Wachusett Waiver - WACHUSETT MOUNTAIN ASSOCIATES, INC. 2025 COMPETITION & EVENT
WAIVER ASSUMPTION OF RISK AND GENERAL RELEASE - I am aware that the Vanessa
Marcotte 5K EVENT on Saturday, June 14, 2025 in which I am participating or plan to participate
under the sponsorship or arrangement of Wachusett Mountain Associates, Inc. and all other
sponsors and affiliates, is a HAZARDOUS ACTIVITY which is inherently dangerous. The participant
has voluntarily entered the event despite all known and unknown risk of personal injury and/or death
presented by participating for and/or actual participation in the event; and Participant understands
that this Agreement is a general release barring Participant from bringing any claim for personal
injury and/or death which is any way related to participating for and/or participating in the scheduled
event; and In exchange for the right to participate in the competition and the services of the above-
mentioned Wachusett Mountain Associates, Inc., the participant expressly and freely agrees as
follows: 1. I agree, for myself and/or my child, to ASSUME ALL RISK of serious personal injury
and/or death arising from practicing and/or participating in the scheduled event. 2. I agree, for myself
and/or my child, to WAIVE any and all claims that the participant may in the future have against
Wachusett Mountain Associates, Inc. and any other participating sponsors, their officers, employees,
directors, shareholders, affiliated entities, subsidiaries, all insurers, for any and all loss, damage,
injury or express that Participant may suffer, or that Participants next of kin may suffer, as a result of
Participant’s practicing for and/or participation in the scheduled event, due to any cause whatsoever,
including but not limited to NEGLIGENCE on the part of Wachusett Mountain Associates, Inc. and
any other participating sponsors, their officers, employees, directors, shareholders, affiliated entities,
subsidiaries, all insurers, any entity or person hired to perform any function. 3. I agree, for myself
and/or my child, to RELEASE from liability, forever indemnify, defend, and hold harmless Wachusett
Mountain Associates, Inc. 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, the facilities or participation in
the event(s). 4. Wachusett Mountain Associates, Inc. and any other participating sponsors will have
the irrevocable and perpetual right, but not the obligation, to use, as they may desire, all still and
motion pictures and recordings that such entities may make of Participant or Participant’s voice
during any event that Participant practices for and/or participates in, including the right to use
Participant’s name, likeness and biographical information in connection with the advertising,
publicizing, exhibiting and exploiting Wachusett Mountain Associates, Inc. and any other
participating sponsors or such event(s), in whole or in part, in any manner whatsoever, by any and
all means, media, devices, processes and technology now or hereafter known or devised in
perpetuity throughout the universe. I agree, for myself and/or my child, to that any claim brought
against Wachusett Mountain Associates, Inc. shall be submitted to the jurisdiction of the State or
Federal Courts in the Commonwealth of Massachusetts and in no other jurisdiction. Any claim
brought shall be governed by the laws of the state in which the claim arose. I UNDERSTAND AND
ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE OF LIABILITY AND
UNDERSTAND ITS CONTENTS. I UNDERSTAND THAT BY CHECKING THE BOX BELOW I EXPRESSLY
WAIVE 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
SIGNING THIS AGREEMENT FOR THE ABOVE NAMED MINOR, I ACKNOWLEDGE AND AGREE
THAT I HAVE READ THE ABOVE RELEASE OF LIABILITY AND THAT BY SIGNING 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. CHECK BOX TO ACCEPT.