The following Terms and Conditions apply to the use of this Web site as well as all transactions conducted through the site.
- Legal Notice
All notices from Springfield Ski Club at Blandford Ski Area to You may be posted on our Web site and will be deemed delivered within thirty (30) days after posting. Notices from You to Springfield Ski Club shall be made either by e-mail, sent to the address we provide on our Web site, or first class mail to our address at:
P0 Box 158
41 Nye Brook Road
Blandford, MA 01008
Delivery shall be deemed to have been made by You to Springfield Ski Club five (5) days after the date sent.
- Use Of Site
This site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product pricing and availability, may be changed or updated without notice. The Springfield Ski Club at Blandford Ski Area and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if the Springfield Ski Club at Blandford Ski Area believes that customer conduct violates applicable law or is harmful to the interests of the Springfield Ski Club at Blandford Ski Area and its subsidiaries.
- Consumer Agreement
By purchasing a Membership/Seasons Pass and/or tickets you understand that Skiing and Snowboard are hazardous activities, and accept and clearly understand that there are inherent and other risks involved in the sport of skiing for which the pass is to be used. Those risks include, but are not limited to skier collision with padded and unpadded objects including natural and man-made objects or other skiers, varying terrain, weather conditions, ice, maintenance vehicles and many other hazards. You also understand that increased speed means increased danger and risk of injury. As a condition of being permitted to use the ski area premises, you freely accept and voluntarily ASSUME ALL THE RISKS of any injury or property damage, COVENANTS NOT TO SUE and RELEASE The Springfield Ski Club, Inc., its Board of Directors, employees and agents from any and all liability for personal injury or property damage resulting from negligence, conditions of the premises, operations of the ski area, actions or omissions employees or agents of the ski area or from my participation in skiing at the area, accepting myself the full responsibility for any and all such damage or injury of any kind which may result. You further agree to HOLD HARMLESS AND INDEMNIFY the above named persons or entity from any and all liability for death and/or personal injury, medical or other expense or property damage to myself or others resulting in any way from my use of the ski area premises. You further agree that (1) any claim, which you may at any time bring for any reason against The Springfield Ski Club, Inc., its Board of Directors, employees and agents, shall be submitted to the jurisdiction of the State of Federal Courts of the Commonwealth of Massachusetts and that no claims or actions shall be brought in any other jurisdiction; and (2) any claim shall be governed by the law of Massachusetts. By purchasing, you HAVE CAREFULLY READ THIS AGREEMENT, COVENANT NOT TO SUE AND RELEASE OF LIABILITY BETWEEN MYSELF AND THE SPRINGFIELD SKI CLUB, INC., FULLY UNDERSTAND ITS CONTENT AND I SIGN IT OF MY OWN FREE WILL. (If under the age of 18, must be signed by legal guardian when picked up at the office). Season Pass (Membership) Terms and Conditions: 1. SEASON PASS USAGE: Your season pass may not be used by anyone but yourself (transfer, or the attempt to transfer, will result in revocation of the pass without refund, and is punishable under MASSACHUSETTS THEFT OF SERVICES LAW.) If, in the event of a transfer, use by another person, or any other act which in management's opinion constitutes misconduct or misuse of the facilities, management may revoke your season pass without refund. Your season pass must be presented to any authorized Blandford Ski Area representative upon request. It must be displayed on your outer garment at all times when you are in the lift lines, for quick, easy access by ticket checkers. 2. LOST: If you lose your pass, you should immediately report it to the Club Office to prevent misuse. On the first occurrence, a fee of $25 will be charged to replace a lost season pass. The fee for subsequent replacements will be $50. Damaged passes will be replaced at no charge as long as the old one is turned in at the Club Office. 3. FORGOTTEN: On the first occurrence, a fee of $25 or the cost of a lift ticket whichever is less - will be charged for the day or night. For subsequent occurrences, a full-price ticket must be purchased if you forget your pass. 5. AGE: Defined as a person's age as of Dec. 15 prior to the ski season. Proof of age may be checked when the season pass photo is taken. 6. REFUND POLICY: There are NO refunds on season passes, for any reason. 7. EXPIRATION: Winter 12/13 Season Pass expires on the last day of the 2012/13 winter season, or April 1, 2013, whichever comes first.
