KMS Terms, Conditions and Release

Contract Release and Hold Harmless Waiver
Killington Mountain School (KMS) and the parents, natural or legal guardians of the KMS student, program or camp participant, (herein collectively “Attendee”) and Attendee individually (herein also collectively “we,” “us,” “our,” or “you”) agree that the terms, conditions and releases herein, bind us and the Attendee individually, to the following:

  1. Rules and Regulations – We agree that we will uphold and abide by KMS rules and regulations set forth herein and in the Student Handbook.  We recognize and agree that KMS reserves the right to remove the Attendee at any time if KMS determines that Attendee’s industry, progress, conduct, influence on or off campus and/or compliance with the school’s honor codes or KMS Student Handbook is not in keeping with KMS standards.  We further agree that should Attendee be suspended, removed, or legally prohibited from attending KMS, or is withdrawn or removed from KMS for any reason, we will not be released from financial obligations we have committed to by enrolling the Attendee.  In the event that Attendee sustains an injury or illness or is otherwise unable to fully participate in KMS program(s), KMS reserves the right to take such action as KMS deems appropriate, which may include removal of Attendee for the duration of the program(s) or until such time that, in the discretion of KMS, Attendee is allowed back into the program(s). We agree all determinations, such as a violation of the No Tolerance Policy or Social Media Policy, are in the sole discretion of KMS.

  2. Policy on Prevention of Harassment of Attendees and Non-Discriminatory Practice - KMS does not discriminate based on national origin, race, creed, color, or sex in the administration of its educational policies, admissions, scholarships, loans, and other school programs.  We acknowledge having been informed of this policy and provided with both a copy of the KMS nondiscrimination policy and the KMS policy on prevention of harassment and have read and understand the policies. 

  3. No Tolerance Policy - KMS will not tolerate offensive, malicious, reckless, or irresponsible conduct in any form, disparagement based on race or ethnicity, bullying, harassing or other disrespectful behavior, directly or through any social media.  Attendee must treat others with respect.  KMS prohibits the use or possession of illegal drugs or alcohol.  If KMS determines Attendee has violated this No Tolerance Policy, we agree that KMS may take disciplinary action, including Attendees immediate dismissal from KMS.

  4. Social Media PolicyAs a KMS Attendee, and later as a former KMS Attendee, you will be an ambassador of KMS through your use of Social Media.  As such, Attendee agrees to adhere to the No Tolerance Policy in Attendee’s use of Social Media as it may apply.  Disparagement in KMS’s Social Media Policy and No Tolerance Policy includes publications which are defamatory, invade privacy, cast a false light or are false or otherwise misleading or offensive.  We agree that we will not represent that our publications are the views or opinions of KMS or its employees and further agree that should KMS determine that any of our publications have violated this agreement that will be an actionable breach of this agreement and KMS is authorized to require the social media platform to close or block our account.

  5. Governmental Action, RNA Virus, Epidemic or Unforeseeable Circumstances - We understand and agree that in the event the Attendee is withdrawn, dismissed or is unable to attend, limited in attending KMS for any reason, including governmental declaration of emergency resulting in school closures, travel restrictions, rules or other response to a natural disaster, civil unrest, armed conflict, medical pandemic, epidemic, other biosecurity risk or any unforeseeable circumstances, we will work with KMS to continue Attendee in KMS programs as changed to adapt to any situation and understand and agree that in any event we will remain jointly liable for financial obligations to KMS as well as other fees or expenses incurred by KMS. We understand and agree that COVID-19 changed how KMS may be required to operate the school and KMS programs going forward.  We have been informed of and agree to comply with all rules in effect at KMS.  We understand that rules may change or be updated by KMS from time to time without advance notice and we agree we will and must comply with all rules as published by KMS.

  6. Unconditional Joint Obligation - We understand that our agreement to pay tuition and fees (“balance”) is an unconditional joint and individual obligation to pay.  No portion of Attendee’s balance, whether paid or outstanding, will be forgiven or refunded, including in the event of the Attendee’s absence, withdrawal, dismissal from KMS for any reason or Attendee’s inability to attend KMS because of governmental action or for any other reason.  If a balance is due, owed or unpaid, KMS may disallow Attendee from attending classes, examinations, commencement exercises, activities or programs and KMS may withhold Attendee’s transcripts and reports until the balance is paid in full.  Any unpaid balances will accrue 1% interest each month.  We understand and agree that each of us is individually liable to pay the balance and that KMS may collect any unpaid balance and other fees as agreed in § X, Enforcement.  

  7. Attendee’s Account, Charges and Fees - KMS programs, competitions or camps may involve related expenses such as travel, lodging, meals, lift tickets, entry fees and KMS coaches’ expenses, which are calculated on a shared basis, and equally divided between Attendees.  If requested by KMS, Attendees must maintain an account with KMS (“Attendee’s account”) to pay for these Costs or other KMS expenses.  KMS bills all Costs to your Attendee’s account and the funds are withdrawn when billed or invoiced if Attendee’s account has insufficient funds.  KMS also bills Attendee’s account for other costs outlined in the KMS Summary of Expenses or damage to KMS property.  Attendee’s account credit balance may not fall below the balance established for your program.  Attendee’s account may be linked to a bank account for automatic ACH transfer to replenish account.  Payment into Attendee’s account can be made at any time by visiting:  

  8. Financial Aid - By accepting financial aid, we agree to keep the award completely confidential.  The award of financial aid is reviewed annually and may change or be discontinued at any time for any reason.

