Terms and Conditions

TERMS AND CONDITIONS
I/WE hereby agree to conduct this transaction by electronic means.
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.
All online tickets, passes, and gift card orders are final and non-refundable. 6 Week Lesson Programs will not be refunded after the second week of lessons. You must attend your scheduled class time or forfeit lesson, lift ticket and rental fee.

NASHOBA VALLEY SNOWSPORTS SCHOOL RELEASE OF LIABILITY
In consideration for the permission to use Nashoba’s premises and/or participate in classes, instructions and/or lessons by the Nashoba Valley Snowsports School, I agree for myself and/or my child to the following:

1. 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 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, ski area or the snow tubing facility.

2. 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 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 . 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, or the snow tubing facility.

3. I understand that alpine skiing, snowboarding, tubing and other competitive and sports activities are HAZARDOUS ACTIVITIES. I understand that alpine skiing, snowboarding and the use of skis, snowboards, other equipment and lifts involves risk of injury to any and all parts of my body. I understand that there are numerous risks and dangers inherent in the sports of alpine skiing, snowboarding and other activities including but not limited to: surface or sub-surface snow or ice conditions whether natural or machine-made, the unevenness of the surface which contains rocks, bumps, ruts, stumps, the steepness of the terrain, jumps, ramps, terrain elements and other features, whether natural or man-made, collisions with other trail users, trees, poles or objects. I understand that having a Nashoba Valley Ski Area employee present does not lessen the amount or severity of the risks of these activities. I understand that the RELEASEES are not responsible for my safety. It is further understood that training or competing is more HAZARDOUS than recreational skiing and snowboarding. Furthermore, I understand that myself and my child must keep deliberate and conscious control of our physical bodies, both on the ground and in the air, while properly using our equipment in variable weather, snow and terrain conditions.

4. I hereby certify that I and/or my child are physically fit and have no medical conditions or allergies that affect my ability to participate in these lessons.

5. I recognize that my child must abide by the Skier Responsibility Code, obey the instructor, all posted behavior notices and all other ski area rules and policies. Any equipment my child may use while skiing or snowboarding will be used at our own risk.

6. This agreement is governed by the applicable laws of Massachusetts. If any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect. In the event that any provision is found to be invalid, the provision shall be revised so that it is enforceable to the greatest extent possible. I agree and understand that any claim or lawsuit against the RELEASEES may be brought in the federal or state courts of Massachusetts only.

I UNDERSTAND AND ACKNOWLEDGE THAT I HAVE CAREFULLY READ SNOWSPORTS SCHOOL RELEASE OF LIABILITY AND UNDERSTAND ITS CONTENTS. I UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL APPLY FOR EACH AND EVERY DAY PARTICIPANT ENGAGES IN ANY ACTIVITY DURING THE 2016-2017 WINTER SEASON WITHOUT REQUIRING ACCEPTANCE OF AN ADDITIONAL AGREEMENT FOR EACH DAY AND/OR EACH ACTIVITY UNTIL REVOKED IN WRITING. I UNDERSTAND THAT ACCEPTING THIS AGREEMENT EXPRESSLY 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.

AS PARENT/GUARDIAN ACCEPTING THIS AGREEMENT FOR PARTICIPANTS UNDER 18 YEARS OF AGE, I ACKNOWLEDGE AND AGREE THAT I HAVE READ THE SNOWSPORTS SCHOOL RELEASE OF LIABILITY AND THAT BY ACCEPTING THIS RELEASE ON BEHALF OF THE MINOR, I AND THE MINOR AGREE TO BE BOUND BY ITS TERMS. I HEREBY AGREE TO RELEASE FROM LIABILITY, FOREVER DISCHARGE, INDEMNIFY AND HOLD HARMLESS RELEASEES FOR ANY CLAIM OR SUIT ARISING OUT OF SAID MINOR’S USE OF THE SKI AREA, THE RESORT, OR THE SNOWTUBING FACILITY . I FURTHER UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL APPLY FOR EACH AND EVERY DAY PARTICIPANT ENGAGES IN ANY ACTIVITY DURING THE 2016-2017 WINTER SEASON WITHOUT REQUIRING ACCEPTANCE OF AN ADDITIONAL AGREEMENT FOR EACH DAY AND/OR EACH ACTIVITY UNTIL REVOKED IN WRITING.

