PARENT/GUARDIAN CONSENT

(“Consent”)

I, the undersigned parent or legal guardian of the minor participant(s) registered for the Program described below (each minor participant, individually and collectively, the “Participant”), do hereby CONSENT to the Participant’s participation in the weekend ski trip indicated in a separate registration form (the “Program”) offered by Boston Ski & Sports Company, Inc. (the “Company”), and to the other terms set forth below.

I acknowledge and agree that I am required to, and will, accompany the Participant in the Program.

I forever RELEASE and discharge the Company and its officers, directors, employees, shareholders, representatives, agents, volunteers, successors and assigns (collectively, “BSSC”), from any and all claims, damages, losses or expenses of whatever kind or nature which I may have or acquire as the parent or legal guardian of the Participant arising out of or resulting, directly or indirectly, from the Participant’s participation in the Program. I also RELEASE and discharge BSSC from any and all claims, damages, losses or expenses of whatever kind or nature which the Participant may have or acquire arising out of or resulting from, directly or indirectly, the Participant’s participation in the Program.

I furthermore agree to DEFEND and INDEMNIFY BSSC against any claim, damage, loss or expense of whatever kind or nature that BSSC may incur or have to pay that arises or results from the Participant’s intentional, grossly negligent, or reckless acts or omissions while participating in the Program.

I acknowledge that BSSC does not provide medical services or administer medication in connection with the Program. If I am unavailable or unable to be contacted at any time during the Program, I hereby authorize the Company’s employees and agents who are supervising the Program to act on the Company’s behalf in authorizing and consenting to emergency medical care including, without limitation, any necessary surgery, dental care, and/or hospitalization for the Participant if he/she/they become(s) ill or is injured while participating in the Program. This Consent may be presented to the appropriate medical/dental staff at such time as emergency medical care, dental care or hospitalization is required. I hereby RELEASE and discharge BSSC from any and all claims of any nature whatsoever, which may arise out of the decision to provide emergency medical care, dental care or hospitalization during or in connection with the Program.

I also hereby authorize the Company to cancel, reschedule or alter in any other manner the Program whenever the Company determines in its sole discretion that such cancellation, rescheduling or alteration is required in order to protect the safety and welfare of me, the Participant or others. I hereby release BSSC from any claim for damages or loss that I or the Participant may incur by reason of such cancellation, rescheduling or alteration.

I further authorize the Company’s employees and agents who are supervising the Program to require the Participant to comply with any rules, standards of behavior or instructions such employees or agents may reasonably establish. I agree that such employees and agents shall have the right to enforce such rules, standards of behavior or instructions and shall have the further right to terminate the Participant’s participation in the Program at any time when such employees or agents consider the conduct of the Participant incompatible with the interest, harmony, comfort or welfare of the other participants in the Program or with the Participant’s own safety or welfare. Possession, sale, distribution or use of illegal drugs, alcohol or weapons will constitute grounds for immediate termination of me and/or the Participant from the Program. If the Participant’s participation is terminated, I consent to have the Participant sent home in the most expeditious manner without refund at my expense. I accept in good faith the determination of the Company’s employees and agents in all matters relating to the supervision of the Participant while in the Program.

SPORT PARTICIPANT RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY/DEFENSE AGREEMENT

(“Sport Participant Agreement”).

Please read and be certain you understand the implications of signing.

Express Assumption of Risk Associated with Sport, Venue Use and Related Activities. I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with skiing, transportation of equipment related to the activities, and travelling to and from activity sites in which I am about to engage. On behalf of myself and the Participant, I assume these inherent hazards and risks, which include but are not limited to:

