RELEASE OF LIABILITY, WAIVER OFÂ CLAIMS, ASSUMPTION OF RISKS ANDÂ INDEMNITYÂ AGREEMENT
(hereinafter referred to as the â€œRelease Agreementâ€)
Through purchase of any product or service with regard to the Avalanche Ontario Gay Ski Weekend festival (hereinafter referred to as the â€œfestivalâ€) or participation in any event, activity or activation of the festival, participant will waive or give up certain legal rights, including the right to sue or claim compensation following an accident.
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OUTSLOPES, and its directors, officers, employees, agents, representatives, volunteers, independent contractors, sponsors, vendors, suppliers, corporate partners, various event and activity venues, and community partners, assigns and OUTSLOPESÂ member clubs and their directors, officers, employees, agents, representatives, volunteers, independent contractors, sponsors, vendors, suppliers, corporate partners, various event and activity venues, community partners and assigns will hereinafter collectively be referred to as the â€œReleaseesâ€.
The member, guest, participant, customer, attendee or observers, regardless of paid ticket, pass, product, service,Â or registration, or free ticket, pass, product, service or registration will hereinafter be referred to as the â€œParticipantâ€.Â For the sake of clarity, it is understood that for persons under the age of 18, their parent or guardian is referred to as the â€œParticipantâ€ on their behalf for the purposes of this agreement.
Assumption of Risks
By participating in or observing the festival, participant hereby acknowledges that participation in the various events and activities involve risks, dangers and hazards beyond those of normal daily activity.Â These include, but are 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; variationÂ in the surface of sub-surface including changes man-made or artificial snow; variable and difficult conditions; streams, creeks, ponds, and exposed holes in the snow pack above streams, creaks, crevices, or other elements; cliffs; snowcat roads, road-banks or cut-banks; collision with lift lowers, fences, snowmaking equipment, snow grooming equipment, snowcats, snowmobiles or other vehicles, equipment or structures; collision with other persons, loss of balance or control; failure to act safely or within oneâ€™s own ability or to stay within the designated areas; negligence of other skiers, snowboarders, and other persons; slips or falls on ice, up or down stairs; alcohol or other impairment of balance, judgement, motor-control;Â temporary staging, audio, lighting and visual equipment; tripping over cables, tie-downs, bases or stands, floor coverings; temporary dance floors; uneven, snow or ice covered walking paths; vehicle collisions with or while being transported in busses, shuttles, vehicles; and NEGLIENCES ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE RESPONSIBLE STEPS TO SAFEGUARD OR PROTECT YOU FROM THE RISKS, DANGERS AND HAZARDS REFFERED TO ABOVE.Â Â It is understood that risks, dangers and hazards, including but not limited to those listed above exist throughout the ski area, resort, village, off resort venues, travelling to and from the festival, or between venues and that many hazards are unmarked.Â IT IS UNDERSTOOD THAT THE PARTICIPANT ACCEPTS AND FULLY ASSUMES ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees accepting the participant's participation in the festival, or any of the related activities or events, including but not limited to the use of resort, accommodations, transportation, entry to venues, (hereinafter â€œthe facilitiesâ€) and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the participant hereby agrees as follows:
- TO WAIVE ANY AND ALL CLAIMS that the participant has or may have in the future against THE RELEASEES, and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that the participant may suffer, or that the participantâ€™s next of kin may suffer, as a result of participation in the festival, or any event or activity of the festival, use of or presence on the facilities or at the festival DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING AND DUTY OF CARE OWED UNDER ANY APPLICABLE OCCUPIERSâ€™ LIABILITY LEGISLATION ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT PARTICIPANT FROM THE RISKS, DANGERS AND HAZARDS REFERED TO ABOVE;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability to any damage to property of or personal injury to any third party, resulting from use of or presence by participant on the facilities;
- This agreement shall be effective and binding upon participantâ€™s heirs, next of kin, executors, administrators, assigns and representatives, in the event of participantâ€™s death or incapacity.
- The Agreement and any rights, duties and obligations as between the parties to the Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction; and
- Any litigation involving parties to this Agreement shall be brought solely within the Province of Ontario, and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario.
Through membership and/or by participation in trip, event, or activity, participant enters into the agreement , acknowledging they are not relying upon any oral or written representations or statements made by the Releasees with the respect to the safety of any events, activities, or anything else whatsoever with regard to the festival other than what is set forth in this Release Agreement.
We reserve the right to change the terms of this agreement at any time without notice.