Toggenburg Article 18

Please read the waiver below and fill out the required fields found in the following form sections. All liability language from the waiver will apply to all persons listed below.

 

 
LIABILITY RELEASE
SKIER RESPONSIBILITIES AND DUTIES New York State General Obligations Law, Article 18, Safety in Skiing Code (Complete law available at ticket purchase area) 
 
Responsibilities of Skiers and Passengers: All passengers shall have the following duties: 
  1. 1. To familiarize themselves with the safe use of any tramway (more commonly referred to as a ski lift) prior to its use.
  2. 2. To remain in the tramway if the operation of a passenger tramway is interrupted for any reason, until instructions or aid are provided by the ski area operator.
  3. 3. To board or disembark from passenger tramways only at points or areas designated by the ski area operator.
  4. 4. Not to eject any objects or materials from a passenger tramway.
  5. 5. To use restraint devices (safety bar on lifts) in accordance with posted instructions.
  6. 6. To wear retention straps or other devices to prevent runaway skis.
  7. 7. Not to interfere with the operation of a passenger tramway.
  8. 8. Not to place or cause to be placed on the uphill track of a surface lift any object which may interfere with its normal operation.
  9. 9. Not to wear loose scarves, clothing, or accessories or expose long hair which may become entangled with any part of the device.
 
All skiers shall have the following duties (Skier's duties on trails and slopes): 
  1. 1. Not to ski in any area not designated for skiing.
  2. 2. Not to ski beyond their (your) limits or ability to overcome variations in the slope, trail configuration and surface or subsurface conditions which may be caused or altered by weather, slope or trail maintenance work by the ski area operator, or skier use.
  3. 3. To abide by (follow) the directions of the ski area operator.
  4. 4. To remain in constant control of speed and course at all times while skiing so as to avoid contact with plainly visible or clearly marked obstacles and with other skiers and passengers on surface operating tramway.
  5. 5. To familiarize yourself (themselves) with posted information before skiing any slope or trail, including all information posted pursuant to Section 54.5 of this Rule, (available at ticket area).
  6. 6. Not to cross the uphill track of any surface lift, except at points clearly designated by the ski area operator.
  7. 7. Not to ski on a slope, trail, or portion thereof that has been designated as "closed" by the ski area operator.
8.Not to leave the scene of any accident resulting in personal injury to another party until such time as the ski area operator arrives, except for the purpose of summoning aid. Locations for Emergency Communications, Summoning Aid, and Reporting Obstacles and Hazards are at the bottom of each lift. Trail conditions log at ticket purchase area only. 
9.Not to overtake another skier in such a manner as to cause contact with the skier being overtaken and to yield the right-of -way to the skier being overtaken. 
10.Not to willfully stop on any slope or trail where such stopping is likely to cause a collision with other skiers or vehicles. 
11.To yield to other skiers when entering a trail or starting downhill. 
12.To wear retention straps or other devices to prevent runaway skis. 
13.To report any personal injury to the ski area operator (at the main Ski Patrol Building) before leaving the ski area. 
14.Not to willfully remove, deface, alter or otherwise damage signage, warning devices or implements, or other safety devices placed and maintained by the ski area operator. 
 
Skiers shall have the following additional duties to enable them to make informed decisions as to the advisability of their participation in the sport: 
1.To seek out, read, review and understand, in advance of skiing a "Warning to Skiers" as specified in Section 54.5, subdivision 1 of this rule. 
2.To obtain such education in the sport of skiing as the individual skier shall deem appropriate to his or her level of ability, including the familiarization with the skills and duties necessary to reduce the risk of injury in such sport. Instruction is available at all times at the base area of the beginner slope except the first and last hours of operation. 
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS ARTICLE THE DUTIES OF SKIER AND PASSENGERS SHALL BE GOVERNED BY COMMON LAW. DRUG AND ALCOHOL POLICY: The use of our facility will be denied to those under the influence of drugs and/or alcohol. 
 
Toggenburg Mountain will refuse service or evict from the premises persons in violation of the above.
 
THEFT OF SERVICE: Falsification of fact in the use of a lift ticket or season pass is punishable under New York State Law. 
 
RECKLESS SKIING: Skiing out of control can create a hazard to one's self and other skiers or otherwise violate Article 18 (a misdemeanor in the town of Fabius). Offender may be required to leave the area and may be denied skiing privileges for a period of time as deemed appropriate by Toggenburg Mountain Management. Skiers must follow posted and oral directions and avoid acts of carelessness that could cause injury. 
 
I agree that all disputes under this contract and/or arising from use of the facilities at Toggenburg Mountain Ski Area shall be litigated exclusively in the Supreme Court of the State of New York, County of Onondaga, or in the United States District Court for the 5th Judicial District of New York. 
 
