Date Format: YYYY dash MM dash DD
RELEASE OF LIABILITY AGREEMENT, WAIVER OF CLAIMS,
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
BY AGREEING TO THE TERMS OF THIS DOCUMENT YOU WILL WAIVE
CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
PLEASE READ CAREFULLY!
To: Calabogie Peaks ULC, Dickson Interests Inc., Calabogie Peaks Holding Inc. and Jonview Canada Inc. (hereinafter referred to as the “RESORT OWNERS AND OPERATORS”).
In this agreement, the terms “skiing” and “snowboarding” shall include all types of alpine snow sports permitted by the SKI AREA OWNERS AND OPERATORS.
ASSUMPTION OF RISKS
I am aware that activities at the Resort involve risk. Activities include walking, running, hiking, biking, training, skiing, snowboarding, cross country skiing, climbing, scaling, the use of a personal mobility device (including a vehicle, motorized bike, ATV, side by side, gator, amphibious machine, trailbike, groomer, skidoo, or snow machine). The risks, dangers and hazards include, but not limited to: boarding, riding and disembarking ski lifts, failure of ski lifts, changing weather conditions; variation or steepness in terrain, exposed rock, earth, ice, and other natural objects; trees, tree wells, tree stumps and forest dead fall; the condition of snow or ice on or beneath the surface; changes or variations in the terrain which may create blind spots or areas of reduced visibility; changes or variations in the surface or sub-surface, including changes due to man-made or artificial snow and other man made conditions; variable and difficult snow conditions; streams, creeks, and exposed holes in the snow pack above streams or creeks; cliffs; crevasses; snowcat roads, road-banks or cut-banks; impact or collision with lift towers, fences, snow making equipment, snow grooming equipment, snowcats, personal mobility devices, equipment or structures; impact or collision with other skiers, snowboarders or other persons; the failure to walk, run, hike, bike, climb, scale, ski or snowboard safely or within one’s own ability or within designated areas; falls as a result of features in the terrain and maneuvers that I may carry out in terrain; negligence of others and NEGLIGENCE ON THE PART OF THE RESORT OWNERS AND OPERATORS OR ITS STAFF INCLUDING THE FAILURE ON THE PART OF THE RESORT OWNERS AND OPERATORS AND ITS STAFF TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ACTIVITIES AT THE RESORT. I am also aware that the risks, dangers and hazards referred to above exist throughout the Resort and many are unmarked.
I AM AWARE OF THE ABOVE RISKS, DANGERS AND HAZARDS AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
REALEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RESORT OWNERS AND OPERATORS allowing me to engage in activities at the Resort, and permitting my use of its property, including mountain runs, trails, terrain and other areas and facilities (hereinafter referred to as the “Facilities”), I hereby agree as follows:
TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RESORT OWNERS AND OPERATORS and their affiliates and their respective directors, officers, employees, agents, representatives, sponsors, successors and assigns (all of whom are hereinafter collectively referred to as "THE RELEASEES"), and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer resulting from either my use of or my presence of the Facilities or travel beyond the ski area boundary, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWNED UNDER THE OCCUPIERS' LIABILITY ACT, ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to, any third party, resulting from my use of or presence on the Facilities;
3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in the event of my death or incapacity;
4. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction;
5. That any litigation involving the parties to this Agreement shall be brought within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario; and
6.In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to safety other than what is set forth in this Agreement.
I AM AWARE THAT BY AGREEING TO THE TERMS I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.