Mt Van Hoevenberg
Assumption of Risk Agreement
Organizer’s 2025 Last Man Standing Endurance Race
Please read carefully
IN CONSIDERATION of the license granted to me by the NYS Olympic Regional Development Authority (“Olympic Authority") to participate in the following Activity at Mt Van Hoevenberg in the Town of North Elba, New York, I, the undersigned, expressly acknowledge and agree as follows:
1. Definitions: (1) “Activity” or “Activities” means all trail race activities, services, and use of the Facilities provided for or arranged by Olympic Authority including, but not limited to, the Event controlled and organized by Organizer, which I attend or which I participate in on the day of the Event; (2) “Event” means the Organizer’s 2025 Last Man Standing Endurance Race; (3) “Facilities and Equipment” means Mt Van Hoevenberg, including, but not limited to, the use of terrain, trails, and surrounding premises.
2. PARTICIPATION IN THE ACTIVITY AND USE OF THE FACILITIES AND EQUIPMENT INVOLVE INHERENT RISKS THAT CAN RESULT IN SERIOUS PERSONAL INJURY, PROPERTY DAMAGE, OR EVEN DEATH.
3. I knowingly assume all risks of personal injury (including death), and/or property damage, that I and/or my minor child/dependent may suffer, that are inherent to my/our participation in the Activities and use of the Facilities and Equipment. I further acknowledge that I and/or my minor child/dependent are participating in the Activities and using the Facilities and Equipment at my/our own risk, and that Olympic Authority, the State of New York including but not limited to the Department of Environmental Conservation, and any officers, agents, sponsors and employees thereof, bear no responsibility or liability for any injury, damage, or loss to person or property arising out of or resulting from risks that are inherent to my/our participation in the Activities and use of the Facilities and Equipment.
4. I understand that the risks inherent to participating in the Activities and the use of the Facilities and Equipment include, but are not limited to, the following:
a. Muscle tears, strains, sprains, fractures, broken bones, spinal cord injuries, head injuries, cardiovascular complications, high blood pressure, dehydration, dizziness and fainting; injuries from falls; injuries that could occur from steep and narrow trails and roads, impacting man-made and natural obstacles and objects, or being impacted by such obstacles or objects, terrain variations and features, and varying and adverse weather conditions; injuries that could occur from encounters with plants, insects or animals; injuries that could occur from contact with other participants or their personal property; property damage; and risks that independently or in combination can result in sustaining injury, or in rare situations, sustaining injuries that result in death. I acknowledge that it is my responsibility to provide, utilize, examine, inspect and maintain the equipment and clothing necessary for my and/or my minor child/dependent’s safe participation in the Activity and the Event.
5. I further acknowledge and accept that the parking lot areas at the Facilities present additional risks, including but not limited to: injuries from slippery surfaces due to rain; injuries from uneven pavement, potholes, or debris; risks associated with reduced visibility during adverse weather conditions or low light; collisions with other vehicles, bicycles, or pedestrians; injuries from tripping hazards from curbs, parking blocks, or other obstructions; property damage; and risks that independently or in combination can result in sustaining injury, or in rare situations, sustaining injuries that result in death. I agree to exercise caution while exiting and entering my vehicle and while walking in parking areas at the Facilities and acknowledge that I am responsible for my own safety in these spaces.
6. I and/or my minor child/dependent are physically fit and possess the physical strength to meet the responsibilities of a participant in the Activity and user of the Facilities and Equipment. I and/or my minor child/dependent do not suffer from any medical condition that will prevent participation in the Activity or the Event.
7. I will not participate in the Activity or use the Facilities and Equipment while under the influence of alcohol and/or drugs.
8. I agree to observe, read, and abide by any and all notices as may be posted at the Facilities which may pertain to my responsibilities as a participant in the Activity and use of the Facilities and Equipment and to make my minor child/dependent aware of the content of such notices.
9. By signing this agreement I hereby expressly acknowledge my understanding and acceptance of the risks inherent to participating in the Activities and the use of the Facilities and Equipment and agree to assume all the risks inherent to participating in the Activities and my use of the Facilities and Equipment on the date of the Event.
10. If I am signing as a parent or guardian for a child/dependent under the age of 18, I acknowledge and affirm that I have spoken with the child/dependent about the risks inherent in the Activity that such minor child/dependent is participating in on the date of the Event, and I expressly agree to assume the responsibility for making such minor child/dependent aware of such inherent risks.
I UNDERSTAND THAT THIS IS A CONTRACT THAT IS BINDING UPON ME, MY HEIRS AND LEGAL REPRESENTATIVES AND I, THE UNDERSIGNED, HAVE READ, UNDERSTAND AND AGREE WITH THE TERMS OF THIS ASSUMPTION OF RISK AGREEMENT.