HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

FOR PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT THE TIME OF REGISTRATION)

PHOTO AND VIDEO RELEASE

I hereby grant Hilltown Youth Theater, Berkshire East Mountain Resort, and Pathfinder Rigging permission to take and use photograph and video images of myself and/ or my child in news releases and promotional materials. These materials may include printed and electronic publications, websites, social media, or other electronic communications. I authorize the use of these images without compensation to me. All negatives, prints, digital reproductions shall be the property Hilltown Youth Theater, Berkshire East Mountain Resort, and Pathfinder Rigging. **(If you DO NOT wish for Hilltown Youth Theater to use your image, please cross out this section out and notify the lead instructor instead of signing below. Thank you.)**

A physical exam performed within the last 18 months is required to be attached to this form - OR - the bottom of this page must be completed and signed by an appropriate medical authority. Immunization records are required to be submitted in the form of an "Immunization Certificate."

I hereby certify that the named camper/staff is physically able to participate in the Camp and that I know of no restrictions, physical impairments, or any other condition, other than noted below, which would limit, in any manner, his or her participation in this program. I hereby give permission for the camp health staff to dispense the prescription medications listed below. I hereby give permission for the named camper/staff to receive emergency medical or surgical treatment and hospitalization if necessary. I understand that every attempt will be made to contact me, or the emergency contact named above, before taking this action. I UNDERSTAND THAT THERE IS RISK OF INJURY TO THE NAMED CAMPER/STAFF AS A RESULT OF CAMP ACTIVITIES, AND KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF SUCH INJURY. I will be financially responsible for any medical attention needed during camp or resulting from an injury received at camp. My medical insurance shall be the insurance coverage for any medical treatment.

ZIPLINE CANOPY TOUR WAIVER & RELEASE

RELEASE ACKNOWLEDGEMENT OF RISKS & HAZARDS: I understand that participating in the zipline canopy tour is a hazardous outdoor activity and it involves the risk of injury to any and all parts of my body. Hazards may include but are not limited to: improper use or malfunction of: zipline cables, support structures or platforms, ski lifts, travel vans, and related equipment used for zip lining. There are natural and environmental dangers including severe weather conditions, insect’s bites, bee’s stings, and encounters with poisonous plants and with area wildlife. I understand there is hiking involved on uneven ground surfaces which contain rocks, tall and slippery grass, bumps and ruts, and steep terrain which include risks of slipping or falling. I understand there are risks of impacting objects or being impacted by objects while participating in this activity. I understand the the actions of me or others, including Berkshire East staff may cause severe or even fatal injuries to me or others. I agree to voluntarily participate in this zipline tour despite the risks involved.

INDEMNITY & HOLD HARMLESS AGREEMENT, RELEASE OF LIABILITY, CONSENT NOT TO SUE: I hereby freely and expressly assume and accept the responsibility for any and all risks of injury or death while participating in this activity or related activities, or while present on Berkshire East premises. I agree to release, forever discharge, indemnify, defend and hold harmless Berkshire East Ski Resort, LLC, (its parent, subsidiary, affiliated and successor companies, real and personal owners, directors, officers, agents, employees, as well as the equipment manufacturers and distributors), from all liability and negligence. This includes any and all losses, damages, costs and attorney’s fees resulting from any and all claims or suits for personal injury, death and/or property damage that may in any way arise out of my participation in this activity regardless of how or by whom or by what the personal injury, death or and/or property damage was caused. I promise not to sue and agree that if anyone is physically injured of property is damaged while I am using the premises, facilities and equipment, I will have no right to make a claim or file a lawsuit for any reason and under all circumstances.

MEDICAL DISCLOSURE AND CONSENT TO NECESSARY MEDICAL TREATMENT: I certify that I am physically fit and have no medical conditions that affect my ability to participate in this tour. I understand that I cannot participate in this activity if I am pregnant or under the influence of drugs or alcohol. I certify that I meet the age requirements and weight restrictions to participate in this zipline tour, (Base Tour: age 7+ and weight range of 50-275 lbs. Mountain Top Tour: age 8+ and weight range of 70-275 lbs. Valley Jump Tour: age 12+ and weight range of 100-260 lbs.) Should a medical emergency arise, I realize I may be far away from emergency rescue and treatment facilities. I give permission to Berkshire East Ski Resort, LLC staff to render first aid and/or call upon Emergency Medical Services, if needed, for my well-being.

