I agree and accept all of the inherent risks that come with skiing. In the event that the Panel determines Participant’s alleged injury arises from a hazard inherent in the Participant’s participation in the sport of skiing or snowboarding, Participant’s claim shall be deemed barred, as a matter of law, and the Participant shall be barred from recovering any compensation from Tussey Mountain. In the event that the Panel determines that Participant’s alleged injury did not arise from a hazard inherent in the sport of skiing or snowboarding, the Panel must next determine whether Tussey Mountain was negligent and if so, whether Tussey Mountain's negligence was a proximate cause of Participant’s injury. If the Panel determines that either Tussey Mountain was not negligent or that any negligence on its part was not a proximate cause of the Participant’s injury, then the Panel must enter an award of no responsibility for Tussey Mountain & Participant shall be barred, as a matter of law, from any recovering any compensation from Tussey Mountain. However, if the Panel finds that negligence on the part of Tussey Mountain was a proximate cause of Participant’s injury, the Panel must then determine whether Participant was negligent and whether Participant’s negligence contributed to his/her injury. The Panel shall assign a percentage of negligence for both Tussey Mountain and Participant, which must equal 100%. If the Participant’s allocation of negligence exceeds 50%, Participant’s claim shall be deemed barred, as a matter of law, and the Participant shall be barred from recovering any compensation from Tussey Mountain. However, if Participant’s allocation is less than 50%, then the Panel shall determine dollar amount for any damages that have been proven that will fairly compensate the Participant for his/her injury. The Panel shall then multiply the dollar amount of any such damages by the percentage of negligence found on the part of Tussey Mountain. The resulting number shall be the Panel’s compensation award for Participant’s injury. The Federal Rules of Evidence shall apply to the arbitration proceeding unless the parties otherwise agree. Tussey Mountain is not liable for any injuries including broken bones, sprains, concussions, or even death. If you agree please check the box below and if you under the age of 18 please have a parent or guardian check the box below. *
