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TO: THE OSLER BLUFF SKI CLUB LIMITED, and its directors, officers, employees, instructors, coaches, agents, representatives, volunteers, independent contractors, subcontractors, invitees, event sponsors and their respective successors, assigns and representatives (the “Club”); and
ALL SPECIAL EVENT SPONSORS AND ORGANIZATIONS, and their directors, officers, employees, instructors, coaches, agents, representatives, volunteers, independent contractors, subcontractors, invitees, sponsors and their respective successors, assigns and representatives;
(all of whom are hereinafter collectively referred to as the “Releasees”).
DEFINITIONS:
In this Agreement:
- the term “Activities” shall include skiing, snowboarding, alternative skiing such as skinning, skate skiing, classic, Nordic, and back country, terrain park, racing, skating, hockey, mountain biking on roads and trails, hiking, trail running, volleyball, basketball, soccer, tennis, pickle ball, stand up paddle boarding, kayaking, canoeing, swimming, snorkelling, caving, climbing, triathlon, dancing, strength and conditioning, health and fitness such as yoga, sport stretching, movement classes, and Pilates, demonstrations, social activities, and any other activity offered or permitted by the Club;
- the terms “programs” and “lessons” shall include any or all supervision, instruction, training and competition, and ancillary or related activities, in relation to one or more of the Activities, and includes all related day camps and event series;
- the term “Special Event Sponsors and Organizations” shall include any individual, corporation, association, institution or organization that is associated with a Special Event as an organizer, promoter, sponsor or advertiser; and
- the term “Special Event(s)” shall include an event involving one or more of the Activities which is organized, conducted, sponsored or permitted by the Releasees.
ASSUMPTION OF RISKS
I am aware that the Activities, programs, lessons and Special Events involve many risks, dangers and hazards which may result in injury, loss, damage or death including, but not limited to:
- drowning, variable water temperature and water conditions including waves and currents;
- collisions with vehicular, boat, pedestrian or other traffic, and collisions with other riders, users, participants, spectators, or natural or man-made objects or elements;
- the condition of, and variations in surface and subsurface conditions of roads, courts, trails and terrain, howsoever caused or arising and including but not limited to exposed or partially exposed holes, rocks, earth, ice, logs, mud, ruts, bumps, roots, holes, drop-offs, and other natural and man-made objects, elements, and features;
- slipping, tripping or falling, including falling from heights;
- variations in and steepness of the terrain and challenging trail design;
- exposure to variations or extremes in weather including snow, rain, lightening, fog, wind, heat, and sun;
- being struck by falling trees, branches, rocks or by other equipment or objects involved in the Activities;
- carelessness or negligence of other persons including but not limited to riders, users, participants, competitors, spectators or course officials;
- equipment failure;
- loss of balance or control;
- becoming lost or separated from a group;
- slippery surfaces, gravel, snow or ice accumulation, and water on or in parking lots, roadways, stairways, walkways, decks, lodges and buildings;
- failure to act safely or within one’s own ability or to stay within designated areas;
- onset or aggravation of pre-existing injury or medical condition;
- sprains, strains, cuts, bruises, abrasions, pinching injuries, over-exertion, exhaustion;
- exposure to viruses or bacteria on surfaces, from contact with or proximity to other individuals on the premises, or from contaminated food and beverages;
- intoxication;
- theft of or damage to personal property.
I am also aware that the risks, dangers and hazards referred to above exist throughout the property owned, leased, licensed or used by The Osler Bluff Ski Club Limited and/or the other Releasees including the trails and beyond and the buildings and structures located thereon, and that many hazards are unmarked. I confirm that I am aware that such risks may cause or result in personal injury, death or property damage or loss to me.
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.
RELEASE OF LIABILITY AND WAIVER OF CLAIMS
In consideration of the Releasees permitting me to participate in the Activities, programs and lessons and/or Special Events and in consideration of the Releasees permitting me to use the pool, reservoir, trails, property, roads, race courses, buildings, lodges and other area facilities located on property owned, leased, licensed or used by The Osler Bluff Ski Club Limited and/or the other Releasees (hereinafter “the facilities”), and for accepting my application to participate in the Activities, programs and lessons and/or Special Events, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
- 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, resulting from either my participation in the Activities, programs and lessons and/or Special Events or my use of or my presence on the facilities and property owned or leased by The Osler Bluff Ski Club Limited, DUE TO ANY OF THE RISKS, DANGERS AND HAZARDS DESCRIBED ABOVE OR ANY OTHER RISKS, DANGERS OR HAZARDS REASONABLY ASSOCIATED WITH THESE ACTIVITIES ON THE SAID FACILITIES AND PROPERTY OR ELSEWHERE;
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2.This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, including in the event of my death or incapacity.
3. 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 Ontario and no other jurisdiction; and
4. Any litigation or other legal proceeding or claim involving me and the Releasees shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario.
5. I consent to photographs and video taken of me while I am participating in the Activities, programs and lessons and/or Special Events and when I am using the facilities and property owned, leased, licensed or used by The Osler Bluff Ski Club Limited and/or the other Releasees, and to the publication of such photographs and video by the Releasees for advertising, promotional, educational and marketing purposes in all media including internet. I release the Releasees from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise which may occur or be produced in the taking of said picture or video and the publication thereof. I also waive any right that I may have to inspect and/or approve the finished product that may be used in connection therewith or the use to which it may be applied, and the right to any remuneration for the use of my image.
6. I confirm that I am authorized to accept the terms of this Agreement on behalf of myself and the individials listed above and that all such above-listed individuals shall be bound by the terms herein as a condition of their participation in the Activities, programs and lessons and/or Special Events, and their use of the facilities.
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