Waiver

Event Participant or Volunteer Waiver Form ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS The person who is participating in and/or taking part of any volunteer activity related to the Mount Washington Backcountry Ski Fest (hereinafter “EVENT”), with Synnott Mountain Guides, LLC, and Mt. Washington Backcountry Ski Festival, LLC (hereinafter “HOSTS”), shall be referred to hereinafter as "PARTICIPANT". “THE UNDERSIGNED" means only the PARTICIPANT when the PARTICIPANT is age l8 or older OR it means both the PARTICIPANT and the PARTICIPANT's parent or legal guardian when the PARTICIPANT is under the age of 18. THE UNDERSIGNED agree and understand that assisting with or preparing for the EVENT, taking part in the EVENT and/or any other uses of the facilities associated with the EVENT can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY OR DEATH. THE UNDERSIGNED understand and acknowledge that the EVENT will involve strenuous outdoor activity in wintertime conditions and/or its environs and ASSUMES THE FOLLOWING RISKS: THE UNDERSIGNED agree and understand that risks associated with the EVENT include, but are not limited to: ski or snowboard equipment malfunction; dangerous surface conditions on both snow, water and ice; marked and unmarked obstacles both on land/snow and water/ice; rugged mountainous terrain; slick or uneven terrain, riding and walking surfaces, surfaces covered with ice and snow and mud or pavement; strenuous activity; high elevation; sunburn; sharing facilities and EVENT venues with people directly involved and/or not directly involved in EVENT. PARTICIPANT understands and acknowledges he/she has been informed and understands all EVENT participation rules and regulations. PARTICIPANT is responsible for reading, understanding, and complying with all signage and instructions associated with the EVENT. PARTICIPANT recognizes that he/she must have the physical dexterity and knowledge sufficient to participate in the EVENT and assumes any and all risks associated with the EVENT. RECOGNIZING ALL THE RISKS, PARTICIPANT VOLUNTARILY CHOOSES TO TAKE PART IN THE EVENT. In consideration of allowing the PARTICIPANT to participate in the EVENT, THE UNDERSIGNED hereby agrees to ASSUME ALL RISKS associated with the PARTICIPANT's participation in the EVENT. Additionally, THE UNDERSIGNED agree to HOLD HARMLESS, RELEASE, DEFEND, AND INDEMNIFY, HOSTS, their respective Board of Directors and affiliated organizations and companies, and their insurance carriers, their respective agents, employees, representatives, assignees, officers, directors, and shareholders (each hereinafter a "RELEASED PARTY") for ANY AND ALL LIABILITY and/or claims for injury or death to persons or damage to property arising from the PARTICIPANT's participation in the EVENT, including those claims based on any RELEASED PARTY's alleged or actual NEGLIGENCE OR BREACH OF any express or implied WARRANTY. By signing this release, THE UNDERSIGNED agree that they are releasing any right to make a claim or file a lawsuit against any Released Party. By participating in or attending any activity in connection with this program, whether on or off the premises, THE UNDERSIGNED consents to the use of any photographs, pictures, film or videotape taken of them (or their likeness) or provided by them for publicity, promotion, television, websites or any other use, and expressly waive any right of privacy, compensation, copyright or other ownership right connected to same. THE UNDERSIGNED AGREE TO DEFEND AND INDEMNIFY each RELEASED PARTY for any and all claims of THE UNDERSIGNED and/or a third party arising from the PARTICIPANT's participation in the EVENT. I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS, AND AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OTHERWISE MAY HAVE. MINOR: I am the parent or legal guardian of the minor named. I have the legal right to consent to and, by consenting to this Release, I hereby do consent to the terms and conditions of this Release.

Winter weather in the White Mountains can be harsh and variable; please plan for the weather and snow conditions that might be encountered at higher and colder elevations. Backcountry Festival mountain guides are experienced in managing poor or unforeseen weather that is not conducive to course activity and will hold all courses despite conditions unless dangerous conditions persist. If the weather prohibits a specific course activity, be prepared to take an alternative course as coordinated by the Backcountry Festival.