TO: Peace River Ski Club and its directors, officers, employees, instructors, guides, agents, independent contractors,
subcontractors, representatives, equipment manufacturers, equipment distributors, successors and assigns (all
of whom are hereinafter collectively referred to as the “Releasees”).
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RENTAL AGREEMENT
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1. I accept full responsibility for the care of the rental equipment (“the Equipment”) listed on this form and I agree to pay for any
damage to the Equipment and replace at full retail value any Equipment not returned by the agreed date.
2. I am familiar with the proper use of the Equipment. I understand that the rental technicians are able to answer questions I may
have as to the proper use of the Equipment.
3. [DOWNHILL SKI EQUIPMENT ONLY] I have made no misrepresentation in regard to my height, weight, age or skier type. (This
information is required in order to properly adjust the ski boot/binding settings). I agree to verify that the settings appearing in the
visual indicator windows on the bindings correspond with the settings to be recorded on this form.
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ASSUMPTION OF RISKS
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I am aware that skiing, snowboarding, snowshoeing, tobogganing, and all other recreational activities on our property involve risks, dangers and hazards and that injuries are a common and ordinary occurrence in these sports.
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ALPINE SKIING I understand that the ski boot/binding system may not release during every fall or may release unexpectedly. The ski boot/binding system is no guarantee that the user will not be injured.
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SNOWBOARDING/ SNOWSHOEING I understand that the boot/binding system is not designed or intended to release and will not release under normal circumstances. I understand that as the boot/binding system is a non-release system, this system will not reduce the risk of injury during a fall and will increase the risk of not surviving an avalanche.
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HELMETS I understand that a helmet designed for recreational snow sports may reduce the risk of some types of head injuries at slower speeds. I recognize that serious head injury can occur even when a helmet is worn.
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I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE USE OF THE
EQUIPMENT.
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RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
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In consideration of the rental of the Equipment, I hereby agree as follows:
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1. I AGREE 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 damage, expense or injury (including death) that I may suffer, or that my next of kin may suffer, resulting from or arising out of any aspect of my use of the Equipment or my presence on the Premises, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF STATUTORY DUTY OF CARE, INCLUDING ANY DUTY OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c.337, in respect of the design, manufacture, installation, maintenance, selection or adjustment of the Equipment, or in respect of the provision of or the failure to provide any warnings, directions or instructions as to the use of the Equipment or the risks, dangers and hazards of skiing, snowboarding, tobogganing and snowshoeing.
2. 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 the Equipment;
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 the Province of Alberta and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Alberta and shall be within the exclusive jurisdiction of the Courts of the Province of Alberta.
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RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT BY SIGNING THIS
DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHTS TO SUE. PLEASE READ CAREFULLY!
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I, the undersigned, hereby acknowledge that participation in the program might result in personal injury, property damage and/or loss, and possible death. I hereby agree to participate in the program voluntarily and at my own risk. I and my heirs, executors, administrators and assigns agree not to hold MISERY MOUNTAIN SKI AREA or any of their Directors, Agents, Servants, Volunteers, or Employees responsible for any personal injury, property damage or loss, death or ambulance service resulting from or in connection with my participation in the program initiated, conducted, or organized by MISERY MOUNTAIN SKI AREA (Peace River Ski Club 1963). I have carefully read this RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT; I
fully understand the same; and I am freely, voluntarily executing same.
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