Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement for Shredcatz Activities
PLEASE READ CAREFULLY!
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Format: (000) 000-0000.
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example@example.com
Release of Liability To:
Shredcatz Community Association; Beatrice Franke; Mt. Seymour Resort Ltd.; Northland at Grouse Limited Partnership by its General Partner Grouse Mountain Management Inc.; Northland at Grouse Property Holdings Inc.; Cypress Bowl Recreations Limited Partnership and its General Partner, Cypress Bowl ULC; Boyne Canada ULC, Boyne USA Inc., Ski Canada Owner LP. and their respective directors, officers, employees, instructors, volunteers, agents, independent contractors, subcontractors, representatives, sponsors, successors, assigns and affiliates (all of whom are hereinafter collectively referred to as "the Releasees")
Definition of Shredcatz Activities
In this Release Agreement, the term "Shredcatz Activities" shall include but is not limited to: alpine skiing; nordic skiing; snowboarding; snowshoeing; snow school lessons; races; competitions; demonstrations; and all activities, services, events and use of facilities either provided, arranged or organized by the Releasees including demonstrations, orientation, training and instructional, courses, sessions or classes.
Assumption of Risks
I am aware that participation in Shredcatz Activities involves many risks, dangers and hazards including, but not limited to: boarding, riding and disembarking ski lifts; changing weather conditions; avalanches; 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; variations in the terrain which may create blind spots or areas of reduced visibility; variations in the surface or sub-surface, including changes due to man-made or artificial snow; variable and difficult conditions; streams, creeks, and exposed holes in the snow pack above streams or creeks; cliffs; crevasses; snowcat roads, road-banks or cut-banks; collision with lift towers, fences, snow making equipment, snow grooming equipment, snowcats, snowmobiles or other vehicles, equipment or structures; encounters with domestic and wild animals including dogs and bears; collision with other persons; loss of balance or control; slips, trips and falls; accidents during snow school lessons; negligent first aid; failure to act safely or within one’s own ability or to stay within designated areas; becoming separated from one party or group; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES.
Competitions / Races / Contests
I acknowledge that the risks, dangers and hazards referred to above are increased during competitions, races and contests, due to the competitive nature of the activity. 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. AS A PARTICIPANT IN COMPETITIONS, RACES OR CONTESTS, I AGREE THAT IT IS MY SOLE RESPONSIBILITY TO BE FAMILIAR WITH AND ABIDE BY THE RULES AND REGULATIONS FOR THE COMPETITION, RACE AND CONTEST.
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration of the Releasees allowing me to participate in Shredcatz Activities and permitting my use of the lifts, ski runs, trails, terrain parks, race courses, restaurants, day lodge, parking, access roads and other ski area facilities (hereinafter “the premises”), 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 Shredcatz 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, RSBC 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 SHREDCATZ 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 Shredcatz Activities, my use of or presence on the premises or travel beyond the ski area boundary; 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 5. 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 wilderness activities, other than what is set forth in this Release Agreement. IMAGE RELEASE - I consent to the publication and distribution of photographs or videos taken of me by the Releasees during my participation in Shredcatz Activities for promotional and marketing purposes and I agree not to claim any compensation for the use, publication or distribution of the photographs and videos.
Authorization and Release
I understand that:
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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 SHREDCATZ ACTIVITIES.
I am also aware that:
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The risks, dangers and hazards referred to above exist throughout and beyond the ski area where Shredcatz Activities take place and that many hazards are unmarked. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
I confirm that:
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I HAVE READ AND I AGREE TO THIS RELEASE AGREEMENT. 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.
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