Release of Liability and Hold Harmless Agreement
I, and all members of my family, fully understand that the BOCA SKI CLUB and its Board Members (hereinafter referred to as the “Club”) acts only as a coordinator of any ski trips or other Club activities, and is not a Seller of Travel Services as defined by Florida Statutes Chapter 559, as amended, or any similar Federal or State statute or regulation. As such, the undersigned, on behalf of him/herself and all members of his family, understands that the Club, as a trip coordinator, accepts no responsibility for the services or products of any person, ski area, airline, motor coach, hotel, insurance company, ski rental company, mountain resort, or organization whatsoever rendering any of the services or accommodations being offered on any trip. Ski trip and other activity fees are based upon current tariffs and are subject to change without notice. The Club accepts no responsibility, in whole or in part, for any delay, delayed departure or arrival, missed air travel or other carrier connections, loss, damage, or injury to person or property, or any mechanical defect or failure of any nature whatsoever, or for any substitution of lodging or a common carrier with or without notice, or for any additional expenses occasioned thereby. Neither the club nor the Trip Leader assumes any responsibility or liability for any alterations or changes made to the published trip itinerary requested by or made by a member or a third party. The Trip Leader may assist with this type of request but will not be held liable for such changes. The member assumes all responsibility for all variations from the published trip. Baggage fees (and any other additional airline charges) are not included in trip price. The club is also not responsible for any flight changes that may be made. None of these items are in the Boca Ski Club’s control and they are not included in the trip price. I/we fully understand that the Club is a voluntary association run by volunteers only, who are not professionally trained in conducting ski trips or other Club activities. As such, by participating in any such trip or Club activity, I/we do not rely upon the expertise of any Director, Officer, Trip Leader, Activity Coordinator, or any of the Assistants on any such trip. I, and all members of my family, hereby expressly acknowledge that snow riding and similar activities are inherently dangerous, and we hereby acknowledge the hazards inherent to the sport of snow skiing or snow boarding, and hereby assume all risk of injury or damage incident to such activity. As such, I/we hereby agree that I/we are solely responsible for our personal safety and conduct, and that as a participant, my family and I hereby jointly and severally absolve, release, waive, and forever discharge any and all liability, claims, or demands against the BOCA SKI CLUB, INC. and The Florida Ski Council, Inc., and any of its Officers, Directors, Agents, Trip Leader, and Assistant Trip Leaders which may arise out of or otherwise be related to any injury, damage, or pecuniary loss by reason of any such Club membership or activity or participation in said organization. In further consideration for the mutual benefit derived from the joint participation by membership in the Club, and participation in Club related activities, I/we fully understand that I am responsible for meeting all payment deadlines and obligations to the Club in a timely fashion. Should I/we miss any departure, I/we understand that I may not be able to recover any part of my/our trip or activity payment. Furthermore, I, and my family members, hereby agree that the Club shall not be responsible for either myself or any member of my family who is denied entry into any state, territory, providence, or country because of any prior criminal convictions, civil offences, or by reason of any rules or regulations propagated by the US Department of Immigration and Naturalization Services including, but not limited to, laws and regulations governing the issuance and renewal of US Passports and/or Travel Visas. Each member is responsible for knowing, understanding and meeting any TSA and passport requirements as well as any other travel requirements for international travel. Furthermore, I agree to indemnify and hold harmless the Club, its Officers, Directors, Agents, Trip Leader, and Assistant Trip Leaders from any and all loss for expenses incurred by or attributable in any way with any ski trip or other Club sponsored activity. I/we agree to abide by the By-Laws, Rules, and Regulations of the Club and the Trip Leaders in connection with any ski trip or other Club activity. Furthermore, should any dispute arise out of my Club membership or participation in any Club sponsored activity or trip, then both the Club and I agree to submit any such dispute for resolution to binding, mandatory arbitration before the American Arbitration Association (AAA) to which we agree that the then current edition of the Commercial Rules of Arbitration of AAA shall apply. Each party shall bear their own cost and expenses incident to said arbitration proceedings. I/we further agree that the Venue for any such arbitration proceedings shall be Palm Beach County, Florida unless otherwise agreed in writing by the parties. I/we further agree that Florida law shall apply to any dispute arising out of or incident to this Agreement.
I HAVE READ THE FOREGOING RELEASE AND HOLD HARMLESS AGREEMENT, AND AGREE, ON BEHALF OF MYSELF AND MY FAMILY, TO BE BOUND BY THE TERMS AND CONDITIONS THEREOF.
ALL MEMBERS OVER EIGHTEEN (18) YEARS OF AGE MUST SIGN.