WAIVER, RELEASE & INDEMNITY
(the "Agreement") TO: CIRCLE IN EVENTS INC.;LEAH EVANS; and their respective owners, directors, officers, employees, guides, instructors, Stance coaching instructors, coaches, agents, independent contractors, subcontractors, representatives, successors, assigns; event sponsors; advertisers; ski area operators; and any individual, corporation, association, institution, or organization that is associated with Girls Do Ski Activities as defined in this Release Agreement (all of whom are hereinafter collectively referred to as "the Releasees") DEFINITION In this Release Agreement, the term "Girls Do Ski Activities" shall include and all activities, services and use of facilities either provided, arranged or organized by the Releasees including but is not limited to: alpine skiing, nordic skiing, telemark skiing, snowboarding, snowshoeing and hiking snow school lessons; multi day camps; orientation and instructional sessions or classes; virtual, video and online coaching programs equipment rental; use of equipment backcountry travel, touring, mountaineering and trekking all travel by, boarding, disembarking and movement around charilifts, gondolas, snowcats, snowmobiles or other vehicles transportation, accommodation, food and beverage, and water supply ASSUMPTION OF RISKS – AVALANCHES, ALPINE TERRAIN, WEATHER I am aware that participation in the Girls Do Ski Activities involves many risks, dangers and hazards including the risk of spinal cord injury, concussions and possibility of death. Avalanches occur frequently in the terrain used for the Girls Do Ski Activities and may be caused by natural forces or by persons travelling through the terrain. I am aware that the Releasees may fail to predict whether the terrain is safe or whether an avalanche may occur. The terrain used for Girls Do Ski Activities may be uncontrolled, unmarked, not inspected, and involves many risks, dangers and hazards in addition to that of avalanche. These may include, but are not limited to: cornices; crevasses; cliffs; trees, tree wells and tree stumps; forest dead fall; streams; creeks; rocks; rockfall; boulders; holes and depressions on or below the snow surface; variable and difficult snow conditions; snowcat roads, road-banks or cut-banks; collision with lift towers, trees, fences, snow making equipment, snow grooming equipment, snowcats, snowmobiles or other vehicles, equipment, structures or other persons; winter travel on highways, backcountry roads and snowcat roads; lightning; effects of high altitude including pulmonary edema and cerebral edema; snow immersion; equipment failure; impact or collision with other persons; becoming lost or separated from one’s instructor, guide or party; slips, trips and falls; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; negligent first aid; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN GIRLS DO SKI ACTIVITIES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN GIRLS DO SKI ACTIVITIES. RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT PLEASE READ CAREFULLY!
NOTICE TO SNOWBOARDERS AND TELEMARK SKIERS - INCREASED RISK Unlike alpine ski boot/binding systems, snowboard, and some telemark boot/binding systems are not designed or intended to release and will not release under normal circumstances, thus increasing the risk of not surviving an avalanche. Communication in the terrain used for Girls Do Ski Activities may be difficult, and in the event of an accident or illness, rescue, medical treatment and evacuation may not be available or may be delayed. Alpine weather conditions may be extreme and can change rapidly and without warning I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN GIRLS DO SKI ACTIVITIES 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. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of the Releasees allowing me to participate in Girls Do Ski Activities as defined in this Release Agreement, I hereby agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against 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 as a result of my participation in Girls Do Ski Activities, 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 OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c. 337 ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN GIRLS DO SKI ACTIVITIES; 2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Girls Do Ski Activities; 3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity; 4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of British Columbia and no other jurisdiction; and Any litigation involving the parties to this Release Agreement shall be brought solely within British Columbia and shall be within the exclusive jurisdiction of the Courts of British Columbia. In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in Girls Do Ski Activities, other than what is set forth in this Release Agreement. PHOTO/VIDEO RELEASE I consent to photographs and/or video taken of me during my participation in Girls Do Ski Activities being used for advertising, promotional or marketing purposes by the Releasees. I CONFIRM THAT I HAVE READ THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE 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. December 21, 2024
December 21, 2024
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