SECTION 1: DEFINITIONS
“Activity” means skiing, snowboarding, ski/ride racing/competition, ski/ride school classes/clinics/lessons, participation in Special Events, hiking, snow-shoeing, ice skating, hockey, and any other use of Club property or facilities, including, but not limited to, the use of the ski hills, freestyle terrain park and features, base area or activities, chairlifts and other conveyances, buildings and premises, food and beverage and retail locations, rental and/or use of equipment obtained from a third party in connection with the Club, use of vehicles, sidewalks, stairways, trails, parking lots, and amusement events or features.
“Agreement” means this “Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement”.
“Club” means Caledon Ski Club Limited &/or 1644696 Ontario Inc. (“Caledon Ski Club”).
“Freestyle Terrain Park” shall include but is not limited to half pipes, quarter pipes, jibs, rails, fun boxes, banks, rollers, takeoffs, landings, ramps, jumps and other features constructed out of a variety of materials both manmade and natural. May contain features rated as per Freestyle Terrain Rating System (S, M, L, XL).
“Releasors” means all participants signing this Agreement, as well as all participants on behalf of whom any signatory below is signing this Agreement, including without limitation to Minor Participants (under age 18). Releasors includes without limitation “you”, “I”, and “me” as used in this Agreement.
“Releasees” means the Club and its directors, officers, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors, and assigns. Releasees shall also include special event sponsors, their directors, officers, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors, and assigns. “Special Event Sponsor” shall include any individual, corporation association, institution, or organization that is associated with a Special Event as an organizer, promoter or advertiser.
“Special Events” means any activity which is organized, conducted or sponsored by the Releasees and shall include, but is not limited to Alpine Racing Programs, Club or other competitions, entertainment, demonstrations and other such events or activities.
SECTION 2: ACKNOWLEDGMENT OF RISKS – PLEASE READ CAREFULLY!
I AM AWARE THAT PARTICIPATING IN THE ACTIVITY INVOLVES MANY ASSOCIATED RISKS, DANGERS, AND HAZARDS, including: boarding, riding and disembarking chair lifts; unpredictable and/or variable snow and/or weather conditions; marked and unmarked obstacles; failure of or hidden defects in equipment; negligent first-aid; negligence of other Activity participants, Releasees, or Releasors, including failure to follow the Skiers’ Responsibility Code, applicable rules policies and procedures, and risks resulting from the NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY DUTY OF CARE BY THE RELEASEES, and the failure by the Releasees to safeguard or protect me from the Activity’s risks, dangers and hazards. I also understand that the other risks of participating in the Activity can include variable and difficult terrain conditions; exposure to the elements; exposure to natural and/or people-made objects; exposure to pollution; exposure to infectious disease, bacteria, or virus, INCLUDING BUT NOT LIMITED TO COVID-19, that results in physical distress, illness or death; as well as the risk of collision or impact with other Activity participants, skiers, riders, spectators, participants, course officials, lift towers, fences, snow making and/or grooming equipment, snowcats, snowmobiles or other vehicles, equipment or structures or objects used in connection with the Activity; collisions and falls during Special Events, snow school or lessons; variable and difficult conditions in the terrain both inside and out; variations in the terrain which may create blind spots or areas of reduced visibility; fatigue; intoxication; becoming lost/separated from the instructors; slipping, tripping, and falling; loss of balance or control; and failure to act safely or within one’s own ability or within designated areas.
THE RELEASOR(S) HEREBY UNDERSTAND, AFFIRM AND AGREE THAT: (i) Falls and collisions occur, and injuries are a common and ordinary occurrence of the Activity; (ii) I have the physical fitness to engage in the Activity and (iii) I SHALL OBEY ALL SIGNS, MARKINGS, AND WARNINGS POSTED AT THE CLUB, AND ALL APPLICABLE LAWS AND REGULATIONS; I am also aware that the risks, dangers and hazards referred to above exist throughout the Club and that many hazards are unmarked. If applicable, I agree to read to, or to have the other Releasors read, and explain to the other Releasors, all posted signs, markings, and warnings.
SECTION 3: ASSUMPTION OF RISK – PLEASE READ CAREFULLY!
I RECOGNIZE AND ACCEPT THE RISKS ASSOCIATED WITH THE ACTIVITY, AND I VOLUNTARILY CHOOSE TO TAKE PART IN THE ACTIVITY AND/OR VOLUNTARILY CHOOSE TO ALLOW THE RELEASORS TO TAKE PART IN THE ACTIVITY.
I ASSUME ANY AND ALL RISK, INJURY, DEATH OR PROPERTY DAMAGE TO ME WHILE ACCESSING THE CLUB OR ENGAGED IN OR AS A RESULT OF MY VOLUNTARY PARTICIPATION IN THE ACTIVITY
SECTION 4: RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
THESE CONDITIONS WILL AFFECT YOUR LEGAL RIGHTS. - PLEASE READ CAREFULLY!
IN CONSIDERATION OF THE RELEASEES PERMITTING MY ACCESS TO THE CLUB AND PARTICIPATION IN THE ACTIVITY, and with knowledge of the risks and dangers involved, I AGREE:
1. I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, that arise or result from in whole or in part, participating in the Activity and, without limitation, claims arising out of or resulting from THE NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY DUTY OF CARE OWED BY THE RELEASEES UNDER THE OCCUPIERS’ LIABILITY ACT;
2. WAIVE ANY AND ALL CLAIMS THAT I HAVE OR MAY HAVE IN THE FUTURE against the Releasees;
3. RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE, AND INJURY AND DEATH INCLUDING ANY CLAIM FOR CONTRIBUTION AND INDEMNITY, that I may suffer from my participation in the Activity DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT AND ANY DUTY OF CARE OWED TO ME BY THE RELEASEES UNDER THE OCCUPIERS’ LIABILITY ACT; and
4. INDEMNIFY AND HOLD HARMLESS the Releasees from any and all liability for any damage to property of or personal injury to, any third party, resulting from my, or my family member or next of kin, use of the Club or participation in the Activity.
5. AGREEMENT BINDING--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;
6. JURISDICTION AND CHOICE OF LAW--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. 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;
7. NO OTHER REPRESENTATIONS - In entering this Agreement, I am not relying on any oral or written representation or statements made by the Releasees other than what is in this Agreement;
8. SEVERABILITY - If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions hereof, and each provision is hereby declared to be separate, severable and distinct; and
9. PHOTO/VIDEO RELEASE - I consent to photographs/video taken of me while accessing the Club and to publication of the photographs/video by the Club and/or Releasees for advertising, promotional and marketing purposes. I release the Releasees from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise which may occur or be produced in the taking of said picture or video and the publication thereof. I also waive any right that I may have to inspect and/or approve the finished product that may be used in connection therewith or the use to which it may be applied.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. I UNDERSTAND THAT THIS AGREEMENT WILL APPLY EVERY TIME I OR ANY RELEASOR ENGAGES IN AN ACTIVITY AT THE CLUB WITHOUT REQUIRING ME TO SIGN AN ADDITIONAL AGREEMENT FOR EACH DAY, EACH SEASON AND/OR EACH ACTIVITY.
Today's Date: April 18, 2021