NASHOBA VALLEY SKI AREA ASSUMPTION AND ACCEPTANCE OF RISK, LIABILITY RELEASE AND INDEMNITY

1. I know that alpine skiing is an action sport carrying significant risk of serious personal injury, death or property damage. I also know that there are natural and environmental conditions and risks which independently or in combination with my activities may cause property damage, or severe or even fatal injuries to me or others.

2.To the fullest extent permitted by law, I agree that I am alone responsible for my safety while recreationally skiing or snowboarding and while participating in competitive events and/or training for competitive events and specifically acknowledge that the following persons or entities including Nashoba Valley Ski Area, the promoters, the sponsors, the organizers, the club promoters, the officials and any agent, representatives, officers, director, employee, member or affiliate of any person of any entity named above are not responsible for my safety. I agree to accept all responsibility for the risks, conditions and hazards which may occur whether they now be known or unknown.

3. 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 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. 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 ski area, the resort . 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 . 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, or the snow tubing facility.

4. 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 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 . 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, or the snow tubing facility.

5. I currently have, and I agree to maintain throughout the time that I train and compete, valid and sufficient medical and accident insurance. I understand that this is my sole responsibility and release all persons and entities identified above from providing this coverage for me.

6. I agree that I will accept and abide by the rules and regulations of Nashoba Valley Ski Area and any other rules or regulations imposed by the organizers of any particular competition. I have received a copy of this release.

7. This agreement is governed by the applicable laws of Massachusetts. If any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect. In the event that any provision is found to be invalid, the provision shall be revised so that it is enforceable to the greatest extent possible. I agree and understand that any claim or lawsuit against the RELEASEES may be brought in the federal or state courts of Massachusetts only.

I UNDERSTAND AND ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE OF LIABILITY AND UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT MY ACCEPTANCE OF THIS AGREEMENT EXPRESSLY 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.

LIABILITY & RENTAL AGREEMENT - PLEASE READ CAREFULLY BEFORE ACCEPTING

1. 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 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, ski area, or the snow tubing facility.

2. 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 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 . 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, or the snow tubing facility.

3. 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 ski area, the resort , 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 resort.

4. I accept for use as is the equipment listed on this form, and accept full responsibility for the care of the equipment while it is in my possession. I will be responsible for the replacement at full retail value of any equipment rented under this form, but not returned to the shop. I agree to return all rental equipment by the agreed date in clean condition to avoid any additional charges. I have received instruction on the use of the equipment and fully understand its use and function.

5. I have made no misrepresentations to the ski shop concerning my height, weight, age of skier/snowboarder type.

6. I understand that there are inherent and other risks involved in the sport of snow skiing or snow boarding, for which this equipment is to be used, that injuries are a common and ordinary occurrence of the sport, and I freely and voluntarily assume those risks.

7. HELMET I understand that the helmet provided cannot guarantee the user’s safety. THE HELMET DOES NOT REDUCE THE RISK of injuries to any part of the user’s body. I ASSUME ALL RISKS of serious personal injury and/or death arising from use of helmet.

8. ALPINE SKI I understand that a ski-binding-boot system will not release at all times or under all circumstances where release may prevent injury or death, nor is it possible to predict every situation in which it will release, and it is, therefore, no guarantee of my safety.

9. SNOWBOARD SKI I understand that the snowboard skiing equipment being furnished forms a part or all of a snowboard/boot/binding system which is a NON RELEASE system and that its use cannot guarantee the user’s safety and that this snowboard/boot/binding system DOES NOT REDUCE THE RISK of injuries to any part of the user’s body.

10. I hereby release from any legal liability the ski shop and its owners, agents and employees, as well as the manufacturers and distributors of this equipment from any and all damage and injury or death to myself or to any person or property resulting from the selection, installation, maintenance, adjustment or use of this equipment and for any claim based upon negligence, breach of warranty, contract or other legal theory, accepting myself the full responsibility for any and all such damage, injury or death which may result.

11. This agreement is governed by the applicable laws of Massachusetts. If any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect. In the event that any provision is found to be invalid, the provision shall be revised so that it is enforceable to the greatest extent possible. I agree and understand that any claim or lawsuit against the RELEASEES may be brought in the federal or state courts of Massachusetts only.

I UNDERSTAND AND ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE OF LIABILITY AND UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT MY ACCEPTANCE OF THIS AGREEMENT EXPRESSLY 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.

