BY AGREEING TO THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE - PLEASE READ CAREFULLY
To: Mount Evergreen Ski Club (herein after referred to as the “Ski Area Operator”)
In this agreement, the term “skiing” shall include “snowboarding”, “telemark skiing” and sliding
ASSUMPTION OF RISKS
I am aware that skiing involves many risks, dangers and hazards including, but not limited to: boarding, riding and disembarking ski lifts, changing weather conditions; avalanches; exposed rock, earth, ice, and other natural objects, trees, tree wells, tree stumps, forest dead fall; 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 sub-surface, including changes due to man-made or artificial snow; variable and difficult snow conditions; streams, creeks and exposed holes in the snow pack above streams or creeks; cliffs; crevasses; snowcat roads; road-banks or cut-banks; collision with lift towers, fences, snow making equipment, snow grooming equipment, snowcats, snowmobiles or other vehicles, equipment or structures; collision with other skiers or snowboarders; the failure to ski or snowboard safely or within one’s own ability or within designated areas; negligence of other skiers and snowboarders; and NEGLIGENCE ON THE PART OF THE SKI AREA OPERATOR OR ITS STAFF INCLUDING THE FAILURE ON THE PART OF THE SKI AREA OPERATOR AND ITS STAFF TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF SKIING AND SNOWBOARDING. I am also aware that the risks, dangers and hazards referred to above exist throughout the ski area and many are unmarked.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH SKIING AND SNOWBOARDING AND I FREELY ACEPT 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 the SKI AREA OPERATOR accepting my application for a season pass, special pass or multi-day pass and permitting my use of the lifts, runs, trails, terrain parks, race courses and other facilities (herein referred to as “the skiing 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 OPERATOR and its directors, officers, employees, agents, representatives, sponsors, successors and assigns (all of whom are hereinafter collectively referred to as “THE RELEASEES”) and to 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 on the skiing facilities or travel beyond the ski area boundary - DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY SATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD TO PROTECT ME FROM THE RISKS, DANGERS AND HAZARD OF SKIING, SNOWBOARDING, AND SLIDING REFERRED TO ABOVE.
- 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 skiing facilities or travel beyond the ski area;
- 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;
- This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and be interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction; and
- Any litigation involving the parties to this agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario.
In entering into this agreement, I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of skiing, snowboarding, and sliding, other than what is set forth in this Agreement.
It is understood and agreed that this Agreement shall not apply in respect of injuries resulting from mechanical breakdown or failure of ski lifts, tows, or any related equipment.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT AND I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
Terms & Conditions of Season Passes
- Mount Evergreen Ski Club reserves the rights to revoke the season pass privileges of any person not complying with the rules of Alpine Responsibility Codes, the policies of Mount Evergreen Ski Club, or for any behaviour considered criminal in law. The season pass may be removed by any of our Board of Directors, employees, Ski Patrollers or Instructors for improper behaviour.
- All lift tickets valid for the day must be worn and visible at all times. Any season pass holder loaning, obtaining or granting permission to obtain lift tickets for anyone using their season pass is committing a serious offence punishable by law. Season Pass privileges will be forfeited and criminal charges may apply.
- Mount Evergreen Board of Directors reserves the right to close the facilities at Mount Evergreen at any time it deems unsafe to the public. All rates and hours are subject to change without notice.
- All season pass purchases will be required to sign a Release of Liability Waiver of Claims Assumption of Risks and Indemnity Agreement (on reverse). Must be signed by person 18 years or over.
- Season passes are non-transferable. Refunds with purchase of refund option only. See Refund Option Information below.
- To qualify for the Family Season Pass category, the following conditions must be met:
- Any and all names so listed on this form must reside in the same residence.
- Dependent children up to age 25 attending an educational institution may be included on this pass.
- A maximum of 2 adults/seniors (18+ years of age), not including dependent children as indicated above, may be included on this pass.
- A maximum of 4 people who meet the above conditions may be listed on a family pass. $100 + HST for each additional child/youth (17 years of age and younger or a dependent child as noted above) is added to the cost of the Family Season Pass.
- Proof of stipulations may be requested by Mount Evergreen.