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Parent or legal guardian must accept on behalf of child under 18 years of age.

DEFINITIONS

“Activity” or “Activities” means skiing, snowboarding, ski/ride racing/competition/training, ski/ride school classes/clinics/lessons, uphill skiing, use of terrain parks and features, use or rental of Equipment (as defined below), ski/snowboard tuning and repair, participation in competitive programs, instructional programs and lessons, special events, and any other use of Facilities.

"Agreement" means this “Release of Liability, Waiver of Claims, Warning, Assumption of Risk, Indemnity, and Consent to Medical Treatment/Transport Agreement”

“Equipment” means all equipment offered for use or rent by Resort including, but not limited to, skis, snowboards, snowblades, skiboards, boots, poles, bindings, helmets, apparel, goggles, or any other snow sliding equipment.

“Facilities” means trails, terrain parks, base area or village activities, chairlifts and other conveyances, other events or features, buildings and premises, food and beverage and retail locations, sidewalks, stairways, parking lots at the Resort (as defined below).

“Minor” or “Minor Participant” means the minor(s) participant(s) covered by this Agreement.

“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 Minor Participants.

“Resort” means Blue Mountain Resort.

ADVISORY

Be advised: A pre-booked program reservation does not guarantee access to the Resort for a minimum or maximum number of days in each week or season or that the Resort will be open for a minimum or maximum number of days each week and/or season. A program reservation and access to the Resort is subject to, among other things, the Resort being open and having the capability and/or capacity to grant access. The Resort reserves the right to close or limit access to the Resort for weather, safety, or any other reason at its sole discretion with or without notice during each season.
I understand, accept, and agree that pre-booked program reservations are subject to risks including, but not limited to, length or occurrence of each season which may be affected by weather, weather-related events, travel advisories, public health or government order, or any other event or occurrence that limits or prohibits the Resort from its full or partial operations.

I UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL REMAIN IN EFFECT UNTIL REVOKED IN WRITING BY ME OR BY THE RELEASORS AND SIGNED BY AN AUTHORIZED SIGNATORY OF THE RESORT. THIS AGREEMENT CANNOT BE MODIFIED. I UNDERSTAND THAT THIS AGREEMENT WILL APPLY EVERY TIME I OR ANY RELEASOR ENGAGES IN AN ACTIVITY AT THE RESORT WITHOUT REQUIRING ME OR ANY RELEASOR TO SIGN AN ADDITIONAL AGREEMENT FOR EACH DAY, EACH SEASON, AND/OR EACH ACTIVITY. Whenever “you”, “I”, “me”, or “we” is used in this Agreement, I am intending to include all other Releasors without having to restate that intent every time “you”, “I”, “me”, or “we” is used.

ACKNOWLEDGEMENT OF RISKS

I understand and agree that using Equipment and participating in Activities is HAZARDOUS and involves risks of physical injury that may include severe injury,  serious permanent disability or death. By signing below, I expressly agree to accept all dangers and risks associated with the Equipment and the Activities, including those risks that are not expressly listed in this Agreement, and including those risks that are both known and unknown to me, whether or not they are inherent risks. RECOGNIZING AND ACCEPTING THE RISKS, I VOLUNTARILY CHOOSE TO TAKE PART IN THE ACTIVITY(IES) AND/OR VOLUNTARILY CHOOSE TO ALLOW RELEASORS TO TAKE PART IN THE ACTIVITY(IES).

I, on my own behalf and on behalf of all Releasors, understand, accept and agree that the Activities involve numerous hazards and risks including, but not limited to, unpredictable and/or variable snow and/or weather conditions, extreme cold, frostbite, hypothermia, high elevation, wildlife and domestic animal encounters, exposure to the elements, lack of shelter, falling trees and limbs, marked and unmarked obstacles, natural or manmade features or objects, snow immersion, deep snow conditions, tree wells, unstable ice and snow, including but not limited to slides and avalanches, slick or uneven walking surfaces, changes or variations in terrain or snow conditions, surface and subsurface conditions, rugged mountainous terrain, cliffs, collisions with other skier, snowboarders and participants, snowmobiles, snowmaking and snow-grooming equipment or other vehicles or property, operation of snowmaking equipment which may create blind spots or areas of reduced visibility, structures, acts of other skiers, snowboarders and participants, carelessness and misjudgments on the part of other participants, Releasors, or Resort staff, including failure to follow applicable rules, policies and procedures, use of gondolas, chairlifts, rope or other tows, moving carpets and any other conveyances which may involve entanglement with equipment, objects, or other skiers, snowboarders and participants, errors in loading/unloading, and equipment malfunction or breakdown.

