In consideration of being allowed to participate now and in the future in The Mohawk Mountain Alpine Race Team, a ski and snowboard development program, as well as skiing in general, including the use of all terrain and lifts (collectively the “Activities”) at Mohawk Mountain Ski Area, Inc. (the “Facility”), the participant, or his/her parent(s) or legal guardian(s), (collectively the “Participant”), for himself/herself and on behalf of his/her heirs, assigns, personal representatives and next of kin, does hereby agree to the following:
- a) TO WAIVE ALL CLAIMS that he/she has or may have against the Facility and/or the Snow Sports Discovery Center (“Discovery Center”) arising out of the inherent hazards/risks of participating in the Activities;
- b) TO ASSUME ALL HAZARDS/RISKS INHERENT IN PARTICIPATING IN THE ACTIVITIES; and
- c) TO RELEASE the Facility, the Discovery Center, and their respective owners, affiliates, officers, directors, employees, agents, and shareholders, from all liability for any loss, damage, injury, or expense that the Participant (or his/her next of kin) may suffer, arising out of the inherent hazards/risks of participation in the Activities, which include, but are not limited to, the instruction and/or coaching received while participating in the Activities, and use of all terrain and lifts at the Facility. The Participant acknowledges and agrees that the inherent hazards/risks of participating in the Activities are in addition to those referenced in Connecticut General Statutes § 29-212. The Participant also acknowledges that this agreement does not, in any way, change the rights or obligations of the Facility, the Discovery Center, or the Participant, as set forth in Connecticut General Statutes § 29-211, et. seq., other than as set forth in this agreement.
- d) Participant hereby grants to the facility, its representatives, and employees the right to take photographs of Participant in connection with Participant’s use of the Facility. Participant hereby authorizes the Facility to copyright, use, and publish the same in print and/or electronic form. Participant hereby agrees that the Facility may use such photographs of Participant for any lawful purpose, including publicity, illustration, advertising, and web content.
The Participant hereby agrees to submit any dispute arising from: (1) this Agreement, (2) Participant’s use of the Facility, and/or (3) Participant’s participation in the Activities to binding arbitration. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the District of Connecticut. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in West Hartford, Connecticut, and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. If the dispute arises from a personal injury or death, the first phase of the arbitration shall be to determine whether said injury or death arose from a hazard/risk inherent in the Activities. In the event that the Panel determines the alleged injury/death arose from a hazard/risk inherent in the Activities, the claim shall be deemed barred, as a matter of law, and the Participant shall be barred from recovering any compensation from the Facility. In the event that the Panel determines the alleged injury did not arise from a hazard/risk inherent in the Activities, and the Participant wishes to proceed with his/her claim, the Participant shall proceed to the Superior Court of Connecticut, or if appropriate, the United States District Court for the District of Connecticut, for a trial de novo.