WARNING TO SKIERS *Downhill skiing, like many other sports, contains inherent risks including but not limited to the risk of personal injury, including catastrophic injury, or death or property damage, which may be caused by variations in terrain or weather conditions; or surface or subsurface snow, ice, bare spots, or areas of thin cover, moguls, ruts, bumps, or other persons using the facilities, or rocks, forest growth, debris, branches, trees, roots, stumps, or other natural objects or manmade objects that are incidental to the provisions or maintenance of a ski facility in New York State. New York law imposes a duty on you to become apprised of, and understand, the risks inherent in the sport of skiing, which are set forth above, so that you may make an informed decision of whether to participate in skiing notwithstanding the risks. New York law also imposes additional duties upon you, to which you must adhere, for the purpose of avoiding injury caused by any of the risks inherent in skiing. If you are not willing to assume all of these risks and abide by all of these duties, you must not participate in skiing at this ski area. Instruction is available at all times at the base area of the beginner slope except the first and last hours of operation. Instruction and education (Article 18) for skier's relative to the risks inherent in the sport, and duties for skiers is available upon request at the ticket purchase area at all times. A complete copy of Article 18 is available at the ski resort. 
 
If you are unwilling to accept the inherent risks in skiing as outlined in the "Skier Responsibilities and Duties" and "Warning to Skiers" do not purchase this package. Possible changes in the law may be made in the future.
 
FREESTYLE TERRAIN: Freestyle terrain areas are designated with an orange oval and may contain jumps, hits, ramps, banks, fun boxes, jibs, rails, half pipes, quarter pipes, snowcross, bump terrain and other constructed or natural terrain features. Prior to using Freestyle Terrain, you are responsible for familiarizing yourself with Freestyle Terrain and obeying all instructions, warnings and signs. Freestyle skills require maintaining control on the ground, and in the air. Use of Freestyle Terrain exposes you to the risk of serious injury or death. Inverted aerials are not recommended. You assume the risk. Freestyle Terrain has designations for size. Start small and work your way up. Designations are relative to this ski area. Smaller features Medium features Larger features Prior to using freestyle terrain, it is your responsibility to familiarize yourself with all instructions and warnings and to follow "Your Responsibility Code." 
1.Freestyle terrain contains man-made and natural terrain variations. 
2.Freestyle terrain changes constantly due to weather and use. 
3.Inspect freestyle terrain before using and throughout the day. 
4.In jumping and using this terrain, you assume the risk of serious injury. 
5.Be courteous and respect others. 
6.One user on a terrain feature at one time. 
7.Never jump blindly - use a spotter when necessary. Look before you leap! 
8.It is your responsibility to control your body on the ground and in the air. 
9.Always clear landing area quickly. 
10.Always ride or ski in control and within your ability. 
 
SPECIAL NOTICE: Toggenburg Mountain is dedicated to promoting slope safety. Please familiarize yourself with the following. TRAIL MARKINGS: Skiers and riders should be advised that a green circle, blue square or black diamond trail at this area is not necessarily the same as a similarly rated trail at another area. The system is a relative system that is valid only at this area. Skiers and riders should work their way up, beginning with the easiest trails no matter what their ability level may be, until they are familiar with the trails at this area. Be advised that all poles and/or flags, fencing, signage and padding on equipment or objects or other forms of marking devices are used by the ski area to inform you of the presence or location of a potential obstacle or hazard. These markers are no guarantee of your safety and will not protect you from injury. It is part of your responsibility under "Skier Responsibilities and Duties" to avoid all obstacles or hazards, including those that are so marked. 
 
LIFT SAFETY: Be advised that you cannot board a lift unless you have sufficient physical dexterity, ability and knowledge to negotiate or to use such lift safely, or until you have asked for and received information sufficient to enable you to load, ride and unload the lift safely. You may not use a lift or any ski trail when under the influence of drugs or alcohol. 
CAUTION: Snowcats, snowmobiles and snowmaking equipment may be encountered at any time. 
SLOW ZONES: Certain areas are designated as SLOW ZONES. Please observe the posted slow zone areas by maintaining a speed no faster than the general flow of traffic. 
HELMET USE: Please educate yourself on the benefits and limitations of helmets. If you choose to wear one, please ski or ride as if you are not wearing one. Every winter sport participant shares responsibility for his or her safety and for that of others using the ski area facilities. 
BACKCOUNTRY WARNING: The ski area assumes no responsibility for skiers or riders going beyond the ski area boundary. Areas beyond the ski area boundary are not patrolled or maintained. 
ALL PERSONS USING THE TOGGENBURG FACILITIES ARE BOUND BY THE REQUIREMENTS OF THE AFOREMENTIONED CODE. ACKNOWLEDGEMENT OF RISK and INDEMNITY AGREEMENT 
  1. 1. I understand that by participating in this program, my child or I will have activities available for our use on the mountain at designated times and locations that may include obstacle courses, terrain parks, half pipes, glade trails, and moguls.
  2. 2. I agree and understand that our participation in these winter activities constitutes a HAZARDOUS ACTIVITY (hereinafter referred to as "Activity"). Further, I recognize that there are risks, including, but not limited to, variations in terrain and surface and sub-surface conditions, natural and man-made terrain features, falls, loss of control, collisions with other skiers or with natural and man-made objects, and aerial maneuvers. I recognize that injuries are a common and ordinary occurrence of the Activity. I hereby agree to freely and expressly assume and accept any and all risks of property damage, injury or death while engaged in the Activity. Further I voluntarily elect to participate in the Activity.
3.I assume all risks which may be associated with and/or result from our involvement in the Activity, and hereby agree to hold harmless, defend and indemnify Togg Holdings LLC from any liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury, including death, that may be sustained by me or my child while engaged in the Activity. 
 
