NENSA 2022 Liability Waiver
NEW ENGLAND NORDIC SKI ASSOCIATION Acknowledgment and Assumption of Risk and Release (Please read carefully before signing). (UPDATED 1/26/2022)
Please read this risk waiver carefully before signing. Entry into New England Nordic Ski Association (NENSA) events is permitted only for those competitors who have valid risk waivers signed by themselves and, where the competitor is under 18, signed also by their parent or guardian. In consideration of the rights and privileges associated with participation in events organized by the New England Nordic Ski Association, I agree and acknowledge to be bound by the following:
Identification of Risks. I understand that preparation for and participation in cross country skiing competitions (“the Activity”) involves risk of serious injury, including permanent disability, death, and other losses, both to me and my property. I understand that these injuries and losses might result not only from my actions, but from the actions, inaction, or negligence of others. Inherent dangers and risks include, for example, weather conditions such as wind and cold resulting in frostbite, existing and changing snow conditions, collisions with natural and man-made objects and other skiers, variation in terrain and the failure of skiers to ski within their own ability and physical fitness levels.
Assumption of the Risk. I agree that I am responsible for my safety while participating in the Activity, and that such responsibility includes participating in the Activity only: a) when I am both physically and psychologically prepared to participate safely, b) after fully familiarizing myself with the venue before beginning the Activity, including the weather and snow conditions, race course layout and obstacles that a visual inspection would have revealed, and c) while using the equipment of a type and condition reasonably necessary to safely participate in the Activity. I assume all risks connected with responsibility for any injury or loss connected with my participation in the Activity.
Waiver. Aware of the risks and willing to assume them, I hereby waive, release, and hold harmless the New England Nordic Ski Association, and each of those organization’s affiliates, subsidiaries, officers, directors, employees, agents, coaches, trainers, doctors, officials, event organizers or sponsors (“Released Parties”) from all claims by me for any liability, injury, loss or damage in any way connected with my participation in the Activity, except where caused by gross negligence or willful or wanton misconduct of any of the Released Parties. I intend for this waiver and release to also apply to any relatives, personal representatives, heirs, beneficiaries, next of kin or assigns who might pursue any legal action or claim on my behalf.
COVID-19 Risks. I understand that Coronavirus, COVID-19, is an extremely contagious and dangerous virus that spreads easily through person-to-person contact. The CDC recommends physical distancing, face coverings, cleaning and sanitizing procedures, and small group sizes to prevent the spread of the virus. COVID-19 can lead to severe illness, personal injury, permanent disability and death. Even after taking all possible precautions, participating in NENSA programs and events may increase the risk of contracting COVID-19.
Image. I grant permission to NENSA to use my name, and any photograph, video, image, results or record of me from any NENSA event for all purposes NENSA may choose.
Applicable Law. This waiver and release is informed under and is to be interpreted consistent with laws of
the United States of America.
Insurance. I understand that this is my sole responsibility and release all persons and entities from providing this coverage for me. I HAVE READ CAREFULLY THIS WAIVER AND RELEASE, AND HAVING DONE SO I AM SIGNING IT VOLUNTARILY.
Medical Care & Transport: Member authorizes NENSA to obtain medical care for, or transport him/her to a medical facility or hospital if, in the opinion of NENSA, medical attention is required and Member is unable to make such decisions for himself/herself. Member agrees to pay all costs associated with such medical care and related transportation and shall indemnify NENSA of and from any such costs.
The Agreement shall be construed in accordance with, and governed by substantive laws of, The State of Maine, without reference to principles governing choice of conflicts of laws. In addition, Member agree that all lawsuits for personal injury or related loss against NENSA must be maintained in state courts sitting in Maine for federal district courts sitting in the District of Maine, and member consents and agrees that jurisdiction and venue for such proceedings shall lie exclusively with such courts. In the event any portion of this release is found to be unenforceable, the remaining terms shall be fully enforceable.
NENSA CODE OF CONDUCT
Standards of ConductNENSA looks to maintain values of fairness and honor in all aspects of cross-country skiing. To these ends, NENSA expects licensed athletes, coaches, officials, and members of NENSA-sponsored teams to maintain high standards of honesty and sportsmanship by, among other things:
1. Respecting the health and safety of other competitors.
2. Respecting the rules of competitions.
3. Respecting the role of race officials, volunteers, and spectators.
4. Respecting the guidance of coaches and trip leaders on NENSA-sponsored teams and trips.
5. Refraining from disruptive behavior while on a NENSA-sponsored team or trip (such as underage drinking, use of illegal drugs, rowdiness, or repeated non cooperation).
6. Refraining from the use of banned substances in cross-country skiing, racing, and training (See USOC list of banned substances). Subject to the procedures below, serious violations of these standards of conduct can lead to sanctions including suspension or loss of competition license, and in turn may result in being barred from NENSA sanctioned events or suspension or dismissal from NENSA-sponsored teams. Inquiry into any potential violations and sanctions will be made by the NENSA Judicial Committee, in consultation, where appropriate, with the NENSA Program Director, coaches, and leaders of NENSA teams.…See and read full NENSA Code of Conduct HERE
HAVING CAREFULLY READ THE FOREGOING AND UNDERSTANDING IT TO BE A LEGALLY BINDING RELEASE AND INDEMNITY AGREEMENT, *MEMBER SIGNIFIES THEIR ASSENT TO THE ABOVE TERMS BY SIGNING BELOW: *For Clubs, Organizations or Corporations this must be the OFFICIAL LEGAL REPRESENTATIVE who signs on behalf of the organizations BOARD OF DIRECTORS (usually SECRETARY, PRESIDENT OR VICE PRESIDENT)
PARENT OR GUARDIAN SIGNATURE REQUIRED FOR ALL MINOR MEMBERS: As the parent or guardian of the minor Member named above, I hereby make and enter into each and every agreement, representation, waiver and release described above on behalf of myself, the Member, and any other parent of guardian of the Member, intending that they be binding on me, the Member, and our respective heirs, executors, administrators and assigns, I intend to give up my right, the Member’s rights, and the rights of any other parent or guardian to maintain any claim or suit against NENSA arising out of the Member’s participation in any Activities involving NENSA in any way. I believe and represent that I HAVE LEGAL AUTHORITY TO MAKE THESE AGREEMENTS, REPRESENTATIONS, WAIVERS AND RELEASES, AND I AGREE TO DEFEND AND INDEMNIFY NENSA from and against any and all liability arising out of any lack of authority on my part to legally bind the Member, or any unenforceability for any reason the above agreements, representations, waivers and releases made by or on behalf of the Member.
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PLEASE CHECK THE ACCEPT BOX IN YOUR MEMBERSHIP PROFILE IF YOU AGREE TO THESE TERMS