PARTICIPANTS UNDER 18 YEARS OF AGE: AS PARENT/GUARDIAN ACCEPTING THIS AGREEMENT FOR THE ABOVE NAMED MINOR, I ACKNOWLEDGE AND AGREE THAT I HAVE READ THE ABOVE RELEASE OF LIABILITY AND THAT BY ACCEPTING THIS RELEASE ON BEHALF OF THE MINOR, I AND THE MINOR AGREE TO BE BOUND BY ITS TERMS. I HEREBY AGREE TO RELEASE FROM LIABILITY, FOREVER DISCHARGE, INDEMNIFY AND HOLD HARMLESS RELEASEES FOR ANY CLAIM OR SUIT ARISING OUT OF SAID MINOR’S USE OF THE SKI AREA, THE RESORT.

In consideration of the permission to participate in classes, instructions and/or lessons by the Nashoba Valley Snowsports School and use of resort’s premise and facilities, I agree. For myself and/or my child to the following:

1. 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 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.

2. 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 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 . 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. 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, ski area. 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.

3. I understand that alpine skiing, snowboarding, other competitive and sports activities are HAZARDOUS ACTIVITIES. I understand that alpine skiing, snowboarding and the use of skis, snowboards, other equipment and lifts involves risk of injury to any and all parts of my body. I understand that there are numerous risks and dangers inherent in the sports of alpine skiing, snowboarding and other activities including but not limited to: surface or sub-surface snow or ice conditions whether natural or machine-made, the unevenness of the surface which contains rocks, bumps, ruts, stumps, the steepness of the terrain, jumps, ramps, terrain elements and other features, whether natural or man-made, collisions with other trail users, trees, poles or objects. I understand that having a Nashoba Valley Ski Area employee present does not lessen the amount or severity of the risks of these activities. I understand that Nashoba Valley Ski Area is not responsible for my safety. It is further understood that training or competing is more HAZARDOUS than recreational skiing and snowboarding. Furthermore, I understand that I must keep deliberate and conscious control of my physical body, both on the ground and in the air, while properly using my equipment in variable weather, snow and terrain conditions.

4. I hereby certify that I and/or my child are physically fit and have no medical conditions or allergies that affect my ability to participate in these lessons.

5. I recognize that my child must abide by the Skier Responsibility Code, obey the instructor, all posted behavior notices and all other ski area rules and policies. Any equipment my child may use while skiing or snowboarding will be used at our own risk.

6. This agreement is governed by the applicable laws of Massachusetts. If any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect. In the event that any provision is found to be invalid, the provision shall be revised so that it is enforceable to the greatest extent possible. I agree and understand that any claim or lawsuit against the RELEASEES may be brought in the federal or state courts of Massachusetts only.

7. 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 SNOWSPORTS SCHOOL RELEASE OF LIABILITY AND UNDERSTAND ITS CONTENTS. I UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL APPLY FOR EACH AND EVERY DAY PARTICIPANT ENGAGES IN ANY ACTIVITY DURING THE CALENDAR YEAR WITHOUT REQUIRING UNDERSIGNED TO ACCEPT AN ADDITIONAL AGREEMENT FOR EACH DAY AND/OR EACH ACTIVITY UNTIL UNDERSIGNED REVOKE IT IN WRITING.

I UNDERSTAND THAT MY ACCEPTANCE OF THIS AGREEMENT EXPRESSLY 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.

PARTICIPANTS UNDER 18 YEARS OF AGE: AS PARENT/GUARDIAN ACCEPTING THIS AGREEMENT FOR THE ABOVE NAMED MINOR, I ACKNOWLEDGE AND AGREE THAT I HAVE READ THE SNOWSPORTS SCHOOL RELEASE OF LIABILITY AND THAT BY ACCEPTING THIS RELEASE ON BEHALF OF THE MINOR, I AND THE MINOR AGREE TO BE BOUND BY ITS TERMS. I HEREBY AGREE TO RELEASE FROM LIABILITY, FOREVER DISCHARGE, INDEMNIFY AND HOLD HARMLESS RELEASEES FOR ANY CLAIM OR SUIT ARISING OUT OF SAID MINOR’S USE OF THE SKI AREA, THE RESORT . I FURTHER UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL APPLY FOR EACH AND EVERY DAY PARTICIPANT ENGAGES IN ANY ACTIVITY DURING THE CALENDAR YEAR SEASON WITHOUT REQUIRING UNDERSIGNED TO ACCEPT AN ADDITIONAL AGREEMENT FOR EACH DAY AND/OR EACH ACTIVITY UNTIL UNDERSIGNED REVOKE IT IN WRITING.

