ROCKY MOUNTAIN PASSPORT RELEASE OF LIABILITY WAIVER
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!
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”)
ASSUMPTION OF RISKS – Please visit skisafety.ca for detailed information on ski and snowboarding safety
I am aware that skiing, snowboarding, tubing, cycling, snowshoeing, hiking, sightseeing and all other forms of travelling on natural or artificial snow or ice, participation in snow school lessons, clinics, tours, or sessions, and other types of recreational activities conducted on the premises of the releasees involve many risks, dangers and hazards including, but not limited to: boarding, riding, disembarking and mechanical failure of chairlifts, gondolas, or surface lifts; changing or inclement weather; avalanches including in-bound avalanches; snow immersion; rock, earth, ice, and other natural objects; trees, tree wells, tree stumps, branches and forest deadfall; the condition of snow or ice on or beneath the surface; changes or variations in terrain which may create blind spots or areas of reduced visibility; changes or variations in the surface or sub-surface, including changes due to man-made or artificial snow; variable and difficult conditions; streams, creeks, and exposed holes in the snow pack above streams or creeks; cliffs; crevasses; snowcat roads, road-banks, or cut-banks; constructed obstacles or features; collision with natural objects, lift towers, fences, snow making equipment, snow grooming equipment, snowcats, snowmobiles, vehicles, equipment, structures or buildings, surface lifts or other lift equipment and structures; collisions with persons in and around the tube park, collision with other persons; tours or travel within or beyond the area boundaries; loss of balance or control; slips, trips and falls; encounters with domestic and wild animals including dogs and bears; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; negligent rescue or first aid; failure to act safely or within one’s own ability or to stay within designated areas; negligence of other skiers, snowboarders and other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. I am also aware that the risks, dangers and hazards referred to above exist throughout and beyond the respective ski areas and that many hazards are unmarked. 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, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees accepting my application for a Season Pass and permitting my use of the lifts, ski runs, trails, terrain, terrain parks, tube parks, race courses, restaurants, day lodges, parking lots and areas, access roads and other ski area facilities (hereinafter “the premises”) at their respective ski areas and my participation in snow school lessons, clinics and sessions, I hereby agree as follows:
1. 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 as a result of my use of or my presence on the premises or travel beyond the ski area boundaries, 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 OWED UNDER ANY APPLICABLE OCCUPIERS’ LIABILITY LEGISLATION ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE;
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 or presence on the premises or travel beyond the ski area boundaries;
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.
- In entering into this Release Agreement I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of skiing or snowboarding other than what is set forth in this Agreement.
- The Season Pass issued to the Passholder is the property of the Releasees, is not transferable, is not for resale and is revocable for misconduct or breach of the Alpine Responsibility Code.
SEASON PASS USER AGREEMENT
- The Season Pass will not be valid unless the Season Pass holder has read and signed the Release of Liability Agreement (the “Release Agreement”).
- The Season Pass issued with this application is valid only for the person whose name and photograph appear on it. Should any other person attempt to use the pass, the Season Pass will be confiscated without rebate and that person shall be prosecuted to the full extent of the law.
- The Season Pass is non-transferable. All sales are final and there will be no refunds unless refund option has been purchased or applies. Refund policy details are available at https://www.skibig3.com/season-passes/.
- If the Season Pass is lost or stolen, there is a $25+GST charge for a replacement pass.
- The Season Pass must be presented upon request to any employee of the respective ski areas included in the Season Pass.
- Any Season Passholder without their Pass will have to purchase a valid Lift Ticket for that day.
- In the event of misconduct or non-observation of the safety regulations of any ski areas included in the Season Pass on the part of the Passholder, he/she will be prohibited use of the lifts and other premises and facilities for a term to be determined by the ski area(s), without rebate, and the Season Pass will be confiscated for this period of time.
I ACCEPT THE SEASON PASS USER AGREEMENT
ALPINE RESPONSIBILITY CODE
THERE ARE ELEMENTS OF RISK THAT COMMON SENSE AND PERSONAL AWARENESS CAN HELP REDUCE. REGARDLESS OF HOW YOU DECIDE TO USE THE SLOPES, ALWAYS SHOW COURTESY TO OTHERS. PLEASE ADHERE TO THE CODE LISTED BELOW AND SHARE WITH OTHERS THE RESPONSIBILITY FOR A SAFE OUTDOOR EXPERIENCE.
- Always stay in control. You must be able to stop, or avoid other people or objects.
- People ahead of you have the right-of-way. It is your responsibility to avoid them.
- Do not stop where you obstruct a trail or are not visible from above.
- Before starting downhill or merging onto a trail, look uphill and yield to others.
- If you are involved in or witness a collision or accident, you must remain at the scene and identify yourself to Ski Patrol.
- Always use proper devices to help prevent runaway equipment.
- Observe and obey all posted signs and warnings.
- Keep off closed trails and closed areas.
- You must not use lifts or terrain if your ability is impaired through use of alcohol or drugs.
- You must have sufficient physical dexterity, ability and knowledge to safely load, ride and unload lifts. If in doubt, ask the lift attendant.
Know the Code – Be Safety Conscious
It is Your Responsibility
I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS THAT I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.