Uphill Travel Pass
All uphill travelers must obtain an Uphill Travel Pass online by submitting this agreement form or in person at Lincoln Peak's Guest Services. They must also understand the Winter Trail Use Policy and follow the restrictions and recommendations for trail use and uphill access to Sugarbush Ski Resort.
SUGARBUSH UPHILL PASS AGREEMENT
Liability Acknowledgment, Acceptance of Risks and Promise Not to Sue
Forum Selection Agreement
(PLEASE READ CAREFULLY)
WARNING: All forms of skiing, snowboarding, riding, hiking, skinning and/or other alpine activities, including the use of lifts, are hazardous. Falls and injuries are common occurrences, therefore requiring deliberate and conscious control through proper lookout, control, and use of equipment with due regard for ever changing variables and dangers. Safety is directly affected by participant judgment and attention in the severe elements of rough, mountain terrain. Ski or ride only within your ability and follow Your Responsibility Code.
EXPRESS ASSUMPTION OF RISK: I understand and accept that skiing, snowboard, riding, hiking, skinning and/or other alpine activities (hereinafter “winter sports”) in which I may participate at Sugarbush Mountain Resort Inc. dba Sugarbush Resort (hereinafter “Sugarbush”) are hazardous with many inherent risks and resulting injuries or death. In consideration of this, my knowledge and understanding of these winter sports and the benefits, terms, and conditions of my Uphill Pass Agreement (“Agreement”) and being allowed to use the Sugarbush premises to participate in winter sports, I freely and willingly accept and voluntarily assume all risk of property damage, personal injury, or death which occurs at Sugarbush and which results from my participation in such winter sports and the inherent risks of same as they are defined herein. I am fully aware that all forms of winter sports activities are hazardous, filled with high risks and that falls, collisions and injuries can occur in these activities. I accept for myself the full responsibility for any and all damage, injury and/or death that may result.
DEFINITION OF INHERENT RISK: I, on behalf of myself and my heirs, further agree that the phrase “inherent risks” means those risks which are listed in this agreement, or those that can reasonably be inferred therefrom. I also agree that these risks are both obvious and necessary to these winter sports activities. I agree that the inherent risks of winter sports include but are not limited to changing weather conditions; surface and/or subsurface snow conditions as they may from time to time exist and may change or be affected by weather, skier, or participant usage (whether such conditions are surface or subsurface, consist of ice, hard pack, powder, packed powder, wind pack, corn, crust, slush, cut up snow, and/or machine made or machine enhanced snow); other risks and/or conditions including bare spots, forest growth and debris, stumps, trees, streambeds, water and/or water bars, and other such conditions, whether or not they are visible, and/or collisions with such objects; collisions with lift towers, signs, posts, fences, or other enclosures, water and/or air pipes or other manmade structures, and/or their components such as pipes and hydrants used in snowmaking or for other necessary purposes, whether or not these structures are marked, padded, or shielded; collision with well-marked or plainly visible snowmobiles, snow grooming, or other over-snow vehicles or equipment; collisions with skiers, riders, or others; variations in steepness of terrain including but not limited to roads, terrain modifications, features or variations which occur naturally or as the result of slope design, feature design, weather events and/or changes, snowmaking and/or snow grooming operations, and/or participant usage.
RELEASE-PROMISE NOT TO SUE/HOLD HARMLESS: As a condition of being permitted to use the ski area premises, I hereby Promise Not to Sue Sugarbush, their owners, affiliates, employees and agents, and I freely and voluntarily accept all risks of injury, death or property damage occurring thereon. I further PROMISE NOT TO SUE AND RELEASE, Hold Harmless and Indemnify Sugarbush, to the fullest extent allowed by law, from any and all liability for personal injury including death, and property damage including any alleged negligence in the operation of Sugarbush and/or the maintenance of any conditions of its premise, including but not limited to any that arise from my participation in winter sports at Sugarbush and/or encountering of any of the inherent risks defined above.
FORUM SELECTION: I further agree that any dispute arising under this Agreement and/or from my use of the premises or facilities at Sugarbush shall be litigated exclusively in the Vermont Superior Court, Civil Division, located in Washington County, Vermont or the U.S. District Court for the District of Vermont.
I agree that if any portion of this Agreement is determined to be unenforceable by a court of law, then all other parts shall remain in full force and effect and that any remaining provisions shall be binding upon me, my heirs and assigns.
I agree to refrain from misconduct or reckless winter sports activities, acknowledging that the uphill pass may be revoked; and to obey all postings, signage and/or warnings displayed by Sugarbush.
PARENT/GUARDIAN: Any participant under age 18 must have this Agreement signed by a parent or legal guardian. By signing this Agreement, I authorize and consent to my ward or child’s participation in the above described winter sports and acknowledge that I understand that any and all risk whether known or unknown, is expressly assumed, and all claims whether known or unknown are expressly assumed in advance pursuant to the terms hereof. I agree to indemnify all persons and entities identified above, generally and specifically, from any and all liability for death, personal injury or property damage, resulting in any way from my child or ward’s participation in any winter sports noted above. By signing this document on behalf of any minor, I represent and guarantee that I have full authority to do so realizing the full binding effect of this Agreement.
By submitting this form, you acknowledge and agree that you are of legal age, that you have carefully read the Winter Trail Use Policy and this Agreement; that you understand its contents; that you consent with full knowledge of its significance and its binding legal effect; and that you are signing this Agreement only on behalf of yourself and/or your minor child and not anyone else.