1. Agreement to Release, hold harmless, indemnify, and defend WPRC and Seven Springs. In consideration of being allowed by the Western Pennsylvania Race Club (WPRC) to participate in the WPRC Program on Seven Springs Mountain Resort premises, I do hereby agree to release, hold harmless, indemnify and defend WPRC, its owners, agents and employees, and also Seven Springs Mountain Resort, Inc. (“Seven Springs”), along with its agents, representatives, employees, and owners, from any and all liability in the form of judgments, settlements, or attorneys fees related to claims, actions or damages without limitation, whether consisting of personal injury, property damage or death that may arise our of or result from participating in skiing, alpine ski racing, boarding, freestyle competitions, or lessons, training, or practice for said activities at Seven Springs Mountain Resort. This promise to release, hold harmless, indemnify, and defend includes claims based in whole or in part of the negligence, gross negligence, or recklessness of WPRC or Seven Springs. I further understand and agree that the Western Pennsylvania Race Club is an independent organization separate and in no way related to Seven Springs Mountain Resort.
2. Agreement to assume risks. I specifically understand and agree that the skiing, boarding, alpine ski races, freestyle competitions, and practice, lessons, and training for such activities which I may engage in at Seven Springs may expose me to risks, both inherent to these activities and not inherent to these activities, that could cause catastrophic injury or death. Said risks include, but are not limited to, traveling at high rates of speed, negotiating race gates, strenuous physical activity, varied and changing surface and subsurface conditions such as snow, ice and slush; changes to features such as jumps, half-pipes, rails, ramps, and boxes due to weather, use, or other factors; encountering features which are designed to allow jumps and aerial maneuvers; misjudging my ability to use features; misjudging take-offs, landings, or my ability to execute aerial maneuvers; failure of my helmet or other protective equipment; falling and striking the surface; collisions with other skiers or boarders; collisions with man-made and natural objects, both padded and unpadded, such as trees, rocks, stumps, buildings, snowmaking equipment, lift equipment, poles, gates, starting area or finishing area structures, and spectators, fences and posts; and, hazards created and/or permitted to persist because of the negligence, gross negligence, or recklessness of WPRC or of employees or agents of Seven Springs Mountain Resort, Inc. (Seven Springs). Understanding the same, I voluntarily and expressly agree to assume the risks involved.
3. Waiver agreement. I acknowledge that it is my responsibility to inspect race courses and freestyle parks/courses prior to use. I further acknowledge that it my responsibility to follow the Skiers’ Responsibility Code, as well as any instructions published by Seven Springs pertaining to use of terrain parks, lifts, race courses, and freestyle competition courses. Instructions are published on Seven Springs ski area maps, brochures, signs, and lift tickets. I agree that if I do not fulfill these responsibilities, I waive my right to bring any claims against Seven Springs or WPRC arising out of or relating to skiing, boarding, alpine ski racing, freestyle competitions, and practice, lessons, or training related to said activities. This waiver includes, but is not limited to, claims based in whole or in part on alleged negligence, gross negligence, or recklessness on the part of Seven Springs or WPRC.
4. Additional terms. I hereby grant WPRC permission to use my photograph, video tape, motion picture or my name, whole or in part, for any legitimate purpose, including website posting.
I further agree to abide by Your Responsibility Code and all ski area policies at all times when using said facility. Repeated violations will result in loss of privileges without warning or refund.
This agreement is governed by the applicable laws of the Commonwealth of Pennsylvania. Any lawsuits arising out of or relating to the activities covered by this Agreement, or the meaning of this Agreement, will be filed in the Court of Common Pleas of Somerset County, Pennsylvania. If any part of this agreement is determined to be un-enforceable, all other parts shall be given full force and effect.
I HAVE READ AND UNDERSTAND THE ABOVE LIABILITY RELEASE AGREEMENT. I FURTHER UNDERSTAND THAT THIS RELEASE IS BINDING NOT ONLY UPON MYSELF BUT UPON MY HEIRS, ADMINISTRATORS, AND EXECUTORS FOR ANY CLAIM THEY MAY HAVE. I EXECUTE THIS AGREEMENT UNDERSTANDING THE CONDITIONS, TERMS AND THE TOTALITY OF ITS EFFECT.
The WPRC Board of Directors supports and enforces compliance with the United States Ski & Snowboard Association (USSA) code of conduct. This code is published as part of the USSA Competition Guide and on the USSA website. As stated in Section 3 of this code, anyone who violates this code may be barred from racing for a period not to exceed 21 days. With PARA's short racing season, this could prove devastating. Longer suspensions may be levied under due process provisions of USSA.
USSA members, including athletes, coaches, officials, and volunteers are expected to conduct themselves in a sportsmanlike manner, and are responsible for actions in competitions, going to and from competitions, and while at areas hosting competitions. Members are also responsible for knowledge of competition rules and procedures. Unsportsmanlike conduct may result in disqualification from an event and possibly prevent you from participating in future events.
This includes (but is not limited to): respect for competition officials, ski area employees, and the skiing public, courtesy and good manners, responsible behavior, no profane language or abusive language, mature conduct, respect for facilities, privileges and operating procedures, and closed areas, and attendance at award ceremonies and receptions.
Consequences of illegal use or possession of alcohol or drugs will be suspension from all WPRC training and races for the remainder of the season not to exceed one calendar year. Suspensions will be determined by the Board of Directors, with appeal, and no refund or reimbursement of fees will be made.