Release of Liability
TO: BIG WHITE SKI RESORT LTD. AND ITS AFFILIATED COMPANIES AND SUBSIDIARIES, AND HER MAJESTY THE QUEEN OF RIGHT OF THE PROVINCE OF BRITISH COLUMBIA (hereinafter collectively referred to as “Big White”)
ASSUMPTION OF RISKS
I am aware that skiing, snowboarding, participating in snow school lessons, tubing, ice skating, cycling, mountain biking, hiking, trail running, sightseeing and all other activities on the premises (hereinafter collectively referred to as the “ACTIVITIES”) involve many risks, dangers and hazards including, but not limited to: boarding, riding and disembarking ski lifts; changing weather conditions; avalanches; loss of balance or control; slips, trips and falls; exposed rock, earth, ice, and other natural objects; trees, tree wells, tree stumps and forest dead fall; 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 subsurface, including changes due to manmade or artificial snow; variable and difficult conditions; streams, creeks, and exposed holes in the snow pack above streams or creeks; cliffs; crevasses; snowcat roads, roadbanks or cutbanks; collision with lift towers, fences, snow making equipment, snow grooming equipment, snowcats, snowmobiles or other vehicles, equipment or structures; collision with other persons; the failure to act safely or within one’s own ability or to stay within designated areas; accidents during snow school lessons; negligent first aid, negligence of other skiers, snowboarders, cyclists, hikers and other persons; and NEGLIGENCE ON THE PART OF BIG WHITE OR ITS STAFF. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF BIG WHITE OR ITS STAFF TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES. USE OF TERRAIN, TUBE AND BIKE PARK FEATURES INVOLVES INCREASED RISK OF INJURY. I am also aware that the risks, dangers and hazards referred to above exist throughout the ski area and that many are unmarked.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of Big White accepting my application for an access pass or card and permitting my use of its lifts, runs, trails, terrain, tube and bike parks, race courses, restaurants, parking lots, and other ski area facilities (hereinafter referred to as “the premises”), I hereby agree as follows:
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my use of or presence on the premises or travel beyond the ski area boundary;
- 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;
- 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 the Province of British Columbia and no other jurisdiction; and
- Any litigation involving the parties to this Release 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 Release Agreement I am not relying upon any oral or written representations or statements made by the Releases with respect to the safety of the activities other than what is set forth in this Release Agreement.
- The pass issued to the Passholder is the property of Big White, is not transferable, is not for resale and is revocable for misconduct or breach of the Alpine Responsibility Code.
- This Release Agreement shall apply to all subsequent pass and card renewals.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND 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.