I AGREE AND UNDERSTAND THAT I OR MY CHILD MAY BE USING SKI LIFTS WITHOUT A SKI INSTRUCTOR OR OTHER ADULT SUPERVISION. PARTICIPATION IN THIS PROGRAM DOES NOT IN ANY WAY ELIMINATE THE INHERENT RISKS OF SKIING, RIDING, OR USING THE SKI LIFTS.Acknowledgement of Risk: I understand that I and/or my child will be participating in an inherently dangerous activity and that snow sports are action sports in which accidents and injuries can occur. I authorize Togg Holdings LLC to obtain treatment in the event of an emergency. I agree to be responsible for any injuries and for medical treatment that may result from the program. I agree to indemnify and hold harmless Toggenburg Mountain and its officers, directors and employees against any claims, losses or litigation as the result of these activities. I have received a copy of the Skier Responsibilities and Duties card.Refund Policy Before the Season Begins: a. A person may receive a refund when moving out of the area. A letter indicating transfer from past or present employer is required for verification. b. A person may receive a refund if unable to ski due to a medical reason. A letter from a doctor is required verification. c. A bookkeeping fee of $20.00 will be deducted from the refund amount. d. Please allow at least 30 days for refund. After the Season Starts: a. A person may receive a refund if unable to ski due to medical reasons only. A letter from a doctor is required for verification. The percentage of the refund is as follows: Up to 10 days of operation into the season - 70% Up to 20 days of operation into the season - 40% Up to 40 days of operation into the season - 20% After 40 days of operation into the season no requests will be accepted. b. Refund requests must be submitted within the first 40 days of operation. Refund percentages are determined based on when medical verification is submitted. c. A bookkeeping fee of $20.00 will be deducted from the refund amount. d. Please allow at least 30 days for refund. Rollover Policy Before the Season Begins: a. A person may receive a rollover if unable to ski due to a medical reason. A letter from a doctor is required verification. b. Please allow at least 30 days for rollover. After the Season Starts: a. A person may receive a rollover if unable to ski due to medical reasons only. A letter from a doctor is required for verification. b. Rollover requests must be submitted within the first 40 days of operation. After 40 days into the season no requests will be accepted. c. Please allow at least 30 days for rollover.

 

COVID-19 ASSUMPTION OF RISK

 

I hereby acknowledge the health risks and dangers associated with Coronavirus, COVID-19. COVID- 19 is an extremely contagious virus that spreads easily through person-to-person contact. Federal and state authorities recommend social distancing as a means to prevent the spread of the virus. COVID-19 can, among other things, lead to need for quarantine, severe illness, personal injury, permanent disability, and death. Participating in Toggenburg Mountain programs or accessing Toggenburg Mountain facilities could increase the risk of contracting COVID-19. Toggenburg in no way represents or warrants that COVID-19 infection will not occur through participation in Toggenburg Mountain programs or accessing Toggenburgs facilities.

 

The undersigned agrees to comply with Toggenburg Moutains procedures, rules, and regulations, and with guidance issued by the New York State Department of Health prior to utilizing the facilities, services, and programs. The undersigned fully understands and appreciates both the known and potential dangers of utilizing the facilities, services, and programs of Toggenburg Mountain and acknowledges that use thereof by the undersigned and/or such participating children may, despite Toggenburg Mountains reasonable efforts to mitigate such dangers, result in exposure to COVID-19, which could result in quarantine requirements, serious illness, disability, and/or death.

 

In exchange for participating in the Toggenburg Mountain programs, events and/or use of any of its facilities (collectively, “Participation”), THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR, AND RISK OF ILLNESS, BODILY INJURY, DEATH AND/OR OTHER DAMAGES to the undersigned or such participating children and agree that I am voluntarily waiving, releasing, indemnifying and discharging Toggenburg Mountain and its officers, directors, employees and volunteers for, from and against any and all liability, damages, and each and every action including, but not limited to, exposure to or transmission of the COVID-19 virus (collectively, “Claims”) by Participation associated with or arising out of activities or attendance at Toggenburg Mountain.

 

My signature below is confirmation that I have read and fully understand and acknowledge the contents of this Assumption of Risk document and agree that I am voluntarily waiving, releasing, indemnifying and discharging Toggenburg Mountain and its officers, directors, employees and volunteers for, from and against the Claims described above.

 

 

 



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