9) FORCE MAJEURE – Each activity, event, or trip planned by the Club is subject to acts of God, war, government regulation, disaster, civil disorder, or other emergency outside of the Club's control that make it illegal, inadvisable, or impossible for the Club to fulfill its obligations. The Club and its vendors can accept no responsibility for loss, inconvenience, or expense due to sickness, weather, strike, quarantine, delay or change in conveyance, accommodation, or other services, or any other causes. All such losses or expenses will be borne by the participants or members. The Club reserves the right to decline or retain any participant or member of any Club activity, event, or trip, or to cancel or alter any activity, event, or trip if the circumstances require.
With the above in mind, and in consideration and exchange for services rendered and to be rendered by the Club, the undersigned -- for myself and for my heirs, executors, administrators, and assigns -- releases and forever discharges the Trenton Ski Club and any officer, director, trip leader, coordinator, and any member acting on behalf of the Club concerning any and all actions, causes of action, suits, proceedings, debts, or demands that I now have or may hereafter have against the aforementioned by reason of damage, loss, injury, or suffering to my property or person on account of any happening, event, accident, or injury arising by reason of negligence, even though such negligence be careless and reckless; and the undersigned as well agrees that
I will never institute any suit or action at law, equity, or otherwise against the aforementioned, nor prosecute or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action for damages, costs, loss of services, expenses, or compensation for or on account of any damage, loss, inconvenience, or injury to either person or property, or both, whether developed or undeveloped, resulting or to result, known or unknown, that I ever had, now have, or which I or my heirs, executors, or administrators hereafter can or may have for, on, or by reason of any matter, cause, or thing whatsoever arising from or by reason of the functions and activities of the Club.
By signing this agreement the undersigned is aware and agrees that should any personal injury, loss, inconvenience, or damage of any nature, kind, or description arise by reason of any Club activity or function, regardless of the nature of such function or the location where the activity is conducted, the sole recourse that the undersigned has against the Club and any of its members is limited to injury or property damage which results from wrongful conduct which is intentional (but not from conduct that is negligent or even so negligent as to be careless or reckless).
It is further agreed and understood that the undersigned agrees that this release and covenant not to sue shall be construed pursuant to the laws of the State of New Jersey. Any suit instituted against the Club or any of its members by reason of any Club function or activity shall be filed only in the Superior Court of New Jersey, Mercer County, State of New Jersey.
It is further agreed and understood that this release and covenant shall continue in force now and into the future and pertains to all club activities of any nature, kind, or description from the date of its execution until revoked in writing by letter addressed and sent by certified mail to the then secretary or president of the Club.
In witness, whereof, I have set my hand this _____ day of _____________, 20_____.
SIGNED______________________________ WITNESS______________________________
(Signature) (Signature)
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