TERMS & CONDITIONS
1. Season duration or frequency of use is NOT GUARANTEED due to WEATHER and SNOW CONDITIONS and I acknowledge that TENNEY Mountain may be required to close at any time without notice, due to weather, snow conditions or other circumstances beyond its reasonable control. I further understand that there will be NO REFUNDS for any reason whatsoever, including but not limited to unexpected closures by TENNEY Mountain for the foregoing reasons.
2. I agree a) to visibly display my season pass when boarding lifts; b) to present the season pass to any authorized representative of the TENNEY Mountain staff upon request; c) to refrain from misconduct or reckless skiing/ riding; and d) to read and obey the guidelines issued under 'Your Responsibility Code" as found on TENNEY Mountain's trail map, signage, handouts, and on display throughout TENNEY Mountain. I understand that any conduct which in TENNEY Mountain's opinion violates the terms of "Your Responsibility Code", or which in TENNEY Mountain's opinion qualifies as misconduct or nuisance on the premises, may result in revocation of this pass without refund-
3. I understand that if I attempt to board a lift without my pass I will be subject to prosecution in accordance with the State of New Hampshire criminal statute RSA 637:8 ("Theft of Services"). I understand that this season pass may not be used by anyone but the pass holder and that it is NOT TRANSFERABLE. I also understand that this pass may not be physically altered in any manner. Any misuse of this pass may cause revocation without refund and employment termination, if applicable. Restitution will be demanded, and I will be subject to prosecution in accordance with the State of New Hampshire criminal statute RSA 637:8 ("Theft of Services"). I understand that if I do not have my pass with me, I may be required to purchase a lift ticket at full price. If my pass is lost or stolen, I understand that I must report it immediately to TENNEY Mountain and pay a $25 replacement fee prior to receiving a replacement pass.
4. I authorize TENNEY Mountain to administer first aid as they deem necessary to me or my child. I authorize transportation to a medical facility, at my expense, if deemed necessary by TENNEY Mountain. Further, in the case of serious illness or injury, if I cannot be reached, I give permission for treatment, including medical and/or surgical necessary for the well-being of myself or my child, at my expense.
5. I hereby grant exclusive permission to TENNEY Mountain Operating Company, LLC and their respective agents, clients and assigns to use my or my child/children's name and image(s) for the purpose of publicity, public relations, editorial, or other advertising purposes without restriction as to frequency or duration-
6. WARNING: All forms of skiing, snowboarding, recreational activities and the use of aerial and surface lifts are hazardous. Falls and injuries are a common occurrence. Recreational users of the ski area must use deliberate and conscious control and proper equipment, both on the ground and in the air, in relation to ever changing variables and dangers. Safety is directly affected by personal judgment in the severe elements of mountain and forest terrain. Ski and/or ride within one's own ability. Be alert to continually changing weather, visibility and surface conditions and other inherent risks of skiing, snowboarding and tubing, including but not limited to: existing and changing surface or subsurface snow and ice conditions, dirt, grass, bare spots, forest growth, trees, rocks, stumps, and other natural objects and collisions with or falls resulting from such natural objects, lift towers and components thereof, lights, signs, posts, fences, mazes or enclosures, hydrants, water or air pipes (all the foregoing whether above or below the snow surface), snowmaking and snow grooming equipment, trail maintenance vehicles and snowmobiles, other man-made structures or objects and their components, and collisions with or falls resulting from such man-made objects; variations in steepness or terrain, whether natural or as a result of slope design; snowmaking and snow grooming operations, including but not limited to man-made and natural terrain modifications and features including terrain parks, elements and half-pipes; the presence of and collisions with other skiers and riders and the failure of others to ski and ride safely, in control or within their own ability.
7. I hereby promise not to bring a claim against or sue, and AGREE TO RELEASE TENNEYMountain Operating Company, LLC, its employees, coaches, volunteers, owners, affiliates, agents, landowners, officers, directors, and their successors in interest (collectively "RELEASEES"), from all liability for injury, death, property loss and damage that results from my participation in any recreational activities, Snowsports Program or the use of RELEASEES equipment, whether such claim is based on the NEGLIGENCE OF RELEASEES,breach of warranty, product defect, or any other liability or cause. I further agree to DEFEND, INDEMNIFY and HOLD HARMLESS RELEASEES for any loss or damage arising from claims or lawsuits related in any way to my, or my child's participation in the RELEASEE'S Snowsports Program, use of their equipment, or any other activities on RELEASEES premises. I understand that permission to use RELEASEES premises, and/or my, or my child's involvement in the Snowsports Program is being given in exchange for the execution of this Release of Liability.
8. I acknowledge that New Hampshire law governs this agreement. I further agree that any action relating to or arising out of this agreement must be brought in the State or Federal Courts of New Hampshire. This document is a legally binding contract that supersedes any other agreements or representations by or between the parties. It shall be interpreted to provide as broad and inclusive a RELEASE OF LIABILITYas is possible, but it is not intended to assert any claims or defenses, which are prohibited by law. If any provision of this agreement is determined to be unenforceable, all other provisions shall be given full force and effect.