Corporate Racing Liability Release
LIABILITY RELEASE AND INDEMNITY AGREEMENT
1. I acknowledge that skiing, ski racing and related activities are HAZARDOUS activities and that I have made a voluntary choice to participate in those activities despite the risks that they present. In consideration of my being permitted to participate in the event named above, I agree to ASSUME ANY AND ALL RISK OF INJURY OR DEATH that might be associated with or result from my participation in this event. 2. In consideration of being allowed to participate in the COPORATE Racing League (the “League”) at BLANDFORD. (the "Facility"), the Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows: 1) TO WAIVE ALL CLAIMS that they have or may have against the Facility arising out of the inherent risks of participating in the League; 2) TO ASSUME ALL RISKS INHERENT IN PARTICIPATING IN THE LEAGUE; and 3) TO RELEASE the Facility, its owners, affiliates, officers, directors, employees, agents, and shareholders, from all liability for any loss, damage, injury, or expense that the Participant (or his/her next of kin) may suffer, arising out of the inherent risks of participation in the League, which include, but are not limited to, the instruction received while participating in the League. The Participant acknowledges and agrees that the inherent risks of participating in the League are in addition to those referenced in Massachusetts General Statutes § 29-212. The Participant also acknowledges that this agreement does not, in any way, change the rights or obligations of the Facility or the Participant, as set forth in ,Massachusetts General Laws chapter143,section 71p., other than as set forth in this agreement. Arbitration The Participant hereby agrees to submit any dispute arising from participation in the League to arbitration, for the sole purpose of determining whether the alleged injury arises from a risk inherent in the activities engaged in by the Participant while participating in the League. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the “Panel”), to be chosen by the party-appointed arbitrators. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the District of Massachusetts. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in Springfield, Massachusetts and shall be governed by the Federal Rules of Evidence. The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. In the event that the Panel determines the alleged injury arises from a risk inherent in the Participant’s participation in the League, the claim shall be deemed barred, as a matter of law, and the Participant shall be barred from recovering any compensation from the Facility. In the event that the Panel determines the alleged injury did not arise from a risk inherent in the activities engaged in during the League, the Participant shall proceed to the Superior Court of Massachusetts, or if appropriate, the United States District Court, for the District of Massachusetts, for a trial de novo. 3. Further, I grant permission to BLANDFORD to utilize any photograph, videotape, motion picture, recording or other record of my use of its facilities for any legitimate purpose. 4. In the event of my death or incapacity, this agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives. I have read and understand this agreement and I am aware that by signing this agreement, I am waiving certain legal rights, including the right to sue BLANDFORD, organizers and sponsors of this event and their owners, agents, landowners, affiliated companies and employees.
- Shipping & Delivery
The Springfield Ski Club at Blandford Ski Area at this time, ships merchandise to locations within the United States and U.S. territories, including Alaska, Hawaii, Puerto Rico, Guam, and the US Virgin Islands. Additionally, the Springfield Ski Club at Blandford Ski Area ships merchandise to Canada and Mexico, but not to other international locations. The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier. A Membership Seasons Pass require a photograph of the individual user and will need to be picked up the office for set up and verification.
The Content included in this Web site has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in this Web site. Springfield Ski Club makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Web site or Content, or the suitability, functionality, or operation of this Web site or its Content. By using this Web site, you assume the risk that the Content on this Web site may be inaccurate, incomplete, offensive, or may not meet your needs and requirements. Springfield Ski Club SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND CONTENT. IN NO EVENT WILL Springfield Ski Club BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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The information and content on this server is provided "as is" with no warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the advertiser or manufacturer only, and not by Springfield Ski Club.
The references and descriptions of products or services within the Web site materials are provided "as is" without any warranty of any kind, either express or implied. Springfield Ski Club is not liable for any damages, including any consequential damages, of any kind that may result to the user from the use of the materials on this Web site or of any of the products or services described hereon.
The descriptions of, and references to, products, services and companies on this Web site are the sole responsibility of the companies providing the information ("advertisers"), and not Springfield Ski Club.
The inclusion of material on this server does not imply any endorsement by Springfield Ski Club, which makes no warranty of any kind with respect to the subject matter of the server materials advertised.
A possibility exists that the server materials could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the server materials. Although Springfield Ski Club tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
- Return Policy
You may purchase merchandise from this Web site by using any one of the payment options listed in (link to Payment Options). Springfield Ski Club reserves the right to change its payment procedures at any time without prior notice to you.
VOID WHERE PROHIBITED:
Although the information on this Web site is accessible worldwide, not all products or services discussed in this Web site are available to all persons or in all geographic locations or jurisdictions. Springfield Ski Club at Blandford Ski Area and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this Web site is void where prohibited.
GOVERNING LAW: In the event of litigation both parties agree that the Law of the State of business registration of Springfield Ski Club at Blandford Ski Area shall apply and both parties shall consent to the jurisdiction of said State's courts, or in the event of diversity of citizenship, the United States District Court for the (District). Both parties expressly waive a trial by jury.
MISCELLANEOUS: The Terms and Conditions constitute the entire agreement between you and Springfield Ski Club with respect to this Web site. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Springfield Ski Club with respect to this Web site. No modification of the Terms and Conditions shall be effective unless it is authorized by Springfield Ski Club. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.