ON SITE EATERIES: We have limited amount of timed reservations available at our Slayton Pasture Cabin. Take out is also available with an outdoor fire pit to warm you up. We also have our Kaffeehaus Deli and Bakery, Bierhall and Lounge for those looking for an apres ski meal or drink.
TRAIL USE: The term “trail use” shall include all activities, services, and use of facilities either provided by or arranged by the Owners and Operators or in a way related to the riding of bicycles, skiing, and/or hiking including but not limited to: orientation and instructional session, accommodation in addition to skiing, hiking, & bicycling, loading, unloading and travel in or movement around the Outdoor Center.
Assumption of Risks, Terrain, Wilderness Travel, Weather, Etc.
I am aware that skiing, hiking, & mountain biking involve risks, dangers, and hazards in addition to those normally associated with these sports. I acknowledge and accept that the Trapp Family Lodge and their staff may fail to predict whether the terrain is safe for these sports. The terrain used for these activities is uncontrolled, unmarked, not inspected and involves many risks, dangers, and hazards. These may include, but are not limited to: ice and snow; trees, tree wells and tree stumps; creeks; rocks; boulders; forest deadfall; holes and depressions, cliffs; variable conditions; crevasses; road banks, fences, and other man made structures; impact or collision with other skiers, hikers, or riders; the failure to ski, hike, and/or bicycle safely or within one’s own ability or within designated areas; negligence of other participants; and negligence on the part of the Trapp Family Lodge, their guides and other employees, including the failure of the Trapp Family Lodge and employees to safeguard or protect me from the risks, dangers, and hazards of mountain biking. Communication in mountain terrain is difficult, and in the event of an accident, immediate rescue and medical treatment may not be available.
I am aware of the risks, dangers, and hazards associated with these sports and I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting there from.
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration of the Trapp Family Lodge allowing me to participate in mountain biking, skiing, or hiking and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1) To waive any and all claims that I have or may have in the future against the Trapp Family Lodge and their employees and assigns (all of whom are hereafter collectively referred to as the “releasees” and to release the Releasees from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer as a result of my participation in trail sports, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATORY OR OTHER DUTY OF CARE, ON THE PART OF RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AN HAZARDS OF ALL SPORTS REFERRED TO ABOVE;
2) To hold harmless and indemnify the Releasees from any and all liability for any property damage or personal injury to any third party resulting from my participation in mountain biking, hiking, and/or skiing;
3) That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4) This Agreement and any rights, duties, and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Vermont without regard to conflicts of law principles thereof; and
5) Any litigation involving the parties to this Agreement shall be brought solely within the State of Vermont and shall be within the exclusive jurisdiction of the Courts of the State of Vermont.
6) The equipment, at all times, remains the exclusive property of the bicycle shop. The renter is responsible for damage to or loss of the equipment. If the equipment is lost, destroyed or damaged beyond repair in the judgment of the bicycle shop, the renter agrees to pay the bicycle shop the value of the bicycle. All repairs needed as a result of the use of the equipment will be performed at the normal labor rates and the cost of such repairs, including all parts, shall be paid by the renter.
In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of mountain sports, other than what is set forth in this Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY RENTING EQUIPMENT AND FILLING OUT MY PERSONAL INFORMATION I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.