HELMETS ARE MANDATORY FOR PARTICIPANTS UNDER AGE 19 HELMETS ARE STRONGLY RECOMMENDED FOR EVERYONE
In this Release Agreement the term "Snow School Activities" includes skiing and snowboarding lessons, orientation or instructional sessions, guided ski and snowboard tours and clinics, competitions and events, access to the ski area and use of all facilities including lifts.
TO: Rookie Academy Canada Ltd., Inside Edge Coahing Ltd., Guy Dale Ski Company, Guy Dale, Joshua Duncan-Smith, Cypress Bowl Recreations LP and Boyne USA Inc, Silver Star Ski Resort Ltd, Sun Peaks Resort LLP, Sun Peaks Resort (MP) Corporation, Sun Peaks Grand (MP) Ltd., Sun Peaks Grand LLP, and their directors, officers, employees, volunteers, guides, agents, independent contractors, representatives, successors, assigns and all those in law for whom they are responsible are added as Additional Insured’s in respect only to the operations of the Named Insured. This additional Insured Status will be primary insurance over any other insurance carried by the Additional Insured’s. Waiver of subrogation is provided for all of the foregoing additional insureds, and their respective directors, officers, employees, ski and snowboard instructors, guides, volunteers, agents, independent contractors, subcontractors, representatives, sponsors, successors and assigns (hereinafter collectively the “Releasees”)
ASSUMPTIONS OF RISK
I agree to assume all risks, dangers and hazards of participating in Snow School Activities including, but not limited to: boarding, riding and disembarking ski lifts; loss of balance or control; slips, trips and falls; collision or impact with natural or man-made objects or with other persons; becoming lost or separated from one's party; failure to act safely or within one's own ability or to stay within designated areas; travel within or beyond the ski area boundaries; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; 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 Snow School Activities.
RELEASE OF LIABILITY
I agree to waive any and all claims and to release the Releasees from any and all liability for any loss, damage, expense or injury, including death, that I may suffer as a result of participating in Snow School 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 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 Snow School Activities. I agree that any litigation involving the Releasees shall be brought solely within British Columbia and shall be within the exclusive jurisdiction of the Courts of British Columbia. I further agree that these conditions and any rights, duties and obligations of the Releasees shall be governed by and interpreted solely in accordance with the laws of British Columbia and no other jurisdiction.
THIS RELEASE AGREEMENT SHALL APPLY TO ALL SUBSEQUENT SNOW SCHOOL PROGRAMS THE SNOW SCHOOL'S LIABILITY IS EXCLUDED BY THIS RELEASE AGREEMENT