AUTHORIZATION FOR USE OF IMAGE & COMMENT: I understand that I may be photographed, video-taped or recorded while at Berkshire East Ski Resort LLC. My images, statements, recorded video or comments may be used without my expressed knowledge or consent by others, including other zip line participants, news reporters, radio or television stations, or by Berkshire East Ski Resort, LLC.

PARTICIPANTS UNDER AGE 18: As parent/guardian signing this agreement for the named minor(s), I acknowledge and agree that I have read the document on behalf of the minor. The minor understands the risks of this activity and agrees to the terms of this agreement. Minors under the age of 18 are not authorized to sign the Zipline Copy Tour Waiver and Release form.

AGREEMENT: I have had sufficient opportunity to read this entire document and certify that I have read and understood it, and I agree to be bound by its terms. I understand that this is a release of liability which will legally prevent me or any other person from filing suit, or making any other claims for damages in the event of personal injury, death or property damage. I have made no misrepresentations regarding my name, age weight or medical condition. I intend this document to be interpreted broadly as permissible by Massachusetts law and understand that it is not intended to assert any claims or defense prohibited by law. I understand that this agreement shall be binding upon my heirs, executors, administrators, and assigns and shall be governed by the applicable laws of Massachusetts. I also understand that if any part of this agreement is determined to be unenforcible, all other parts shall be given full force and effect. I agree that any claims that I may bring shall be submitted to the jurisdiction of the state or warranties, expressed or implied, which have been made to me, which extend beyond the description listed on this form.

Parent’s or Guardian’s Additional Indemnification (must be completed for participants under age 18)

Berkshire East Mountain Resort Mountain Coaster

1. I accept for use, as is, the equipment listed on this form and accept full responsibility for its care while it is in my possession. I agree to RELEASE, FOREVER DISCHARGE, INDEMNIFY, DEFEND and HOLD HARMLESS Berkshire East Ski Resort for all loss or damage I may cause to this equipment, except for reasonable wear and tear to the equipment and I acknowledge and agree that I will be responsible for the repair or replacement, at full retail value, to the equipment listed on this form for any damage other than reasonable wear and tear. Participant agrees that their use of the facility, grounds and participation in activities on or offsite is contingent upon reading all signs and following all verbal and written instructions.

2. I understand that participating in the Mountain Coaster and the use of Mountain Coaster and their associated equipment and facilities, as well as my presence on the premises, are HAZARDOUS ACTIVITIES. I understand that participating in the Mountain Coaster involves risk of injury to any and all parts of my body. I understand that there are numerous risks and dangers inherent in these activities, including but not limited to: unevenness of the ground surface which contains rocks, tall and slippery grass, bumps and ruts, the steepness of the terrain, the configuration of the Mountain Coaster facilities, slipping or falling, impacting objects or being impacted by objects, equipment malfunction, equipment misuse by either the participant or other participants or employees of Berkshire East Ski Resort. There are also natural, mechanical and environmental conditions and risks, associated with Mountain Coaster activities, which independently or in combination with my actions, or the actions of others that may cause severe or even fatal injuries to me or others. I agree that I alone am responsible for my safety while participating in these activities. I understand that having a Berkshire East Ski Resort (BESR) employee present does not lessen the amount or severity of the risks of participating in the Mountain Coaster in an alpine setting. I understand that BESR is not responsible for my safety. I understand and accept that minor injuries may become life-threatening emergencies when alone or far away from others or convenient facilities.

4. I hereby freely and expressly assume and accept the responsibility for any and all risks of injury or death while participating in this activity or related activities, or while present on RELEASEES’ premises, and I agree to RELEASE, FOREVER DISCHARGE, INDEMNIFY, DEFEND and HOLD HARMLESS Berkshire East Ski Resort, its parent, subsidiary, affiliated and successor companies, real and personal property owners, directors, officers, agents, employees, as well as the equipment manufacturers and distributors, hereafter RELEASEES from ALL LIABILITY FOR NEGLIGENCE and any and all losses, damages, costs and attorney’s fees resulting from any and all claims or suits for personal injury, death and/or property damage that may in any way arise out of my participation in this activity, related activities, or my use of the RELEASEES trail system, mountain coaster, passenger tramways, its equipment, or any equipment, its maps and guides, premises, regardless of how or by whom or by what the personal injury, death and/or property damage was caused. I promise not to sue the RELEASEES and agree that if anyone is physically injured or property is damaged while I am using the RELEASEES’ premises, facilities and equipment, I will have no right to make a claim or file a lawsuit against the RELEASEES, for any reason and under all circumstances.