Special Events Release

1. 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, ski area, or the snow tubing facility.

2. 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 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 . 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, or the snow tubing facility.

3. I understand that alpine skiing, snowboarding, other competitive and sports activities are HAZARDOUS ACTIVITIES. I understand that alpine skiing, snowboarding and the use of skis, snowboards, other equipment and lifts involves risk of injury to any and all parts of my body. I understand that there are numerous risks and dangers inherent in the sports of alpine skiing, snowboarding and other activities including but not limited to: surface or sub-surface snow or ice conditions whether natural or machine-made, the unevenness of the surface which contains rocks, bumps, ruts, stumps, the steepness of the terrain, jumps, ramps, terrain elements and other features, whether natural or man-made, collisions with other trail users, trees, poles or objects. I understand that having a Nashoba Valley Ski Area employee present does not lessen the amount or severity of the risks of these activities. I understand that Nashoba Valley Ski Area is not responsible for my safety. It is further understood that training or competing is more HAZARDOUS than recreational skiing and snowboarding. Furthermore, I understand that I must keep deliberate and conscious control of my physical body, both on the ground and in the air, while properly using my equipment in variable weather, snow and terrain conditions.

4. I hereby certify that I am physically fit and have no medical conditions or allergies that affect my ability to participate in these activities.

5. 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 agree that there have been no warranties, expressed or implied, which have been made to me, which extend beyond the description of the equipment listed on this form.

6. I agree with the premise that a participant is a competitor at all times, whether practicing for competition or in competition. I agree that the competitor is always provided an opportunity to conduct a reasonable physical and visual inspection of the training, race or competition course, and I agree to physically and visually inspect the course before competing or training. I agree and understand that the competitor will be held to assume the risk of all course conditions including, but not limited to, weather and snow conditions, premises, course construction or layout, other competitors, spectators and obstacles.

7. 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.

8. This agreement is governed by the applicable laws of Massachusetts. If any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect. In the event that any provision is found to be invalid, the provision shall be revised so that it is enforceable to the greatest extent possible. I agree and understand that any claim or lawsuit against the RELEASEES may be brought in the federal or state courts of Massachusetts only.

I UNDERSTAND AND ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE OF LIABILITY AND UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT MY ACCEPTANCE OF THIS AGREEMENT EXPRESSLY 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.

PARTICIPANTS UNDER 18 YEARS OF AGE: AS PARENT/GUARDIAN ACCEPTING THIS AGREEMENT FOR THE ABOVE NAMED MINOR, I ACKNOWLEDGE AND AGREE THAT I HAVE READ THE ABOVE RELEASE OF LIABILITY AND THAT BY ACCEPTING THIS RELEASE ON BEHALF OF THE MINOR, I AND THE MINOR AGREE TO BE BOUND BY ITS TERMS. I HEREBY AGREE TO RELEASE FROM LIABILITY, FOREVER DISCHARGE, INDEMNIFY AND HOLD HARMLESS RELEASEES FOR ANY CLAIM OR SUIT ARISING OUT OF SAID MINOR’S USE OF THE SKI AREA, THE RESORT, OR THE SNOW TUBING FACILITY.

In consideration for my or my child’s use of the resort ,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 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, ski area, or the snow tubing facility.

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 RELEASEES. This releases all claims, including those of which I and/or myy 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 . 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 resort, the ski area, or the snow tubing facility.

This agreement is governed by the applicable laws of Massachusetts. If any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect. In the event that any provision is found to be invalid, the provision shall be revised so that it is enforceable to the greatest extent possible. I agree and understand that any claim or lawsuit against the RELEASEES may be brought in the federal or state courts of Massachusetts only.

I INDIVIDUALLY OR AS PARENT/GUARDIAN ACCEPTING THIS AGREEMENT FOR THE NAMED MINOR, ACKNOWLEDGE AND AGREE THAT I HAVE READ THE ABOVE RELEASE OF LIABILITY AND THAT BY ACCEPTING THIS RELEASE ON BEHALF OF THE MINOR, I AND THE MINOR AGREE TO BE BOUND BY ITS TERMS. I HEREBY AGREE TO RELEASE FROM LIABILITY, FOREVER DISCHARGE, INDEMNIFY AND HOLD HARMLESS RELEASEES FOR ANY CLAIM OR SUIT ARISING OUT OF SAID MINOR’S USE OF THE RESORT, SKI AREA, OR THE SNOW TUBING FACILITY.