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Canada Snowboard and the Canadian Freestyle Ski Association reserve the right to revise the terms and conditions of this Agreement at any time. Any such revision will be binding and effective immediately upon posting of the revised Agreement on our web site. Your continued use of our site constitutes agreement to any revision of the terms and conditions of this Agreement.
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I have read and agree to the terms and conditions above.
RELEASE OF LIABILITY, WAIVER OF CLAIMS,ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT(hereinafter referred to as “Release Agreement”)
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS,INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
TO: CANADIAN SNOWBOARD FEDERATION (doing business as Canada~Snowboard) (“CSF”) and its Provincial/Territorial Snowboard Associations and Member Clubs, and CANADIAN SNOWSPORTS ASSOCIATION, including their respective directors, officers, representatives, employees, agents, independent contractors, sponsors, volunteers, successors and assigns (all of whom are hereinafter referred to as the “Releasees”).
In this Release Agreement the terms “Activities” and “Programs” shall be interchangeable and shall include, without limitation: all activities and events involving the Releasees or in any way related to snowboard training, competition, orientation, coaching or instruction.
I acknowledge that at all times while snowboarding I am required and have been advised to wear a protective snowboarding helmet that is certified for snow sports in accordance with CSF’s Helmet Policy and Helmet Information Sheet, which can be found at: www.canadasnowboard.ca.
I FREELY ACCEPT AND AM FULLY AWARE of the dangers involved in the performance of the Activities and Programs, and the dangers inherent to snow sports, including those caused by gravitational forces or otherwise. I understand and accept that by engaging in the Activities and Programs, my life and physical safety are endangered. FURTHERMORE, I understand and accept that the above mentioned dangers exist within the Activities and Program areas, and may include environmental conditions, technical equipment and atmospheric influences, or natural or manmade obstacles. I am aware that certain movements or actions cannot always be anticipated or controlled and therefore cannot be avoided or prevented through safety measures. I am aware of the physical exertion required to participate in the Activities and Programs, and I am aware that this exertion may activate, re-activate or aggravate pre-existing injuries, conditions, symptoms or congenital defects.
I ACKNOWLEDGE that it is my sole responsibility to assess whether any Activities or Programs are too difficult for me. By commencing an Activity or Program, I acknowledge and accept the suitability and conditions of the Activity or Program. I also agree that I am responsible for the choice of my equipment and for the selection of my line through the course and my ability to handle this line, inclusive of inverted air manoeuvres.
FURTHERMORE, I am aware that snowboarding and participation in the Activities and Programs involves many inherent risks, dangers and hazards including, but not limited to: boarding, riding and disembarking ski lifts; changing weather conditions; avalanches; exposed rock, earth, ice, or other natural objects; trees, tree wells, tree stumps, forest dead fall; the condition of snow or ice on or beneath the snow surface; changes or variations in the terrain used for snowboarding, including the Activities and Programs, which may create blind spots or areas of reduced visibility; changes or variations in the snow surface or subsurface, including changes due to man-made or artificial snow; variable and difficult snow and weather conditions; streams, creeks and exposed holes in the snow pack above streams or creeks; cliffs; crevasses; snowcat roads, road banks or cut-banks; impact or collision with lift structures, fences, snow making equipment, snow grooming equipment, snowcats, snowmobiles and other vehicles, equipment, structures, or objects or equipment used in connection with skiing or snowboarding and Activities and Programs of the Releasees; snowcat roads; road-banks or cut banks; impact or collision with other persons, including other skiers, snowboarders, racers, spectators, participants, competitors or course officials; the failure to act safely or within one’s own ability or within designated areas; negligence of other persons, including other skiers, snowboarders, racers, spectators, participants, competitors, course officials; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATION IN THE ACTIVITIES AND PROGRAMS. I am also aware that the risks, dangers and hazards referred to above exist throughout the area used for skiing, snowboarding and the Activities and Programs of the Releasees, and that many are unmarked. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND PROGRAMS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
In consideration of the granting of my membership in any or all of the Releasees’ organizations, and in consideration of permitting me to participate in the Activities and Programs, I HEREBY AGREE AS FOLLOWS:
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 loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my presence at or participation in the Activities and Programs DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER ANY APPLICABLE OCCUPIERS LIABILITY LEGISLATION ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF RELEASEES TO TAKE REASONABLE STEPS TO SAFEGAURD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND PROGRAMS;
I ACKNOWLEDGE AND AGREE THAT by entering into this Release Agreement I am not relying on any oral or written representations made by the Releasees with respect to the safety of the Activities or Programs other than what is set forth in this Release Agreement.
I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT AND I AGREE TO BE BOUND BY ITS TERMS. I AM AWARE THAT BY DIGITALY SIGNING THIS RELEASE AGREEMENT BY ENTERING MY NAME BELOW I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
NOTE: if the Participant is under 19 years of age, parent or guardian MUST sign below.
I DECLARE THAT I am the parent or lawful guardian of the Participant and, as such, I AGREE TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to the Participant or any third party resulting from the Participant’s participation in the Activities or Programs.
I AGREE AND ACKNOWLEDGE that in the event this Release Agreement is not enforceable against the Participant, I will indemnify the Releasees from and for any and all expenses, including but not limited to legal costs, disbursements and payments made pursuant to a settlement or judgment, incurred in connection with the Participant’s participation in the Activities or Programs.
IN CONSIDERATION OF the Participant being accepted as a registered member of the Releasees and in consideration of the Participant being permitted to participate in the Activities and Programs of the Releasees, I, being a parent or lawful guardian of the Participant, HEREBY CONSENT to such participation by the Participant and acknowledge and agree to the terms hereof on my own behalf as well as that of the Participant to the extent permitted by law.