PLEASE READ CAREFULLY
PARTICIPANT RELEASE, HOLD HARMLESS, WAIVER OF CLAIM, AND VOLUNTARY ASSUMPTION OF RISK AGREEMENT
This Release, Agreement Not to Sue, Waiver of Claim, and Voluntary Assumption of Risk Agreement ("Agreement") is being entered into by and between Bolton Valley Resort, LLC., the Chill Foundation ("Chill") and the undersigned (hereinafter referred to as "Participant" or “I”). In consideration for entering into this Agreement, Participant understands that the Chill Foundation will allow Participant to participate in the 2022 Chill Takeover at Bolton Valley on March 13, 2022 (the “Event”).
ASSUMPTION OF RISK: I acknowledge and agree that this activity may involve certain inherent risks, dangers, and hazards that can result in serious personal injury, illness or death. I hereby freely agree to assume and accept any and all known and unknown risks of injury while participating in the Event, including but not limited to injury or death caused by other participants, environmental features, wildlife, water, Event volunteers, spectators, weather conditions and the effects thereof, and other equipment of any kind located on or around the Event. I further acknowledge and agree that the risk can be greatly reduced by participating within my abilities and using common sense at all times.
RELEASE, COVENANT NOT TO SUE AND WAIVER OF CLAIM AGREEMENT: In consideration of allowing Participant to participate in the Event, the Participant hereby agrees as follows:
1. TO WAIVE ANY AND ALL CLAIMS that Participant has or may in the future have against the Chill Foundation, The Burton Corporation, the Sponsors, and each of their officers, agents, employees, directors, shareholders, affiliated entities, subsidiaries, sponsors, and all insurers, as well as any and all Event volunteers (all the aforementioned parties collectively referred to as Releasees) for any and all loss, damage, injury or expense that Participant may suffer, or that Participants next of kin may suffer, as a result of Participants participation in the Event, or from any prizes or products that may be awarded to Participant, due to any cause whatsoever, including but not limited to negligence on the part of Releasees.
2. TO HOLD HARMLESS AND RELEASE Releasees from any and all liability for any loss, damage, injury or expense that the Participant may incur by participating in the Event, or from any prizes or products that may be awarded to Participant (nor shall any such prizes or products be warrantied or guaranteed by Chill to the Participant). I further agree that if, despite this Agreement, I, or anyone on my behalf, makes a claim against the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost which any may incur as the result of such claim.
3. THAT FOR THE SOLE CONSIDERATION OF PARTICIPATING IN THE EVENT, Participant hereby authorizes Releasees to record and use materials incorporating Participants name, audio and audio-visual recordings or Participants name and likeness, photographs, statements or testimonials of Participant (collectively Images) in connection with Releasees activities. Participant acknowledges and agrees that each Image is and will be deemed to be a work made for hire as defined in the U. S. Copyright Act of 1976, as amended, 17 U. S. C. 101, and will be owned by Chill. If for any reason an Image is not deemed to be a work made for hire, Participant hereby irrevocably assigns all right, title and interest in perpetuity worldwide in and to the Image, including the copyright and all other rights relating to the Image to Chill. It is agreed and acknowledged that this Agreement confers on Releasees the right to display, exhibit, distribute, reproduce or authorize reproduction of the Images for all purposes, and to make derivative works, in any medium now known or later created. Participant further waives all privacy, publicity, defamation, and proprietary rights related to the Images. Releasees and Chill may transfer or license its rights hereunder.
4. BINDING EFFECT OF AGREEMENT. In the event of Participant's death or incapacity, this Agreement shall be effective and binding upon Participant's heirs, next of kin, executors, administrators, assigns and representatives.
5. SEVERABILITY. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions contained herein, shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
6. CHOICE OF VENUE. This Agreement shall be governed by, enforced under and construed exclusively in accordance with the laws of the State of Vermont, U.S.A. without regard to Vermont’s conflicts of law principles. Participant consents to the exclusive jurisdiction and venue of the federal and state courts located in Chittenden County, Vermont, U.S.A. in connection with any dispute hereunder, and further consents and submits to the personal jurisdiction of those courts with respect to any such dispute.
7. ENTIRE AGREEMENT. In entering into this Agreement, Participant is not relying upon any oral or written representations other than what is set forth in this Agreement. PARTICIPANT HAS READ AND UNDERSTANDS THIS AGREEMENT AND IS AWARE THAT BY SIGNING THIS AGREEMENT PARTICIPANT MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.