NEW ENGLAND NORDIC SKI ASSOCIATION 2009 TD BANKNORTH BILL KOCH LEAGUE FESTIVAL

WAIVER AND RELEASE OF LIABILITY

In consideration for the rights and privileges associated with my child's participation in the New England Nordic Ski Association 2009 TD Banknorth Bill Koch League Festival (the “Festival”), I acknowledge and agree to be bound by the following:

1. Identification of Risks. I understand that participation in any skiing activity, including but not limited to, preparation for, participation in, and coaching of activities in cross-country ski competitions and clinics, involve risk of serious injury, including permanent disability, death and other losses, due to inactions or negligence of myself, my child, or others.

2. Assumption of the Risk. I agree that I am responsible for my and my child's safety while participating in activities associated with the Festival, and that such responsibility includes participation only a) when I and my child are both physically and psychologically prepared to participate safely, b) after fully familiarizing myself and my child with the venue before beginning the activity, and c) while using the equipment of a type and condition reasonably necessary to safely participate.  I assume on behalf of myself and my child all risk of injury or loss connected with my child's participation.

3. Waiver. Aware of the risks and willing to assume them, I hereby release and agree to hold harmless the New England Nordic Ski Association (NENSA), Notchview Reservation, the Trustees of Reservations, and Berkshire Trails Nordic Ski Club, and each of their officers, directors, employees, agents, coaches, trainers, doctors, officials, volunteers, affiliates, event organizers, sponsors, owners of property and trails used by me (cumulatively, the “Released Parties”) from loss, injury, or death to myself, my child, or to any other person, or other damage to person or property resulting from my participation in events and competition and any related activities including, without limitation activities in connection with sponsorship, organization or execution of any event and travel to and from such event, whether I or my child may participate as an athlete, coach, volunteer, spectator, or in any other manner associated with the Festival. This release is intended as a waiver of any claim I or my child may have whether based upon negligence, breach of warranty, contract or other legal theory, against any of the above Released Parties, accepting myself the full responsibility for any such loss, injury, death or damage which may result. I intend for this release to also apply to my relatives, personal representatives, heirs, beneficiaries, next of kin, and assigns. If any part of this agreement is determined to be unenforceable, all other parts shall be given full force and effect. This waiver does not release acts of gross negligence or willful and wanton misconduct of any party.

4. Insurance. I currently have, and agree to maintain throughout the time that I or my child train and compete, valid and sufficient medical and accident insurance. I understand that this is my sole responsibility and release all persons and entities from providing this coverage for me or my child.

5. Image. I grant permission to NENSA and to the Festival to use my or my child's name, and any photograph, video, image, results or record of me or my child for all purposes NENSA or the Festival may choose.