5. I AGREE TO RELEASE, FOREVER DISCHARGE, INDEMNIFY, DEFEND, AND HOLD HARMLESS THE RELEASEES FROM ANY AND ALL CLAIMS, SUITS, COSTS AND ATTORNEYS FEES FOR DAMAGE AND PERSONAL INJURY TO ME OR MY PROPERTY RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE RELEASEES. I UNDERSTAND THAT THE RELEASEES ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OR THEIR OWN NEGLIGENCE, THAT IS, THEIR FAILURE TO USE REASONABLE CARE IN ANY WAY.

6. I understand that this agreement shall be binding upon my heirs, executors, administrators, and assigns and shall be governed by the applicable laws of Massachusetts. I also understand that if any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect. I agree that any claims that I may bring against the RELEASEES shall be submitted to the jurisdiction of the state or federal Courts in Massachusetts and that no claims against the RELEASEES shall be brought in any other jurisdiction. I agree that there have been no warranties, expressed or implied, which have been made to me, which extend beyond the description of the equipment listed on this form.

7. I consent to the use by RELEASEES of any pictures (video and print) for commercial purposes, or otherwise, in connection with these activities, without restriction as to frequency, duration or medium.

8. I understand that permission to use RELEASEES’equipment, trails, transportation and premises is being given to the undersigned participant in exchange for the execution of this Liability Release and Agreement Not to Sue.

9. I have read the above paragraphs and fully understand them. I understand that this is a RELEASE OF LIABILITY, which will legally prevent me or any other person from filing suit, or making any other claims for damages in the event of personal injury, death or property damage. I freely and voluntarily enter into this agreement. I have made no misrepresentations to RELEASEES regarding my name, age, or medical condition. I intend this document to be interpreted as broadly as permissible by Massachusetts law and understand that it is not intended to assert any claims or defense prohibited by law.

To be completed by a parent or legal guardian for participants under age 18

ACKNOWLEDGMENT OF RISKS & HAZARDS: By participating in the above listed event(s), I understand that it is an outdoor activity and it involves the risk of injury to any and all parts of my body. Hazards may include but are not limited to the malfunction or improper use of ski lifts and travel vans. There are hazards of slipping and falling or being struck by chairs while loading and unloading myself on the ski lifts. Other natural and environment dangers including severe weather conditions, insect’s bites, bee’s stings, and encounters with poisonous plants and with area wildlife. I understand there are long hikes involved and I will be walking on uneven ground surfaces which contains rocks, tall and slippery grass, bumps and ruts, and steep terrain which include risks of slipping or falling. I understand that the actions of me or others, including Berkshire East staff may cause severe or even fatal injuries to me or others. I agree to voluntarily participate in this event despite the risks involved.

INDEMNITY & HOLD HARMLESS AGREEMENT, RELEASE OF LIABILITY, CONSENT NOT TO SUE: I hereby freely and expressly assume and accept the responsibility for any and all risks of injury or death while participating in this activity or related activities, or while present on Berkshire East premises. I agree to release, forever discharge, indemnify, defend and hold harmless Berkshire East Ski Resort LLC, (its parent, subsidiary, affiliated and successor companies, real and personal property owners, directors, officers, agents, employees, as well as the equipment manufacturers and distributors), from all liability and negligence. This includes any and all losses, damages, costs and attorney’s fees resulting from any and all claims or suits for personal injury, death and/or property damage that may in any way arise out of my participation in this activity regardless of how or by whom or by what the personal injury, death and/or property damage was caused. I promise not to sue and agree that if anyone is physically injured or property is damaged while I am using the premises, facilities and equipment, I will have no right to make a claim or file a lawsuit for any reason and under all circumstances.

MEDICAL DISCLOSURE AND CONSENT TO NECESSARY MEDICAL TREATMENT: I certify that I am physically fit and have no medical conditions that affect my ability to participate in this event. I understand that I cannot participate in this event if I am under the influence of drugs or alcohol or under the age of 8 years old. Should a medical emergency arise, I realize I may be far away from emergency rescue and treatment facilities. I give permission to Berkshire East Ski Resort LLC staff to render first aid and/or call upon Emergency Medical Services, if needed, for my well-being.

AUTHORIZATION FOR USE OF IMAGE & COMMENT: I understand that I may be photographed, video-taped or recorded while at Berkshire East Ski Resort. My images, statements, recorded video or comments may be used without my expressed knowledge or consent by others, including other event participants, news reporters, radio or television stations, or Berkshire East Ski Resort, LLC.

