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 OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
TO: MOC Operating LP Inc., Mansfield Property Management Ltd, and the County of Dufferin and their respective directors, owners, officers, employees, coaches, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors, assigns and representatives and special event sponsors and their respective owners, officers, directors, employees, instructors, coaches, agents, representatives, volunteers, independent contractors, and subcontractors of any special event sponsors (all of whom are hereinafter collectively referred to as the “Releasees”).
In this Agreement:
a. “Sport Activities” shall include but is not limited to cross country skiing, snowshoeing, cycling, hiking, adventure running, target sports, mini-golf, yoga, obstacle courses, volleyball, soccer, educational activities and all other recreational activities permitted by given by the Releasees;
b. the term "Special Events Sponsor" shall include any individual, corporation, association, institution, or organization that is associated with a Special Event as an organizer, promoter, sponsor or advertiser;
c. the term "Special Events" shall include any activity which is organized, conducted or sponsored by the Releasees and shall include, but is not limited to weddings, concerts, festivals, races or other competitions, tournaments, demonstrations and other such events or activities.
d. the term “Programs” shall include all clinics, sessions, lessons, tours, educational programs and camps, and daycare services provided by the Releasees;
f. the term “Accommodation” shall include the camp grounds, lodges, tent camping, and all other rented facilities provided by the Releasees;
SECTION 1: ACKNOWLEDGEMENT OF RISKS – PLEASE READ CAREFULLY!
I am aware that my participation in Sport Activities, Programs, Accommodation and Special Events (collectively referred to as the “Activity”) involve many risks, dangers and hazards including, but not limited to: changing weather conditions; exposure to sun, heat, cold or other natural elements; avalanches; the condition of snow or ice on or beneath the surface; exposed rock, earth, mud, water, ice, snow and other natural object and ground conditions; trees, tree wells, tree stumps and forest deadfall; effects of wind or weather on inflatables; failure to act safely or within one’s own ability or to stay within designated areas; falls from use of features in the Activity; inability to control one’s speed, balance or direction; becoming lost or separated from group; being struck by equipment used in the Activity; equipment failure; drowning; exhaustion; sprains, bruising and strains; negligent first aid; onset or aggravation of pre-existing injuries or conditions; negligence on the part of other Activity participants and negligence of other persons; and RISKS RESULTING FROM THE NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY DUTY OF CARE 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. I also understand that other risks include variations in the terrain which may create blind spots or areas of reduced visibility; changes and variations in the surface or sub-surface, including changes due to man-made or artificial snow or natural terrain; variable and difficult conditions; streams, creeks, and exposed holes in the snow pack above streams, creeks or in other areas; cliffs; crevasses; snowcat roads, road-banks or cut-banks; collision with other participants, spectators or persons, trees, fences, snow grooming equipment, property maintenance equipment, snowcats, snowmobiles or other vehicles, equipment or structures; encounters with domestic and wild animals including dogs and bears; exposure to INFECTIOUS DISEASE CONTRACTED THROUGH VIRUSES, BACTERIA, PARASITES, AND FUNGI WHICH MAY BE TRANSMITTED THROUGH DIRECT OR INDIRECT CONTACT; collision with other persons; loss of balance or control; slips, trips and falls; and accidents during participation in the Activity. I am also aware that the risks, dangers and hazards referred to above exist throughout and beyond the ski area and property and that many hazards are unmarked.
SECTION 2: ASSUMPTION OF RISKS – PLEASE READ CAREFULLY!
I FREELY ACCEPT AND FULLY ASSUME ALL THE RISKS, HAZARDS, AND DANGERS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE (AS SET OUT IN SECTION 1) WHILE ENGAGED IN OR AS A RESULT OF MY VOLUNTARY PARTICIPATION IN THE ACTIVITY.
SECTION 3: RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. THESE CONDITIONS WILL AFFECT YOUR LEGAL RIGHTS – PLEASE READ CAREFULLY!
IN CONSIDERATION OF the Releasees accepting my application for use of the facilities and permitting my use of the snowshoe and cross country trails, cycling and hiking trails, race courses, restaurants, day lodges, camp ground, lodges and other buildings, forests, pool, rivers, ponds, parking, access roads and other property facilities (hereinafter “the premises”), I hereby agree as follows:
1. I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, that arise or result from in whole or in part, participating in the Activity and, without limitation, claims arising out of or resulting from THE NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY DUTY OF CARE OWED BY THE RELEASEES UNDER THE OCCUPIERS’ LIABILITY ACT;
2. WAIVE ANY AND ALL CLAIMS THAT I HAVE OR MAY HAVE IN THE FUTURE against the Releasees;
3. RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE, AND INJURY AND DEATH, INCLUDING ANY CLAIM FOR CONTRIBUTION AND INDEMNITY, that I may suffer from my participation in the Activity DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT AND ANY DUTY OF CARE OWED TO ME BY THE RELEASEES UNDER THE OCCUPIERS’ LIABILITY ACT. I UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON 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; and
4. INDEMNIFY AND HOLD HARMLESS the Releasees from any and all liability, including claims for contribution and indemnity, for any damage to property of or personal injury to, any third party, resulting from my, or my family member or next of kins, use of the Releasees’ property or participation in the Activity.
5. AGREEMENT BINDING - 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;
6. JURISDICTION - 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 Ontario and no other jurisdiction. Any litigation involving the parties to this Release Agreement shall be brought solely within Ontario, and shall be within the exclusive jurisdiction of the Courts of Ontario; and
7. SEVERABILITY - If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions hereof, and each provision is hereby declared to be separate, severable and distinct.
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 the Activity, skiing or snowboarding, other than what is set forth in this Agreement.
The Pass issued to the Passholder is the property of MOC Operating LP, is not transferable, is not for resale and Mountain Bikers Responsibility Code, Cross Country Responsibility Code or Campground Rules.
PHOTO/VIDEO RELEASE - I consent to photographs and/or video be taken of me during my participation in the activities in the controlled recreational area and to publication of the photographs by the Releasees for advertising, promotional and marketing purposes.