Every customer of, or visitor to, BIG SKY GOLF AND COUNTRY CLUB must read and complete this Waiver before being on the property of the Club (as defined below) and before participating in the following Activities (as defined below).
1. Understanding: I understand that this Waiver is made for the benefit of BIG SKY GOLF INC., BIG SKY GOLF AND COUNTRY CLUB, and their respective directors, officers, shareholders, employees, instructors, guides, agents, volunteers, independent contractors, subcontractors, representatives, sponsors, successors and assigns (hereinafter collectively referred to as “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. 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, dangers and hazards (“Risks”) associated cross country skiing/snowshoeing/snowmobiling and all other activities, services, programs or events provided or organized by the Club (the “Activities”). These Risks include, but are not limited to, changing weather conditions; exposed rock, earth, ice, and other natural objects; trees, tree wells, tree stumps and forest deadfall; 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; variable and difficult conditions; streams, creeks, lakes, and exposed holes in the snow pack above streams or creeks; cliffs; road-banks or cut-banks; collision or impact with natural or man-made objects including bridges, fences, snow grooming equipment, snowcats, snowmobiles or other vehicles, equipment or structures; collision with other persons; encounters with wildlife, loss of balance or control; failure to act safely or within one’s own ability or to stay within designated areas; travel within or beyond Club boundaries; negligence of other skiers, snowshoers and other persons including but not limited to “slips, trips and falls and accidents”; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; negligent first aid; and NEGLIGENCE ON THE PART OF THE CLUB. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE CLUB TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.
3. Potential for Injury: I am aware that the Risks include the potential for serious personal injury, death, or property damage. I understand the Risks may be relative to my own state of fitness and health (including physical, mental and emotional), and to the awareness, care and skill with which I conduct myself.
4. Assumption of Risk: I freely accept and fully assume all responsibility for all Risks and possibilities of personal injury, death, property damage or other loss resulting from my participation in the Activities. I accept these Risks and agree to the terms of this Waiver, even if the Club is found to be negligent or in breach of any duty of care or any obligation to me in any way in respect of the Activities.
5. Covid-19: I acknowledge, represent and agree:
a. to observe and fully abide by all rules and protocols set out by all government, governmental bodies, associations or other organizations and the Club pertaining to Covid-19;
b. that participation in Activities at the Club is voluntary;
c. that Covid-19 can be transmitted by asymptomatic people and there can be no assurance that the virus will not becontracted while at the Club;
d. to assume all risk associated with being infected with Covid-19 while being on the Club property;
e. to have my temperature taken upon arrival at the Golf Club and answer all questions truthfully;
f. that I am healthy, not suffering from and/or presenting with any Covid-19 symptoms;
g. that the Club has the right to deny me entry to the Club if I present with any symptoms of Covid-19 or have travelled to the Club with a person who is not a member of my household.
6. Waiver of Claims and Release: In addition to consideration given to the Club for my participation in Activities and for being on the Club property, I and my heirs, next of kin, executors, administrators and assigns (collectively my “Legal Representatives”), agree:
a. to waive all claims that I have or may have in the future against the Club;
b. to release and forever discharge the Club from all liability for all personal injury, death, property damage or other
loss resulting from my participation in Activities due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances) either passive or active, breach of any duty imposed by law, breach of contract or mistake or error of judgement of the Club, including any duty of care owed under the Occupiers Liability Act, R.S.B.C 1996. c.337 on the part of the Club;
c. to release and forever discharge the Club from all liability for all personal injury, death, property damage or other loss resulting from any infectious disease, virus, bacterium or other microorganism (whether asymptomatic or not);
d. to release and forever discharge the Club from all liability for all personal injury, death, property damage or other loss resulting from Coronavirus (COVID-19) including any mutation or variation thereof;
e. to be liable for and to hold harmless and indemnify the Club from all actions, proceedings, claims, damages, costs, demands including court costs and costs on a solicitor and client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with my, or my guests or any minor at the Club with me participation in Activities.
7. 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.
8. Governing Law: I agree that this Waiver and all terms contained within are governed by the laws of the Province of British Columbia. I hereby irrevocably submit to the exclusive jurisdiction of the courts of British Columbia. Any litigation to enforce this Waiver must be instituted in the Province of British Columbia.
9. Confirmation: I confirm that I have had sufficient time to read and understand each term in this Waiver in its entirety, and have agreed to the terms freely and voluntarily. I understand that this Waiver is binding on myself and my Legal Representatives. I confirm that I have reached the age of majority in the Province of British Columbia.
I hereby declare that I or anyone in my household has not experienced any cold or flu-like symptoms in the 14 days (including fever, cough, sore throat, respiratory illness, difficulty breathing) prior to today and prior to each visit that will I make to the Club. If I or anyone in my household experience any cold or flu-like symptoms after submitting this declaration, I will not visit the Club for a minimum period of 14 days after the cold or flu-like symptoms have ceased.
I hereby declare that I will inform the Club, immediately if I or anyone in my household experiences any cold or flu-like symptoms, or has received a positive test for Covid-19.
I hereby declare that I or any member of my household have not traveled to or had a lay-over in any country outside Canada in the past 14 days of each visit by me to the Club. If I or anyone in my household travels to any country outside Canada after submitting this declaration, I will not visit the Club for a minimum period of 14 days after the date of return to Canada.
I have read and fully understand and agree to all the terms and conditions of this Waiver.
February 28, 2024