RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMINTY AGREEMENT
To: Dufferin Ski and Snowboard Club, its employees, owners, affiliates, associates, agents, officers, directors, members, bus operators, “resort operator” and the manufacturers and distributors of equipment (collectively referred to as “the providers”)
I hereby sign this agreement on behalf of myself, my personal representatives, heirs and assigns. I understand and agree to all terms below. Anyone purchasing or joining on the behalf of others takes on the responsibility and all legal liabilities associated with informing those people of the following terms and conditions and ensuring their agreement and compliance to those terms and conditions.
PAYMENT AND REFUND POLICY
Payment for bus reservation must be made in advance and is non-refundable. Payment for equipment share and lift tickets must be made on the day of the trip. Trip cancelation insurance is not provided by Dufferin Club but is available from various insurance providers.
DUFFERIN SKI AND SNOWBOARD CLUB MEMBERSHIP FORM
I hereby agree to join the Dufferin Ski and Snowboard Club (the CLUB) and understand that there is no cost to join. As a member I understand that I receive exclusive group benefits for equipment use, group bussing and lift tickets. I agree to share my information with the CLUB and my membership may be revoked or withdrawn at any time (No information will be shared with any outside agency). By joining I agree to receive CLUB updates on future trips. I agree to act in a way that is not defamatory and will in no way hold the CLUB accountable to my actions. I give my permission for the club to take photos/videos of myself during club activities and waive any right to approve the use of these photos/videos now or in the future whether the use is known to me or not. I understand that the PROVIDERS are not responsible for lost or stolen items during club activities. I understand if I miss the bus that I will not receive any refund or credit. I understand that if I miss the bus home that I am responsible for my own transportation home. I am over the age of majority and have valid health care and insurance. I voluntarily agree to assume all risks associated to CLUB activities and waive any and all legal claims I may hold against the PROVIDERS.
EQUIPMENT SHARE & LIABILITY RELEASE AGREEMENT
I accept for use AS IS any equipment that I use and accept full financial responsibility for the care of the equipment while it is in my possession. I will be responsible for the replacement at full value of any equipment used, but not returned to the owner. I agree to return all borrowed equipment by the agreed date and understand that late charges may apply.
I understand that the binding system cannot guarantee the user’s safety. In downhill skiing, the binding system will not release at all times or under all circumstances where release may prevent injury or death, nor is it possible to predict every situation in which it will release. In snowboarding, cross-country and snowblade use, the binding system will not ordinarily release during use, these bindings are not designed to release as a result of forces generated during ordinary operation. Helmets - I understand that a helmet designed for Recreational Snow Sports use will help reduce the risk of some types of injuries to the user at slower speeds. I recognize that serious injury or death can result from both low and high energy impacts, even when a helmet is worn. I understand the sports of skiing, snowboarding, snowblade and other recreational activities involve inherent and other risks of INJURY and DEATH. I voluntarily agree to expressly assume all risks of injury or death that may result from skiing/snowboard/snowblade use, or which relate in any way to the use of this equipment.
I AGREE TO RELEASE the PROVIDERS from all liability for injury or death (to self or others), property loss and damage which results from the equipment user’s participation in the sport of skiing/snowboarding/snowblade use, or is in any way related to use of this equipment, including all liability which results from the NEGLIGENCE of PROVIDERS, or any other person or cause. I agree to defend and indemnify PROVIDERS for any loss or damage, including any that results from claims or lawsuits for injury or death (to self or others), and property loss and damage related in any way to the use of this equipment. Equipment share is subject to availability. If equipment is not available from Dufferin Club or not satisfactory to the member equipment is available at the resort. Club members are responsible for payment and deposit of their own rentals in this case.
LEGAL WAIVER AND RELEASE OF LIABILITY
As a condition of use of the resort facilities, the Ticket Holder assumes all risk of personal injury, death or property loss resulting from any cause whatsoever including but not limited to the risks, dangers and hazards of skiing, snowboarding and all other recreational activities; the use of lifts; collision with natural or man-made objects or with skiers, snowboarders or other person; changes variable and difficult snow conditions; travel within or beyond the authorized trail boundaries etc. Blue Mountain Resort and their respective directors, officers, employees, volunteers, agents, independent contractors, subcontractors, representatives, sponsors, successors and assigns (hereinafter collectively referred to as the “Resort Operator”). The Ticket Holder agrees that the PROVIDERS shall not be liable for any such personal injury, death or property loss and releases the PROVIDERS and waives all claims with respect thereto. The Ticket Holder agrees that any litigation involving the PROVIDERS will be brought within the exclusive jurisdiction of the Courts of Ontario and any rights, duties and obligations as between the parties will be governed by and interpreted in accordance with the laws of Ontario. The PROVIDERS liability is excluded by these conditions
COVID-19 RELEASE OF LIABILITY
I acknowledge and accept that there is a risk that I could be exposed to COVID-19 while participating in Club activities and using shared equipment. I also acknowledge and accept that while receiving services the providers may need to be closer than the recommended social distancing guidelines in order to support me. I acknowledge and confirm that I am willing to accept this risk as a condition of participating in group activities and using borrowed equipment. In consideration of the Providers agreeing to see me in person, I agree to release the Providers from any and all causes of action, claims, demands, requests, damages or any recourse whatsoever in respect of any personal injuries or other damages which may occur or arise as a result of exposure to COVID-19 during my visit to the club, through the provision of services to me or by the use of borrowed equipment. I do hereby acknowledge and agree that notwithstanding the generality of the foregoing, I declare that I will not commence litigation or otherwise seek to recover damages or other compensation against the Providers based on any action, claim, demand, request, loss or any recourse whatsoever arising from any potential or actual exposure to COVID-19 while at the club or from the use of equipment provided. I further acknowledge that the Providers can rely on this Release of Liability, Waiver of all Possible Claims and Assumption of Risk as a complete defense to any and all claims, damages, causes of action, or recourse or liability that may arise at any time.
I have carefully reviewed this Release of Liability, Waiver of all Possible Claims and Assumption of Risk and acknowledge that I fully understand the terms as set out above. I acknowledge that I am signing this Release of Liability, Waiver of all Possible Claims and Assumption of Risk voluntarily.
