***PLEASE READ THE WAIVER, SIGN AND SUBMIT***
Fraser Valley Snowboard Club / Hemlock Valley Resorts Ltd. / Grouse Mountain Resorts Ltd / Mount Seymour Resorts Ltd.
Partnership Snowboard Training and Competitions
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
TO: Fraser Valley Snowboard Club, Hemlock Valley Resort Ltd., GROUSE MOUNTAIN RESORTS LTD. and Mount Seymour Resort (hereinafter referred to as “the OPERATORS”) DEFINITION In this agreement the term “Snowboarding” shall include all activities in any way related to snowboard training and competition, but not limited to, orientation, coaching and instruction sessions, competition, transportation or travel to and from the mountain and all activities while at Hemlock Valley Resort, on Grouse Mountain, at Mount Seymour and their properties.
ACKNOWLEDGEMENT- SNOWBOARDING SAFETY I acknowledge that I have been advised to wear a protective snowboarding helmet while snowboarding. Instruction as to the proper use of the helmet is available from the coaches. I am aware that the physical exertion required of snowboarding and the forces exerted on the body can activate or aggravate pre-existing injuries, conditions, symptoms or congenial defects. I have been advised to seek medical advice if I know or suspect that my physical condition may be incompatible with snowboarding.
ASSUMPTION OF RISKS I am aware that snowboarding involves many inherent risks, dangers and hazards, including but not limited to weather conditions; equipment failure; variations or steepness in terrain; exposed rock, snow, ice, trees or other natural or man-made objects, rails, jumps, terrain park features, snowboard-cross features and half-pipes and chairlifts; the conditions of surfaces; collision with trees or rocks, other skiers and snowboarders; failure to navigate within one’s own ability; negligence of other ski area users and NEGLIGENCE ON THE PART OF THE OPERATOR TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF SNOWBOARDING ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH SNOWBOARDING ACTIVITIES 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 OPERATORS agreeing to my participation in Snowboarding Activities and permitting my use of it’s equipment, terrain, parking and other facilities, and for other good and valuable consideration, the recipient and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against THE OPERATORS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, COACHES, INSTRUCTORS, INDEPENDENT CONTRACTORS, SUB-CONTRACTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (all of whom are hereinafter referred to as the “RELEASEES”) AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage or expense or injury including death that I may suffer, as a result of my participation in Snowboarding Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUATORY 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, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF SNOWBOARDING ACTIVITIES REFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property or personal injury to any third party resulting from my participation in Snowboarding activities;
3. This Agreement shall be effective and binding upon my heirs, next of kin, executioners, administrators, assigns and representative, in the event of my death or incapacity;
4. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and
5. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia. In entering into this agreement I am not relying on any oral or written representations statements made by the Releasees with respect to the safety of Snowboarding Activities, other than what is set forth in this agreement.