PARTICIPATION

ACKNOWLEDGMENT OF RISKS

& BINDING ARBITRATION AGREEMENT

PARTICIPATION, ACKNOWLEDGMENT OF RISKS

& BINDING ARBITRATION AGREEMENT

Registered Participant via RunSignUp.com

 

In consideration of being allowed to participate in an IronHike event, which may include hiking, trekking, running, walking, jogging, physical exertion, camping, and other activities (collectively the “Activities”) operated by IronHike Endurance Productions, LLC (“IronHike”) and occurring at Mohawk Mountain Ski Area, Inc. (“Mohawk”), the Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, hereby acknowledge and agree, to the fullest extent permitted by law, as follows:

 

a) Participation in the Activities involves certain inherent risks. These inherent risks include, but are not limited, to:

(1) uneven terrain,

(2) over-exertion,

(3) dehydration,

(4) collisions with other participants and/or objects,

(5) insect bites (including tick bites), and

(6) the risk of injury and/or death resulting from the inherent risks of participation in the Activities, including but not limited to (1) – (6) above.

It is understood and acknowledged that injuries and/or death proximately caused by any inherent risk of the Activities may result from the actions or inactions of another participant. Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, hereby acknowledge their understanding of the inherent risks and agree to assume the inherent risks of the Activities, including but not limited to those set forth above.

b) The Participant’s participation in the Activities is voluntary, and Participant and their parent(s) or legal guardian(s) have the opportunity to inspect and practice using the equipment and facilities utilized by Participant before any participation;

c) The Participant and their parent(s) or legal guardian(s) certify that Participant has no physical or mental condition that precludes them from participating in the Activities, that they are not participating against medical advice;

d) The Participant and their parent(s) or legal guardian(s) understand that Participant is obligated to follow the rules of the Activities and can minimize their risk of injury by doing so and through the exercise of common sense and by being aware of their surroundings;

e) If, while participating in the Activities, the Participant or their parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or their parent(s) or legal guardian(s) shall remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of IronHike or Mohawk.

 

Photography/Video Release

Participant, and their parent(s) or legal guardian(s) if Participant is a minor, hereby grants to Mohawk and/or Ironhike, their representatives, and employees the right to take photographs/videos of Participant in connection with Participant’s participation in the Activities. Participant, and their parent(s) or legal guardian(s), hereby authorizes Mohawk and/or Ironhike to copyright, use, and publish the same in print and/or electronically. Participant, and their parent(s) or legal guardian(s), hereby agree that Mohawk may use such photographs/video of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web/Social Media content.

 

Parental/Guardian Responsibility

Participant’s parent or legal guardian hereby agrees that they will explain to Participant that the risk of injury to Participant and others while participating in the Activities can be reduced by following the rules and through the use of common sense and good judgment.

 

Binding Arbitration with Mohawk

The Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, hereby agree to submit to binding arbitration any dispute, claim, or controversy, relating to and/or arising from (a) this Participation, Acknowledgment of Risks & Binding Arbitration Agreement, (b) Participant's participation in the Activities, and/or (c) any other interaction between the Participant and Mohawk, including the determination of the scope or applicability of this agreement to arbitrate. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the District of Connecticut. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in Hartford County, State of Connecticut, and shall be governed by the Federal Rules of Evidence and the substantive laws of the State of Connecticut. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. Judgment on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant, Participant’s parent(s) or legal guardian(s), and Mohawk specifically intend this Binding Arbitration provision to survive in the event that any other portion of this Agreement is held invalid. NOTICE TO PARTICIPANT: By signing this Agreement, you are giving up your right to commence litigation against Mohawk in a court of law, and you are giving up your right to a trial by jury.

To the extent that any portion of this Agreement is deemed to be invalid under the laws of the State of Connecticut, the remaining portions of the Agreement shall remain binding and available for use by the Participant, Mohawk, and their respective counsel in any proceeding.

 

Binding Arbitration with IronHike

The Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, hereby agree to submit to binding arbitration any dispute, claim, or controversy, relating to and/or arising from (a) this Participation, Acknowledgment of Risks & Binding Arbitration Agreement, (b) Participant's participation in the Activities, and/or (c) any other interaction between the Participant and IronHike, including the determination of the scope or applicability of this agreement to arbitrate. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the District of Connecticut. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in Ocean County, State of New Jersey, and shall be governed by the Federal Rules of Evidence and the substantive laws of the State of New Jersey. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. Judgment on the Award may be entered in any court having jurisdiction over the parties and controversy. Participant, Participant’s parent(s) or legal guardian(s), and IronHike specifically intend this Binding Arbitration provision to survive in the event that any other portion of this Agreement is held invalid. NOTICE TO PARTICIPANT: By signing this Agreement, you are giving up your right to commence litigation against IronHike in a court of law, and you are giving up your right to a trial by jury.

To the extent that any portion of this Agreement is deemed to be invalid under the laws of the State of New Jersey, the remaining portions of the Agreement shall remain binding and available for use by the Participant, IronHike, and their respective counsel in any proceeding.

 

To be signed electronically at RunSignUp.com

Parents or Guardians must also sign if the Participant is UNDER 18.