release of Liability Assumption of Risk, and Indemnity Agreement (the "Agreement").

I the undersigned Paren/Guardian, certify that I am the lawful parent or legal guardian of the Minor named below and that I have the legal authority to execute this Addendum on the Minor's behalf. I grant permission for the Minor to participate in all activities associated with the Vermont Green Mountain Shred, including skiing, snowboarding, on-mountain travel, and related event activities.

I understand and acknowledge that participation in skiing, snowboarding, and mountain events involves inherent and significant risks, including but not limited to: falls, collisions, variable snow and terrain conditions, chairlift use, weather exposer, equipment failure, and the actions or negligence of other participants or event staff.

I understand that helmets are required for this event, but that helmet use does not eliminate the risk of serious injury, concussion, paralysis, or death.

I knowingly and voluntarily assume all known and unknown risks on behalf of the Minor, whether arising from the Minor's participation, the condition of the premises, or the active or passive negligence of the Released Parties.

To the fullest extent permitted by law, I hereby release, waive, and discharge the Released Parties from any and all claims, demands, causes of action, or liabilities for injury, illness, death, or property damage sustained by the Minor arising out of or related to participation in the event, including claims arising from the negligence of the Released Parties.

This release applies to me, the Minor, and our respective heirs, successors, assigns, and representatives.

I agree to defend, indemnify, and hold harmless the Released Parties from any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising from the Minor's participation in the event, including claims brought by or on behalf of the Minor or by third parties as a result of the Minor's actions.

In the event of an emergency, I authorize High Fives Foundation, Sugarbush Resort, event staff, volunteers, or medical personnel to obtain emergency medical treatment for the Minor if I cannot be reached. I understand that I am financially responsible for any medical treatment provided.

I grant High Fives Foundation and its partners permission to photograph , film, or otherwise record the Minor during the event and to use the Minor's image, likeness, and voice for promotional, educational, fundraising, and marketing purposes in any medium, worldwide, in perpetuity, without compensation.

This Addendum shall be governed by and construed in accordance with the laws of the State of Vermont, without regard to conflict of law principles.

I HAVE READ AND UNDERSTAND THIS MINOR PARTICIPANT WAIVER, PARENTAL CONSENT & INDEMNIFICATION ADDENDUM. I UNDERSTAND TAHT I AM GIVING UP SUBSTANTIAL RIGHTS ON BEHALF OF MYSELF AND THE MINOR. I SIGN THIS DOCUMENT FREELY AND VOLUNTARILY.