REALEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the SKI AREA OWNERS AND OPERATORS accepting my application for a season pass and permitting my use of its lifts, runs and trails, freestyle terrain, race courses, paths, walkways, ice rinks, restaurants, parking and other facilities (hereinafter referred to as the “Facilities”), I hereby agree as follows:
TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the SKI AREA OWNERS AND OPERATORS and their affiliates and their respective directors, officers, employees, volunteers, agents, representatives, sponsors, successors and assigns (all of whom are hereinafter collectively referred to as "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 use of or my presence of the Facilities or travel beyond the ski area boundary, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWNED UNDER THE OCCUPIERS' LIABILITY ACT, ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF SKIING, SNOWBOARDING AND TUBING REFERRED TO ABOVE;
2. 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 Facilities or travel beyond the ski area boundary;
3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, 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 Ontario and no other jurisdiction;
5. That any litigation involving the parties to this Agreement shall be brought within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario; and
6. In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of skiing, snowboarding and tubing other than what is set forth in this Agreement.
7. I give permission for the free use of my image in any photographs or videos used by the Ski Area Owners and Operators.
8. This season’s pass remains the property of the Ski Area Owners and Operators, is not transferable, is not for resale and is revocable for misconduct or breach of the Alpine Responsibility Code.