OAK MOUNTAIN

ASSMPTION OF RISK AND INDEMNIFICATION AGREEMENT

READ CAREFULLY

THIS AGREEMENT AFFECTS YOUR AND YOUR CHILD’S

LEGAL RIGHTS

1. Voluntary Participation.
I acknowledge that I am/my child is voluntarily participating in the Firetower 5k
and/or Kids’ Fun Run (“event”) at Oak Mountain Ski Area. I have/my child has agreed
to voluntarily participate in the event. I have read the rules and regulations for the event,
understand them, and agree to follow them. I have explained the rules and regulations for
the event to my child in an age appropriate manner and he/she has acknowledged that
he/she understands and accepts those risks.
2. Assumption of Risk.
I understand that this event includes but is not limited competitive running. I
acknowledge that this type of activity is dangerous. I understand that the event includes
risks of injury from, but not limited to, falls, changing weather conditions, variations in
terrain, roots, rocks, debris, collisions with other participants, spectators, and natural and
manmade objects, fencing and other appurtenances, vehicles, and other pedestrians. I/my
child acknowledge that I have had the opportunity to inspect the course before
participating in the event. Fencing, equipment covers, padding, signs, rope lines, and
other marking devices may be in place on the premises and along the course. These
markers will not prevent injury. I understand that it is my/my child’s responsibility to
stay away from marked areas and to remain on the course while participating in the event.
I also understand that there may be natural and manmade hazards which may not be
marked. I acknowledge that the event course will leave Oak Mountain property and will
enter public property including streets and/or sidewalks. I understand that Oak Mountain
has no control or responsibility for the maintenance or repair of property away from Oak
Mountain and that Oak Mountain makes no warranty or representations regarding the
conditions of the course away from Oak Mountain. I acknowledge that I/my child have
sufficient skills to participate in this event safely, and that I/my child will use equipment
that is suitable for participating in the event safely. I am aware that participation in this
event may result in serious injury, property damage, or death from these risks, and I
voluntarily accept such risks on behalf of myself and my child. I have explained the risks
inherent in the event to my child in an age-appropriate manner and he/she has
acknowledged that he/she understands and accepts those risks.

3. Effect on Legal Rights.
I have read this agreement carefully and understand its contents. I have
read this agreement to my child and he/she has acknowledged that he/she understands its
contents. I am aware that the agreement includes an express assumption of risk. I
understand that this agreement may affect legal claims for damages in the event of death
or any injury to me/my child. I acknowledge that any questions I/my child have about this
agreement or the risks inherent in participating in the event have been answered to
my/my child’s satisfaction. I signed this document of my own free will.
4. Indemnification
I further agree for myself, my successors, heirs, assigns, executors and
administrators to indemnify and hold Oak Mountain LLC, its owners, affiliates,
subsidiaries, employees, agents, officers, directors, and successors (“indemnified
parties”) harmless from all claims and suits for personal injuries, death or property
damage arising out of my or my child’s participation in the event and/or my use of the
facilities at Oak Mountain Ski area whether caused by my/my child’s negligence or
otherwise.
5. Controlling Law.
I agree that the terms of this agreement are binding on me/my child, and shall be
governed by the Laws of the State of New York and that all claims arising out of my
participation in the event or this acknowledgement shall be brought in the Supreme Court
of the State of New York, Hamilton County.

Date: __________ Name:__________________ Signature________________________

Witness: _____________________ Parent/Guardian: __________________