  9. Medical Coverage and Liability Insurance - Attendee must have and provide KMS with proof of medical insurance coverage.  We will provide KMS with all necessary or convenient health, permission, and medical forms prior to the start of the school year or program.  We also agree to maintain Homeowners or Tenants Liability Insurance, or other liability insurance policy or policies, for ourselves and our Attendee, with a coverage amount of not less than $300,000 (“our insurance”).  We agree that our insurance, and any excess policies, will have a duty to defend and provide primary coverage in any claims or lawsuits against KMS, its agents, employees, directors, volunteers, teachers, coaches, or others working at their request or direction (collectively “KMS”)  which is based in whole or in part on our Attendee’s alleged negligence or conduct (“claims”), notwithstanding that the claims only name KMS, that the Attendee is not named in the claims or that the claims allege a KMS failure, including a KMS failure to supervise the Attendee or other attendees.  We agree KMS insurance coverage for such claims will be secondary to our insurance.  In any event, we agree to defend, hold harmless and indemnify KMS from all costs, expense, and attorney’s fees for the claims.

  10. Enforcement  - We acknowledge, understand, and agree that these Terms, Conditions and Release are a part of our contract with KMS.  If any legal or other action is taken by KMS to enforce the terms of this contract, collect an unpaid balance or for any other reason, we agree to pay all costs of such action incurred by KMS, including attorney’s fees and court costs.

  11. Applicable Law and Jurisdiction - We agree that the meaning, effect and interpretation of this contract and any contract of insurance required by this contract will be determined under the laws of the State of Vermont.  We agree that any actions or proceedings brought by us or by KMS shall only be proper if brought in the Vermont Superior Court, Rutland Unit.  We furthermore agree to submit to the jurisdiction of said court, waive personal service and consent to service of process by other verifiable means including certified mail, return receipt requested.

  12. Release, Waiver and Hold Harmless Agreement and Acceptance of RISKS INHERENT IN THE SPORT - KMS, Killington Ski Club (KSC) and Killington/Pico Ski Resort Partners, LLC, (KPSRP) and any entity released herein includes its agents, employees, directors, volunteers, teachers, coaches, or others working at their request or direction, including in their individual capacities.  By attending KMS or any KMS program, we hereby release and discharge KMS from any claims or causes of action for any reason including, but not limited to claims of negligence which may arise because of any personal injury to the Attendee or death of the Attendee or property damage while in attendance at or enrolled in KMS or participation in any KMS program or activity, including use and training on trampolines, airbags, participation in any sport, or participation in or attendance of or at any sporting events, sports training and sports training camps (including ramps or so called water ramps, or ramps and airbags, used in freestyle training) or sports competitions, including, but not limited to, cycling, snowboarding, skiing or ski-related activities, whether within or outside the United States. We understand that Attendee will also participate, through KMS, in various training, sports, and sport activities through other sports clubs including the KSC or other school or club sports programs, which athletic activities carry a significant risk of personal injury or death.  We agree and accept that there are inherent dangers and risks in sports and training for and participating in sports competitions.  Attendee voluntarily accept those inherent dangers and risks while participating in sports.  We agree that inherent risks which are obvious and necessary risks of sports include, but are not limited to, dangers or conditions which are an integral part of the sport including: changing weather conditions; snow conditions as they exist or may change, such as ice, hard pack, powder, packed powder, wind pack, corn, crust, slush, cut-up snow, and machine-made snow; surface, subsurface or trail conditions such as bare spots, forest growth, rocks, stumps, streambeds, cliffs, extreme terrain, trees or other natural objects, road conditions such as potholes, broken or cracked pavement or pavement under construction and collisions with others and with natural objects; collisions with lift towers, signs, posts, fences or enclosures, hydrants, water pipes, vehicles or other man-made structures and their components; variations in steepness or terrain, whether natural or as a result of slope or trail design, snowmaking or grooming operations, including but not limited to roads, freestyle terrain, jumps, and catwalks or other terrain modifications; collisions with other skiers, snowboarders or cyclists; sudden and unintentional loss of control for various reasons and the unintentional failure of skiers, snowboarders or cyclists  to ski or ride within their own abilities and equipment malfunctions. We agree that training for and participation in competitions adds additional risks inherent in the sport because of increased speed, reduced control, and for other reasons.  We understand that the use of protective equipment such as helmets, back protectors, face masks, shin guards, arm pads or other protective devices may reduce or mitigate the severity of injuries in certain circumstances, but their use is in no way a guarantee of safety.  We further recognize that the use of such protective equipment has limited capability as far as shock absorption and that serious injury, or death can result from both low and high energy impacts, even when the protective equipment is worn.  As a further condition of allowing Attendee in KMS or any KMS program, we freely accept and voluntarily assume the risk of any and all personal injury, death, property damage, medical expense or other expense from participation sports including, but not limited to, biking, snowboarding, skiing or ski-related activities and release KMS, KSC and KPSRP from any and all liability for personal injury or property damage resulting from any cause, specifically including but not limited to negligence, accepting for ourselves full responsibility for any and all such damage or personal injury of any kind which may result and further agree to hold the released parties harmless from any such claim or loss.

Travel Permission and Release - Permission is hereby granted for the Attendee to travel (including abroad) as a part of a KMS program.  This includes permission to be in vehicles, including those owned or leased by KMS.  We hereby release KMS, its employees, coaches and others working with KMS or KSC, including volunteers, from liability for any injuries or damages resulting from travel or use of motor vehicles to the extent such claims are not covered by any automobile liability insurance including uninsured or underinsured coverage.

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