EXCLUSION OF LIABILITY – ASSUMPTION OF RISKS
PLEASE READ ALL INFORMATION CAREFULLY
These conditions will affect your legal rights including the right to sue the operator for negligence, breach of contract or breach of the Occupiers’ Liability Act or to claim compensation following an accident.
The use of ski area premises and facilities and participation in activities at ski areas involves various risks, dangers and hazards. It is a condition of your use of the premises and facilities and your participation in these activities that you assume all risk of personal injury, death, or property loss resulting from any cause whatsoever, including negligence, breach of contract, or breach of any duty of care on the part of the ski area operator, its associated companies and subsidiaries, and their directors, officers, employees, instructors, guides, agents, representatives, sponsors, independent contractors, subcontractors, suppliers, hosts, partners, successors, assigns and volunteers.
Alpine skiing, snowboarding, tubing, cycling, snowshoeing, hiking, sightseeing, and all other forms of travelling on natural or artificial snow or ice; participation in lessons, clinics, sessions, or tours; and all other activities conducted on and off the Operator’s premises involve many risks, dangers, and hazards. These risks, dangers, and hazards include but are not limited to:
- using, getting on or off, falling from, or component failure of chairlifts, gondolas, or surface lifts;
- changing or inclement weather conditions.
- avalanches including in-bounds avalanches.
- snow immersion.
- rock, earth, ice, and other natural objects.
- trees, tree wells, stumps, branches, and forest deadfall.
- the condition of snow or ice on or beneath the surface.
- changes or variations in the terrain which may create blind spots or areas of reduced visibility;
- changes or variations in the surface or subsurface including changes due to artificial snow.
- variable and difficult conditions.
- streams, creeks, and exposed holes in the snow pack above streams or creeks.
- snowcat roads, road-banks, cut-banks, or constructed obstacles and features;
- collision with natural objects, lift towers, fences, snow making equipment, surface lifts, other lift equipment or structures, other persons, snow grooming equipment, snowcats, snowmobiles, other vehicles, structures or buildings.
- tours or travel within or beyond the area boundaries.
- loss of balance or control.
- slips, trips, or falls.
- negligent rescue or first aid.
- failure to act safely, within one’s own ability, or to stay within designated areas.
- collision or impact with projectile objects or equipment.
- encounters with domestic and wild animals including dogs and bears.
- negligence of other persons.
- NEGLIGENCE ON THE PART OF THE OPERATOR, which includes failure on the part of the Operator to take reasonable steps to safeguard or protect from the risks, dangers and hazards listed above and other risks, dangers and hazards.
- Visit www.skisafety.ca for more information.
You agree that the Operator shall not be liable for any personal injury, death or properly loss and release the Operator from the all liability and waive all claims with respect thereto.
Negligence includes failure on the part of the Operator to take reasonable steps to safeguard or protect you from or warn you of the risks, dangers hazards referred to above.
Any litigation involving the Operator shall be brought solely within Alberta and shall be within the exclusive jurisdiction of the Alberta Court.
These conditions and any rights, duties and obligations involving the Operator shall be governed by and interpreted solely in accordance with the laws of Alberta and no other jurisdiction.
THE OPERATOR’S LIABILITY FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS’ LIABILITY ACT IS EXCLUDED BY THESE CONDITIONS.
In addition to the above risks, dangers and hazards, Snow Tubing involves additional risks, dangers and hazards including but not limited to:
- boarding, riding or disembarking from surface lifts (conveyors, carpets).
- falling out of or being ejected from a tube.
- collision or abrasions from tubing equipment.
- improper use of tubes or equipment.
- sudden stops or changes in direction.
- collisions with or being struck by other tubes or objects .
- collisions with or being struck by people riding other tubes.
- collisions with or being struck by a tube or person in a tubing lane or at the bottom of a tubing lane or the unload area.
- The risk of serious injury or death from a risk, danger or hazard including NEGLIGENCE ON THE PART OF THE SKI AREA OPERATOR OR OTHER PERSONS.
Alpine Ski/Snowboard Boot Binding Systems
The ski boot/binding system for alpine skiing may not release during every fall or may release unexpectedly. The ski boot/binding system is no guarantee that the skier will not be injured.
The snowboard boot/binding system is not designed or intended to release and will not release under normal circumstances. Given the snowboard boot binding system is a non-system, the system will not reduce the risk of injury during a fall and will increase the risk of not surviving an avalanche.
A helmet designed for recreational snow sports may reduce the risk of some types of head injuries. Helmets are strongly recommended. In some ski area programs (for example snow school lessons involving minors) helmets are mandatory. Helmets for skiing and snowboarding are light, comfortable and have achieved wide-spread acceptance. Please note however that helmets have limitations and that serious head injury or death can still occur even when a helmet is worn. Wearing a helmet is no guarantee of safety.