AGREEMENT: I have had sufficient opportunity to read this entire document and certify that I have read and understood it, and I agree to be bound by its terms. I understand that this is a release of liability which will legally prevent me or any other person from filing suit, or making any other claims for damages in the event of personal injury, death or property damage. I have made no misrepresentations regarding my name, age, or medical condition. I intend this document to be interpreted as broadly as permissible by Massachusetts law and understand that it is not intended to assert any claims or defense prohibited by law. I understand that this agreement shall be binding upon my heirs, executors, administrators, and assigns and shall be governed by the applicable laws of Massachusetts. I also understand that if any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect. I agree that any claims that I may bring shall be submitted to the jurisdiction of the state or federal Courts in Massachusetts and that no claims shall be brought in any other jurisdiction. I agree that there have been no warranties, expressed or implied, which have been made to me, which extend beyond the description listed on this form.

In consideration for Berkshire Rafting, LLC., Berkshire East, LLC, the Schaefer Family, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Berkshire Whitewater”) providing me services and/or equipment to enable me to participate in whitewater/scenic rafting I hereby agree to fully and completely release and discharge from all liability, losses, claims, damages, and expenses, Berkshire Whitewater on behalf of myself, my children, my parents, my heirs, assigns, personal representatives, and estate as follows:

1. I acknowledge that I am embarking upon a whitewater/scenic rafting experience. Rafting, including use of single and double passenger sit-on top kayaks, inflatable kayaks and/or stand-up paddle boards, (hereinafter “Whitewater Crafts”) involves transportation to/from the water, walking/hiking, and rafting. All rafting experiences involve known, unknown, and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand such risks are inherent and common to the rafting experience upon which I am embarking. I recognize these risks, and release and discharge Berkshire Whitewater from all claims. Water is unpredictable and ever changing. Swift moving currents and whitewater rapids will be encountered. I will be bumped, bounced, and shaken. I may be struck by other passengers, paddles, and/or other objects. Whitewater Crafts do capsize. I may be washed overboard (into the water). Accidents can occur getting on and off Whitewater Crafts. I will be exposed to the natural elements, which can be uncomfortable and/or harmful, including but not limited to, sunburn, dehydration, heat exhaustion, heat stroke, heat cramps, and hypothermia. I fully understand death and accidental drowning, while uncommon, are inherent risks of my participation. I also acknowledge there are other dangers in whitewater rafting not specifically listed herein. I acknowledge I am voluntarily embarking upon this experience, recognize these risks, and release and discharge Berkshire Whitewater from all claims. The guides and staff employed by Berkshire Whitewater have difficult jobs to perform and are not infallible. They must make quick decisions in high stress and complex situations. The judgment of guides, guests, the public, or myself may be impaired by the nature of the situations encountered. I understand that guides may misjudge a participant’s fitness, weather, elements, river route, river conditions, the terrain and/or other unknown items. I again acknowledge I am voluntarily embarking upon this experience, recognize these risks, and release and discharge Berkshire Whitewater to include, but not limited to, the negligence of Berkshire Whitewater.

2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate with full knowledge and understanding of these risks.

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Berkshire Whitewater from any and all liability, claims, demands, or causes of action including but not limited to claims for bodily injury, which are in any way connected with my participation in this activity or my use of Berkshire Whitewater equipment or facilities, including any such claims which allege negligent acts or omissions of Berkshire Whitewater.

4. I hereby grant permission to Berkshire Whitewater to make and use for promotion or other purposes, photographic records without recourse or compensation to me.

5. Should Berkshire Whitewater or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs.

6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating or I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my and others’ safety in this activity.

7. I agree that the Commonwealth of Massachusetts has exclusive jurisdiction over all claims I make or is made on my behalf against Berkshire Whitewater, that every claim/suit against Berkshire Whitewater shall be commenced in Massachusetts, and Massachusetts law shall apply in any claim/suit brought against Berkshire Whitewater regardless of any conflict of laws rules of any other jurisdiction.

8. Should any term, part, or provision of this document be determined to be unenforceable, I acknowledge and agree that the remainder of the document shall remain in full force and effect.

By signing this document, I acknowledge that if I or anyone else is hurt or property is damaged during my participation in this activity, I have waived my right to maintain a lawsuit against Berkshire Whitewater.

I am releasing Berkshire Whitewater from all claims.

In consideration of "Minor's Name" being permitted by Berkshire Whitewater to participate in its activities to use its equipment and facilities. I further agree to indemnify and hold harmless Berkshire Whitewater from any and all claims which are brought by or on behalf of Minor and which are in any way connected with such use of participation by minor.

