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Conditions of Use

Warning to Skiers: Downhill skiing, like many other sports, contains inherent risks including, but not limited to the risk of personal injury, including catastrophic injury, or death, or property damage, which may be caused by variations in terrain or weather conditions; or, surface or subsurface snow, ice, bare spots or areas of thin cover, moguls, ruts, bumps; or other persons using the facilities; or, rocks, forest growth, debris, branches, trees, roots, stumps; or, other natural objects or manmade objects that are incidental to the provision or maintenance of a ski facility in New York State. New York law imposes a duty on you to become apprised of, and understand, the risks inherent in the sport of skiing, which are set forth in this subdivision, so that you may make an informed decision of whether to participate in skiing notwithstanding the risks. New York law also imposes additional duties upon you, to which you must adhere, for the purpose of avoiding injury caused by any of the risks inherent in skiing. If you are not willing to assume all of these risks and abide by all of these duties, you must not participate in skiing at this ski area.

 

These risks include but are not limited to collisions with guests, snowmaking and snow grooming operations, snowmobile and all-terrain vehicle traffic,

 

I freely and willingly accept and voluntarily assume all risk of property damage, personal injury, and death that arises from my participation in these activities and expressly waive all claims against Catamount to include claims of negligence.  By skiing and or riding I assume all risks including the inherent dangers to the sport and those set forth in the “Warning to Skiers.”

 

 

Notice: Skiers and ski lift passengers are governed by the New York State Safety in Skiing Code (Article 18 of the NYS General Obligations Law). Before affixing this ticket or allowing this ticket to be affixed to your person, your attention is directed to a posted 'Warning to Skiers' which is displayed where tickets like this are purchased. New York law requires you to seek out, read, review and understand that 'Warning to Skiers' before you decide to participate in the sport of skiing.

 

Mass. G.L., ch143, sec 71P provides, with limited exceptions that no action shall be maintained against the operator of this ski area for an injury to a skier unless the injured person shall, within ninety (90) days of the incident, give to the operator notice by registered mail of the name, address of the injured person and the time, place and cause of the injury. Any action to recover for injury shall be brought within (1) year of the date of injury.

Before affixing ticket or allowing ticket to be affixed to your person, read and understand the notice on the reverse side and the

 

I agree that any claim that I may at any time bring against Catamount shall be brought in the Superior Court Berkshire County Massachusetts or the US District Court for the district of Massachusetts and no other jurisdiction and shall be governed by Massachusetts law.

 

I acknowledge I am waiving my rights.

 

I understand this purchase is non-transferable and non-refundable. No refunds or credits will be given on any pre-purchased products, even if they are not picked-up or used.