1. The significant risk of injury from the activity and equipment utilized, including the potential for broken bones, severe injuries to the head, neck, and back or other bodily injuries that could result in permanent disability and death.
2. Possible equipment failure and/or malfunction or misuse of my own or others’ equipment.
3. Protective gear, such as a helmet, cannot protect the wearer against all potential head injuries or prevent injury to the wearer’s face, neck or spinal cord and does not guarantee my or the Participant’s safety. Notwithstanding such risk, I AGREE THAT I WILL WEAR, AND THAT I WILL REQUIRE THE PARTICIPANT TO WEAR, APPROVED PROTECTIVE GEAR AS DECREED BY THE GOVERNING BODY OF THE SPORT IN WHICH I AND THE PARTICIPANT ARE PARTICIPATING.
4. Variation and/or steepness of terrain, variation or changes in surfaces including but not limited to snow surfaces, ice, bare spots, rocks, stumps, debris, cliffs, trees, fences, posts, light poles, signs, buildings, roads, walkways, ramps, rails, stairs, pyramids, manual pads, bowls, half-pipes, jumps, padded and non-padded barriers, other persons, and other natural and man-made hazards.
5. My own negligence, the Participant’s negligence and/or the negligence of others, including operator error and guide decision‑making, including misjudging terrain, weather, riding surfaces or other obstacles.
6. Exposure to the elements and temperature extremes could result in frost nip, frost bite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration.
7. Dangers associated with exposure to natural elements, including avalanche, rock fall, inclement weather, thunder and lighting, severe and or varied wind, temperature and other weather conditions.
8. Accidents or illness occurring in remote places where it is difficult for medical personnel to access or to access in a timely manner or where there are no available medical facilities.
9. Fatigue, exhaustion, chill, and/or dizziness, which may diminish my or the Participant’s reaction time and increase the risk of accident.
10. Impact or collision with others, including athletes, spectators, facility employees, pedestrians, motor vehicles, and cyclists.
11. Possible exposure to and illness from infectious diseases including MRSA, influenza, and COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist.
12. Costs or inconveniences incurred if my or the Participant’s circumstances cause me or the Participant to miss any of the scheduled transportation.

*I understand the description of these risks is not complete and that other known, unknown or unanticipated risks could result in injury, disability, illness, loss or death to person or property.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY/DEFENSE AGREEMENT

(“Release Agreement”)

In consideration for being permitted to participate in the Program and related activities, I hereby acknowledge and agree that:

1. I HEREBY RELEASE, HOLD HARMLESS AND AGREE TO DEFEND BSSC FROM AND AGAINST ANY AND ALL INJURY, DISABILITY, ILLNESS, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE;
2. I hereby release BSSC from any and all liability and responsibility whatsoever and for any claims or causes of action that I, the Participant, and our respective estates, heirs, survivors, executors, or assigns may have for injury, disability, property damage or loss, or wrongful death arising from the above activities whether caused by active or passive negligence of BSSC or otherwise;
3. I agree to hold BSSC harmless and indemnify and defend BSSC in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of my or the Participant engaging in the above activities;
4. I am not relying on any oral or written representation or statements made by BSSC, other than what is set forth in this Release Agreement;
5. This Release Agreement shall apply to any and all injury, disability, illness, death, or loss or damage to person or property occurring at any time after the execution of this Release Agreement; and
6. I acknowledge that BSSC acts solely as agent carrying out services and assumes no responsibility for injury, disability, illness, death, or loss or damage to persons or property, nor for faults or defaults of other companies or those carrying out services; nor for accidents, injuries, losses delays, cancellations, changes due to weather; baggage, lodging, insufficient participation, or any circumstances whatsoever beyond the control of BSSC.

This Release Agreement shall be binding to the fullest extent permitted by law. If any provision of this Release Agreement is found to be unenforceable, the remaining terms shall be enforceable.

MY ACCEPTANCE OF THE CONSENT, THE SPORT PARTICIPANT AGREEMENT AND THE RELEASE AGREEMENT INDICATES THAT I HAVE READ THE CONSENT, THE SPORT PARTICIPANT AGREEMENT AND THE RELEASE AGREEMENT IN THEIR ENTIRETY. I FULLY UNDERSTAND ALL OF THE TERMS IN EACH OF SUCH AGREEMENTS, AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY ACCEPTING THEM. I ACCEPT EACH OF SUCH AGREEMENTS FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

My acceptance of the Consent, the Sport Participant Agreement and the Release Agreement also certifies that I am the parent, legal guardian or temporary guardian with legal responsibility for the Participant, and I sign on behalf of the Participant, myself, and our respective heirs, successors and assigns.