Parent or legal guardian must accept on behalf of children under 18 years of age
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT ("Agreement") – PLEASE READ CAREFULLY!
BY SIGNING THIS AGREEMENT, YOU WILL WAIVE 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
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Caledon Ski Club Limited (also known as 1644696 Ontario Inc.) and its directors, officers, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors, assigns, special event sponsors, and their directors, officers, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors, and assigns (hereinafter collectively referred to as the "Releasees").
AS PART OF THE CONSIDERATION FOR MY (OR MY CHILD’S) USE OF THE RELEASEES’ PREMISES AND/OR EQUIPMENT AT ANY AND ALL TIMES DURING THE 2024 SUMMER SEASON, I AGREE TO THE FOLLOWING TERMS:
“Activity” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to, hiking, disc golf, fishing, Cycling (as defined below), participating in Cycling instruction/class/clinic/lesson, guided tour, racing, and special events, use of the ski hills, freestyle terrain park and features, base area or activities, use of chairlifts and other conveyances, buildings, food and beverage and retail locations, use of rental and/or use of equipment obtained from a third party in connection with the Club, use of vehicles, sidewalks, stairways, trails, parking lots, and use of Club property, features, and services in any way connected with or related to the Releasees or use of the Premises (as defined below).
“Club” means Caledon Ski Club Limited (also known as 1644696 Ontario Inc.).
“Cycling” means riding a bicycle or mountain bike on trails, special terrain, terrain park, roadways, municipal trails, downhill trails, double track trails, single track trails, or other property owned or operated by the Releasees, and any other terrain, including mountain biking riding, road riding or racing on a set course or otherwise.
“Premises” means hills, trails, land, paths, roadways, bike parks and terrain parks that include natural and man-made features or terrain, jumps, chairlifts, buildings, and property owned by or in connection with the Releasees.
“Releasors” means all participants signing this Agreement, as well as all participants on behalf of whom any signatory below is signing this Agreement, including without limitation to Minor Participants (under age 18). Releasors includes without limitation “you”, “I”, and “me” as used in this Agreement.
“Special Events” means any activity which is organized, conducted or sponsored by the Releasees or other competitions, entertainment, demonstrations and other such events or activities that take place at the Club or Premises.
“Special Event Sponsor” shall include any individual, corporation association, institution, or organization that is associated with a Special Event as an organizer, promoter or advertiser.
I AM AWARE THAT PARTICIPATING IN THE ACTIVITY INVOLVES MANY ASSOCIATED RISKS, DANGERS, AND HAZARDS, including but not limited to rapidly changing weather conditions; marked and unmarked obstacles; boarding, riding and disembarking chair lifts; variable and difficult terrain conditions; failure of or hidden defects in equipment; negligent first-aid; negligence of other Activity participants, Releasees, or Releasors, including failure to follow applicable rules, policies, and procedures, and risks resulting from the NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY DUTY OF CARE BY THE RELEASEES, and the failure by the Releasees to safeguard or protect me from the Activity’s risks, dangers and hazards. I also understand that the other risks of participating in the Activity can include exposure to the elements; exposure to natural and/or people-made objects; exposure to pollution; exposure to infectious disease, bacteria, or virus, INCLUDING BUT NOT LIMITED TO COVID-19, that results in physical distress, illness or death; collision or impact with other Activity participants or cyclists, spectators, competitors, course officials, fences, equipment, motorized vehicles, structures and objects; impact from objects or equipment; crossing public roadways; terrain park and man-made jumps; ramps, embankments and other terrain variations; variable and difficult conditions in the terrain both inside and out, including holes, depressions, loose gravel, sand, rocks, mud, uneven paving stones, creeks, puddles; variations in the terrain which may create blind spots or areas of reduced visibility; fatigue; intoxication; cold, sun or heat exposure; encounters with wildlife, poison ivy, or insects/rodents; becoming lost/separated from the instructors; slipping, tripping, and falling; loss of balance or control; and failure to act safely or within one’s own ability or within designated areas. 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 FROM THEREFROM.
THE RELEASOR(S) HEREBY UNDERSTAND, AFFIRM AND AGREE THAT: (i) Falls and collisions occur, and injuries are a common and ordinary occurrence of the Activity; (ii) I have the physical fitness to engage in the Activity and (iii) I SHALL OBEY ALL SIGNS, MARKINGS, AND WARNINGS POSTED AT THE CLUB, AND ALL APPLICABLE LAWS AND REGULATIONS. I am also aware that the risks, dangers and hazards referred to above exist throughout the Club and Premises, and that many hazards are unmarked. I agree to read all posted signs, markings, and warnings or, if unable to, seek assistance to ensure I understand all posted signs, markings, and warnings posted around the premises.
I RECOGNIZE AND ACCEPT THE RISKS ASSOCIATED WITH THE ACTIVITY, AND I VOLUNTARILY CHOOSE TO TAKE PART IN THE ACTIVITY AND/OR VOLUNTARILY CHOOSE TO ALLOW THE RELEASOR(S) TO TAKE PART IN THE ACTIVITY.
I ASSUME ANY AND ALL RISK, INJURY, DEATH OR PROPERTY DAMAGE TO ME WHILE ACCESSING THE CLUB AND WHILE ENGAGED IN OR AS A RESULT OF MY VOLUNTARY PARTICIPATION IN THE ACTIVITY
IN CONSIDERATION OF THE RELEASEES PERMITTING MY ACCESS TO THE CLUB AND PARTICIPATION IN THE ACTIVITY, and with full knowledge and understanding of the risks and dangers involved, I AGREE:
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
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