Liability Release
On behalf of my son/daughter/ward, I, the parent/guardian, in exchange for the right of my son/daughter/ward to participate in DMSE program(s), hereby release DMSE, its owners, agents, partners, facility providers and employees from liability (including claims based upon negligence) for any and all damages or injuries to my son/daughter/ward or damage of any personal property. I agree to be fully responsible for any and all such damages or injuries which may result directly or indirectly from any negligent acts or activities associated with DMSE. However, I understand that I am not releasing DMSE, its owners, agents, partners, facility providers, and employees from gross negligence, reckless conduct or intentionally tortious conduct. I agree that any claim or dispute regarding this agreement, the literature concerning Deer Mountain Sports and Events Inc., my child’s participating in a Deer Mountain Sports and Events Inc. virtual program, or anything that relates to Deer Mountain Sports and Events Inc. experience itself, shall be resolved exclusively by binding arbitration in Rockland County, New York, according to the then existing commercial rules of the American Arbitration Association. In any such arbitration the substantive (but not procedural) law of the State of New York shall apply. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable.