RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT 

READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS. BY YOUR ELECTRONIC ACCEPTANCE IN THE MEMBERSHIP APPLICATION AND/OR RENEWAL PROCESS, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

In exchange for participating in the Activities (as defined below), which are organized and sponsored by the SENIORS ALPINE SKI CLUB, (“the Sponsor”) of Calgary, Alberta, I (“the Participant”), agree to the following: 

 

DEFINITION 

1. In this agreement, the term “Activity” shall include all activities, events or involvement in any way connected or associated with the SENIORS ALPINE SKI CLUB organized by the Sponsor; including, but not limited to, ski tours, social events, skiing, snowboarding,snowshoeing, ice skating, walking or participating in any way in the SENIORS ALPINE SKI CLUB.  

RELEASE OF LIABILITY 

2.     I, for myself, my heirs, executors, administrators and assignees, release the Sponsor, its officers, board members, servants, agents, organizers, volunteers, employees, or other participants (the “Releasees”) from any and all liability for any loss, damage, expense, injury or illness,  including death, damage to personal property, which I may suffer, or that my next of kin may suffer resulting from my participation in the Activity, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS INHERENT IN THE ACTIVITY.  

3.     Without limiting the generality of the foregoing, I further release any recourses that I may have now or in the future resulting from any decision of the Releasees.  

WAIVER 

4. I, for myself, my heirs, executors, administrators and assignees, WAIVE ANY CLAIMS that I may have in law or in equity, now or in the future, against the Releasees.  

ASSUMPTION OF RISK 

5.     I am aware that participating in the Activity involves many risks, dangers and hazards including, but not limited to the inherent risks of skiing; changing weather conditions; exposed rock, earth, or other natural or manmade objects; trees, tree wells, tree stumps and forest dead fall; 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; streams, creeks; collision with trees, wildlife, fences, equipment, vehicles or structures; collision with other participants, spectators or bystanders; negligence of other participants, spectators or bystanders; inherent risks of bus transportation and carpooling with other members, participants, bystanders or the Releasees; inherent risks of snow shoeing and outdoor ice skating; and NEGLIGENCE ON THE PART OF THE RELEASEES INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS INHERENT IN PARTICIPATING IN THE ACTIVITY.  

6.     I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN THE ACTIVITY AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM. 

COMMUNICABLE DISEASES 

7.     I am aware that participating in the Activity involves inherent risks of socializing with the Releasees and other members and participants, spectators or bystanders, including but not limited to the transmission of communicable diseases, including but not limited to COVID-19 and other viruses and diseases; and NEGLIGENCE ON THE PART OF THE RELEASEES INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS INHERENT IN PARTICIPATING IN THE ACTIVITY. 

8.     I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH SOCIALIZING WHILE PARTICIPATING IN THE ACTIVITY AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, ILLNESS, DEATH, DAMAGE AND LOSS RESULTING THEREFROM. 

INDEMNITY 

 9.     I agree to indemnify and defend the Releasees against causes of action, damages, judgments, costs or expenses, including legal fees and other litigation costs, which may in any way arise from my participation in the Activity. 

10.  I agree to pay for all damages caused by my negligence, recklessness, willful blindness or willful actions. 

ACKNOWLEDGEMENTS 

11.  I acknowledge and state that I am in proper physical condition to participate in the Activity and that I will obey and observe all Rules and Regulations of the Sponsor and that of the venue at which the Activity occurs including but not limited to a ski hill or ski resort, while participating in the Activity.  

12.  I further acknowledge and state that I will follow any oral instructions or directions given by the Releasees.  

13. I further agree to abide by the Club Privacy Policy (as published on the Club website).