Every customer of, or visitor to, Pine Lodge must read and complete this Waiver before being on the Club’s property and before participating in Club Activities (as defined below). RELEASE OF LIABILITY, WAIVER OF CLAIMS, WARNING, ASSUMPTION OF RISK, INDEMNITY AND CONSENT TO MEDICAL TREATMENT/TRANSPORT AGREEMENT BY SIGNING THIS AGREEMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. THE EFFECT OF THIS AGREEMENT MAY VARY FROM JURISDICTION TO JURISDICTION. PLEASE READ CAREFULLY! 1. Understanding: I understand that this Waiver is made for the benefit of Hotel Pine Lodge (9220 0807 Quebec Inc) and each of its directors, officers, employees, volunteers, coaches, officials, lessees, and agents (collectively, the “Club”). I am a Customer of the Club regardless if I pay to participate in Activities of the Club, am a guest at the Club or if I am visiting the Club (all the “Customer”). I acknowledge that if I am accompanied by a minor then I confirm that all statements made herein are being made on behalf of such minor and are complete and truthful.
2. Risks: I understand that there are inherent risks (“Risks”) associated with the use of the Club’s facilities, and participation in sports, fitness, instruction, food & beverage services, and all other activities, services, programs or events provided or organized by the Club (the “Activities”).
3. I AM ADVISED THAT THE CLUB OFFERS A VARIETY OF ACTIVITIES, SUCH AS SNOWSHOEING, TUBING, SKI TOURING AND BASE AREA ATTRACTIONS, IN WHICH ONE CAN PARTICIPATE. TO PARTICIPATE IN SUCH ACTIVITIES A SEPARATE AGREEMENT MAY BE REQUIRED. I, on my own behalf and on behalf of all Releasors, understand, accept and agree that the Activities involve numerous hazards and risks including, but not limited to, unpredictable and/or variable snow and/or weather conditions, extreme cold, frostbite, hypothermia, high elevation, wildlife and domestic animal encounters, exposure to the elements, lack of shelter, falling trees and limbs, marked and unmarked obstacles, natural or manmade features or objects, snow immersion, deep snow conditions, tree wells, unstable ice and snow, including but not limited to slides and avalanches, slick or uneven walking surfaces,changes or variations in terrain or snow conditions, surface and subsurface conditions, rugged mountainous terrain, cliffs, collisions with other skier, snowshoers and participants, snowmobiles, snowmaking and snow-grooming equipment or other vehicles or property, operation of snowmaking equipment which may create blind spots or areas of reduced visibility, structures, acts of other skiers, snowshoers, tubers and skaters and participants, carelessness and misjudgments on the part of other participants, Releasors, or Club staff, including failure to follow applicable rules, policies and procedures, any conveyances which may involve entanglement with equipment, objects, or other skiers, snowshoers, tubers and skaters and participants, errors in loading/unloading, and equipment malfunction or breakdown. I, on my own behalf and on behalf of all Releasors, understand, affirm, and agree that I/we: (i) have the physical fitness and dexterity and the knowledge required to safely load, ride any conveyances; (ii) falls and collisions occur and injuries are a common and ordinary occurrence of the Activities; (iii) shall obey all signs, markings and warnings posted at the Clubt, and all applicable laws and regulations; (iv) shall not enter a “CLOSED” area and understand that entering or skiing or snowboarding in a “CLOSED” area may be illegal and/or result in revocation of the Pass; (v) skiers, snowshoers, tubers and skater off of designated trails, may be more dangerous to me and others than skiing or snowboarding on designated trails; (vi) there are risks involved in decision-making and conduct of other skiers, snowboarders and participants, and Club’s staff, involved with the Activity, including, but not limited to, the risks involved with rescue operations and/or medical care conducted or provided by Club staff or third parties inside or outside of Club boundaries, risks associated with decisions made by Club staff to open and/or close terrain, and the risk that an instructor/guide/coach may misjudge weather, trail conditions, route/terrain selection, or some aspect of Releasor’s abilities, conditioning, mental, emotional or physical condition that may make a certain portion of the Activity appropriate or inappropriate for the Releasor; and (vii) snowmobiles, sno-cats, snowmaking and snow-grooming equipment or other vehicles or property, structures or signage may be encountered at any time and that I/we must be alert for and avoid these. Further, I/we accept the responsibility of maintaining deliberate and conscious control at all times while skiing or snowboarding. I agree to read to, or to have Minor or other Releasors read, and to explain to Minor or other Releasors, if necessary, the CODE OF CONDUCT and all posted signs, markings, and warnings, including instructions on the use of gondolas, chairlifts and moving carpets.
