RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter referred to as the “Release Agreement”)
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS’ LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
HELMETS ARE STRONGLY RECOMMENDED
TO: BANFF SKI SCHOOL LTD DBA SKI BIG 3; SKI BANFF-LAKE LOUISE-SUNSHINE, A JOINT VENTURE OF SUNSHINE VILLAGE CORPORATION, THE LAKE LOUISE SKI AREA LTD, THE LAKE LOUISE SKI RESORT LTD AND NORQUAY MYSTIC RIDGE LTD; SUNSHINE VILLAGE CORPORATION; THE LAKE LOUISE SKI AREA LTD; THE LAKE LOUISE SKI RESORT LTD; NORQUAY MYSTIC RIDGE LTD; RESORTS OF THE CANADIAN ROCKIES INC. (DBA) “FERNIE ALPINE RESORT”, “KIMBERLEY ALPINE RESORT” AND “NAKISKA RESORT”; AND ROCKY MOUNTAIN SKIING INC (DBA) “SKI MARMOT BASIN”; AND ALL ASSOCIATED, AFFILIATED AND SUBSIDIARY COMPANIES OF ANY OF THE FOREGOING, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, INSTRUCTORS, GUIDES, AGENTS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, HOSTS, VOLUNTEERS, SPONSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED AS THE “RELEASEES”)
If accepted, the Banff Adventure Hub will absorb the cost of repairing any equipment damaged during normal use. I understand I am still responsible for the full value of any lost, misplaced, or stolen equipment regardless of fault. I am still responsible for the full value if the equipment is damaged due to negligence.
I am aware that skiing, snowboarding and snowshoeing involve risks, dangers and hazards and that injuries are a common and ordinary occurrence in these sports.
In consideration of the rental of the Equipment, I hereby agree as follows:
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of or personal injury to any third party, resulting from my use of the Equipment;
3. 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;
4. 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 Alberta and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within Alberta and shall be within the exclusive jurisdiction of the Courts of Alberta.