ACKNOWLEDGMENT OF RISKS & HAZARDS : I understand that participating in the Netted Tree House Trail and/or the Aerial Adventure Course, hereafter referred to collectively as “aerial adventure tours” is a hazardous outdoor activity and it involves the risk of injury to any and all parts of my body. Hazards may include but are not limited to: improper use or malfunction of: netted aerial adventure course cables, support cables and parts, supporting trees or platforms, nets, stairs, and related equipment used for the aerial adventure course. There are natural and environmental dangers including severe weather conditions, insect bites, bee stings, and encounters with poisonous plants and area wildlife. I understand there are elements that require me to walk, climb, crawl and navigate uneven surfaces which include risks of slipping or falling and I acknowledge that I am fit enough to climb up and down a short vertical staircase and maneuver the various elements of the course. I understand there are risks of impacting objects or being impacted by objects while participating in this activity. I understand that the actions of me or others, including Berkshire East staff may cause severe or even fatal injuries to me or others. I agree to voluntarily participate in this netted aerial adventure course despite the risks involved.

INDEMNITY & HOLD HARMLESS AGREEMENT, RELEASE OF LIABILITY, CONSENT NOT TO SUE: I hereby freely and expressly assume and accept the responsibility for any and all risks of injury or death while participating in this activity or related activities, or while present on Berkshire East premises. I agree to release, forever discharge, indemnify, defend and hold harmless Berkshire East Ski Resort LLC, (its parent, subsidiary, affiliated and successor companies, real and personal property owners, directors, officers, agents, employees, as well as the equipment manufacturers and distributors), from all liability and negligence. This includes any and all losses, damages, costs and attorney's fees resulting from any and all claims or suits for personal injury, death and/or property damage that may in any way arise out of my participation in this activity regardless of how or by whom or by what the personal injury, death and/or property damage was caused. I promise not to sue and agree that if anyone is physically injured or property is damaged while I am using the premises, facilities and equipment, I will have no right to make a claim or file a lawsuit for any reason and under all circumstances.

MEDICAL DISCLOSURE AND CONSENT TO NECESSARY MEDICAL TREATMENT: I certify that I am physically fit and have no medical conditions that affect my ability to participate in this tour. I understand that I cannot participate in this activity if I am pregnant or under the influence of drugs or alcohol. I certify that I meet the age requirements and weight restrictions to participate in this aerial adventure tour: netted Tree House Trail, minimum age of 3, maximum weight 275 pounds; Aerial Adventure Course, minimum age of 7, minimum height of 55 inches, minimum weight of 55 lbs., maximum weight of 275 lbs. Should a medical emergency arise, I realize I may be far away from emergency rescue and treatment facilities. I give permission to Berkshire East Ski Resort LLC staff to render first aid and/or call upon Emergency Medical Services, if needed, for my well-being.

AUTHORIZATION FOR USE OF IMAGE & COMMENT: I understand that I may be photographed, videotaped or recorded while at Berkshire East Ski Resort. My images, statements, recorded video or comments may be used without my expressed knowledge or consent by others, including other participants, news reporters, radio or television stations, or Berkshire East Ski Resort, LLC.

PARTICIPANTS UNDER AGE 18: As parent/guardian signing this agreement for the named minor(s), I acknowledge and agree that I have read the document, and am signing this document on behalf of the minor. The minor understands the risks of this activity and agrees to the terms of this agreement. Minors under the age of 18 are not authorized to sign the netted aerial adventure course Waiver and Release form without their parent or legal guardian signing on their behalf.

AGREEMENT: I have had sufficient opportunity to read this entire document and certify that I have read and understood it, and I agree to be bound by its terms. I understand that this is a release of liability which will legally prevent me or any other person from filing suit, or making any other claims for damages in the event of personal injury, death or property damage. I have made no misrepresentations regarding my name, age, weight or medical condition. I intend this document to be interpreted as broadly as permissible by Massachusetts law and understand that it is not intended to assert any claims or defense prohibited by law. I understand that this agreement shall be binding upon my heirs, executors, administrators, and assigns and shall be governed by the applicable laws of Massachusetts. I also understand that if any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect. I agree that any claims that I may bring shall be submitted to the jurisdiction of the state or warranties, expressed or implied, which have been made to me, which extend beyond the description listed on this form.

By signing this document, I acknowledge that if I or anyone else is hurt or property is damaged during my participation in this activity, I have waived my right to maintain a lawsuit against Berkshire East Ski Resort, LLC. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.

I am releasing Berkshire East Ski Resort, LLC from all claims.