4. ASSUMPTION OF RISK, WAIVER, RELEASE, AGREEMENT NOT TO SUE, AND INDEMNIFICATION TO THE FULLEST EXTENT PERMITTED BY LAW and in consideration for the Club issuing the Pass(es) and permitting me and all Releasors to participate in the Activities, and with knowledge of the risks and dangers involved, I AGREE on my own behalf and on behalf of all Releasors to: (1) ASSUME ANY AND ALL RISK OF PROPERTY DAMAGE, INJURY OR DEATH to me and all Releasors while engaged in, or as a result of participating in any Activity; (2) WAIVE, RELEASE, and NOT SUE, MAKE ANY CLAIM OR FILE ANY ACTIONS against the Club, Hotel Pine lodge (9220 0807 Quebec Inc) and each of their owners, operators, parents, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, employees, volunteers, agents and insurers as well as any Activity sponsor (the “Released Parties”) that are based on, arise or result from in whole or in part, use of the Pass, participation in any Activities and administration of Care and without limitation claims arising out of or resulting from ALLEGED OR ACTUAL NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF WARRANTY BY ANY OF THE RELEASED PARTIES; (3) INDEMNIFY, DEFEND AND HOLD THE RELEASED PARTIES HARMLESS from any and all claims, demands, actions, causes of action, losses or liabilities whatsoever arising from or related to participation in any Activity and any loss, damage or injury, including death, that may be sustained by me or any of the Releasors or caused to others or their property by me or any of the Releasors, or brought by me or by the Releasors. I agree to pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Released Party in defending an investigation, claim or suit brought on my or any Releasors behalf as a result of my or any Releasor’s participation in an Activity. I understand and agree that by accepting this Agreement on behalf of any person other than myself, I am representing and warranting that I am legally authorized to execute this Agreement as either the parent or legal guardian of that person and/or Minor Participant(s), or that I have been given the express authority and permission from that other person to accept the terms and conditions of this Agreement on each of their behalf, and I further understand that by doing so I agree to PERSONALLY INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties from and against any and all claims brought by or on behalf of the Minor Participant(s), or any person on whose behalf I have executed this Agreement, should they refuse to accept or carry out the terms and conditions of this Agreement. 5. Application: I agree that this Waiver shall remain in full force and effect for all visits by me to the Club whenever they occur and that entry onto the Club property is conditional upon agreeing to the terms of this Waiver.
6. Governing Law: In consideration for accessing the facilities of the Club, I agree on behalf of myself and all Releasors that to the fullest extent permitted by law ALL claims arising from or related to any Activity, including for injury to person or property and/or death and this Agreement shall be GOVERNED BY THE LAW OF THE PROVINCE OF QUEBEC, without regard to any conflicts of law principles, and that EXCLUSIVE JURISDICTION shall be the relevant court in the judicial district of St-Jérôme in the Province of Quebec. I VOLUNTARILY AND IRREVOCABLY WAIVE ON BEHALF OF MYSELF AND ALL RELEASORS ANY OBJECTION TO SUCH LAW AND JURISDICTION.
7. CONSENT TO USE OF IMAGE, AUTHORITY, CAPACITY, NON-TRANSFEREABLE, CLUB POLICIES, AND MISCELLANEOUS I agree on behalf of myself and all Releasors to grant to the Club and their advertising and promotion agencies, acting on their behalf, the right to use and publish worldwide and in perpetuity, in any and all forms of media now known or hereafter devised, including without limitation online and in social media, without approval or compensation, my and the Releasors’ images and/or performances captured at any Club location. This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be void or unenforceable as a matter of law, it shall be deemed severed from this Agreement, and the remaining terms shall survive and remain in full force and effect. I REPRESENT AND ACKNOWLEDGE THAT A) I HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT UNDER APPLICABLE LAW; AND B) IF A PARENT, LEGAL GUARDIAN, SPOUSE OR OTHER REPRESENTATIVE, THAT I AM LEGALLY AUTHORIZED TO SIGN AND THAT I AM SIGNING THIS AGREEMENT ON BEHALF OF OTHER RELEASOR(S) NAMED BELOW, AND THAT OTHER RELEASOR(S) WILL BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. I UNDERSTAND AND AGREE THAT IF THIS AGREEMENT IS NOT SIGNED ON BEHALF OF OTHER RELEASOR(S), OTHER RELEASOR(S) SHALL NOT PARTICIPATE IN ANY ACTIVITY COVERED BY THIS AGREEMENT. This Agreement shall be binding upon my and each Releasor’s assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives. I understand that the Pass is NOT TRANSFERABLE and CANNOT BE RESOLD, and that the Pass may be confiscated or that use of the Pass may be revoked or suspended, if, in the sole judgment and discretion of the Club, I or any Releasor, acts in any manner that endangers or may endanger the safety of me or another person; violates the law, the Code of Conduct or a Club policy; provides ski/snowboard lessons, guided tours, or other services at the Club for compensation without the Club’s express authorization; uses the Pass in a fraudulent manner; or engages in misconduct, abuses Club staff or other participants, or creates a disturbance or nuisance. I and all Releasors further understand that such acts may also be prosecuted as a criminal offense, as applicable. I acknowledge the affirmative duty to immediately notify the issuer if a Pass is lost or stolen. I agree that I and each Releasor will comply with the Code of Conduct and all other regulations and safety rules enforced by the Club. I hereby waive my right to terminate this Agreement pursuant to Section 2125 of the Civil Code of Quebec. I and each Releasor agrees to this Agreement’s terms and conditions as drafted in the English language. Je consens à ce que cette entente soit rédigée en anglais I HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS, 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 RELEASED PARTIES.BY CLICKING “I AGREE” BELOW, I WARRANT THAT I HAVE THE AUTHORITY AND EXPRESS CONSENT TO SIGN THIS AGREEMENT ON MY OWN BEHALF AND ON BEHALF OF ALL OTHER RELEASORS. I Agree Date: May 6, 2024
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