I, on my own behalf and on behalf of all Releasors, understand, affirm, and agree that I/we: (i) have the physical fitness and dexterity and the knowledge required to safely load, ride and unload the gondolas, chairlifts, rope or other tows, and moving carpets; (ii) falls and collisions occur, and injuries are a common and ordinary occurrence of the Activities; (iii) shall obey all signs, markings and warnings posted at the Resort, and all applicable laws and regulations; (iv) understand that entering or skiing or snowboarding in a “CLOSED” area may be illegal and/or result in being banned from Resort property; (v) skiing or snowboarding off of designated trails may be more dangerous to me and others than skiing or snowboarding on designated trails; (vi) there are risks involved in decision-making and conduct of other skiers, snowboarders and participants, and Resort’s staff, involved with the Activity, including, but not limited to, the risks involved with rescue operations and/or medical care conducted or provided by Resort staff or third parties inside or outside of Resort boundaries, risks associated with decisions made by Resort staff to open and/or close terrain, and the risk that an instructor/guide/coach may misjudge weather, trail conditions, route/terrain selection, or some aspect of Releasor’s abilities, conditioning, mental, emotional or physical condition that may make a certain portion of the Activity appropriate or inappropriate for the Releasor; and (vii) snowmobiles, sno-cats, snowmaking and snow-grooming equipment or other vehicles or property, structures or signage may be encountered at any time and that I/we must be alert for and avoid these. Further, I/we accept the responsibility of maintaining deliberate and conscious control at all times while skiing or snowboarding.

If applicable, I agree to read to, or to have Minor or other Releasors read, and to explain to Minor or other Releasors, if necessary, all posted signs, markings, and warnings, including instructions on the use of gondolas, chairlifts, rope or other tows, and moving carpets. Releasors must have the knowledge and ability to load, ride, and unload chairlifts and gondolas safely. I understand and agree that Minor may be riding the lift unaccompanied by an adult. I hereby give permission for the Minor to do so, and I agree that I will instruct and direct Minor to abide by the rules and regulations of the Resort and to follow instructions and direction from Resort staff.

EQUIPMENT

I REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY ME OR A RELEASOR ONLINE OR TO RENTAL, REPAIR, BINDING AND SKI/BOARD SCHOOL TECHNICIANS AND STAFF WILL BE ACCURATE AND COMPLETE, INCLUDING BUT NOT LIMITED TO HEIGHT, WEIGHT, AGE AND SKIER TYPE CLASSIFICATION.

I, on my own behalf and on behalf of all Releasors, agree to inspect before use all Equipment. I, on my own behalf and on behalf of all Releasors, understand and agree that I may not be available or present when my or Releasor’s Equipment is fitted and adjusted and hereby waive the opportunity to verify the helmet size and fit and binding settings and I hereby authorize Resort staff to fit the helmet size and binding settings. I understand and agree that, although Releasors may be wearing a helmet, a helmet cannot guarantee Releasor’s safety and no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s face, neck or spinal cord. I, on my own behalf and on behalf of all Releasors accept for use “AS IS” and without any warranty express or implied any Equipment Releasor uses for an Activity and to return either before use or promptly after discovery, for replacement or repair, any Equipment believed by Releasor to be damaged or defective in any way. I on my own behalf and on behalf of all Releasors, accept full responsibility for the care of the Equipment used for an Activity and agree that I, on my own behalf and on behalf of all Releasors, will be responsible for the replacement at full retail value of any Equipment damaged or not returned. I understand and agree that bindings may not release, or may release, in all situations where release, or non-release, may prevent injury and therefore bindings cannot guarantee my safety. I understand that undesired release or non-release are inherent risks of using any binding system. In snowboarding, cross-country, telemark skiing, snowblading, ski boarding with skiboards or any other Equipment not equipped with release bindings, the binding system may not be designed to, and therefore will not ordinarily, release during use.

CONSENT TO MEDICAL TREATMENT/TRANSPORT

I authorize the Resort, Resort staff, and/or its authorized personnel to call for medical care, treatment and/or procedures (collectively “Care”), for me or Releasors or to transport me or Releasors to a medical facility or hospital if, in the opinion of such personnel, Care is needed. I also consent to any Care given by Resort, Resort staff, and/or its authorized personnel prior to transport to a medical facility or hospital. I, for me or Releasors, knowingly and voluntarily consent in advance to such Care provided it is necessary in the reasonable judgment of the Resort and/or its authorized personnel. Further, I agree to pay all costs associated with such Care and transportation provided for me or Releasors and to indemnify and hold harmless the Released Parties from any costs incurred therein.

ASSUMPTION OF RISK, WAIVER, RELEASE, AGREEMENT NOT TO SUE AND INDEMNIFICATION

GOVERNING LAW, JURISDICTION, WAIVER OF JURY TRIAL

In consideration for accessing the facilities of the Resort, I agree on behalf of myself and all Releasors that, to the fullest extent permitted by law, ALL claims arising from or related to any Activity, including for injury to person or property and/or death, and this Agreement, shall be GOVERNED BY THE LAW OF PROVINCE OF ONTARIO, CANADA, without regard to any conflicts of law principles, and that EXCLUSIVE JURISDICTION shall be the relevant court in the Province of Ontario. I VOLUNTARILY AND IRREVOCABLY WAIVE ON BEHALF OF MYSELF AND ALL RELEASORS ANY OBJECTION TO SUCH LAW AND JURISDICTION. TO THE FULLEST EXTENT PERMITTED BY LAW, I HEREBY VOLUNTARILY AND IRREVOCABLY WAIVE ALL RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY AND ALL CLAIMS ARISING FROM OR RELATED TO ANY ACTIVITY, INCLUDING FOR INJURY TO PERSON OR PROPERTY AND/OR DEATH.

CONSENT TO USE OF IMAGE, AUTHORITY, CAPACITY, RESORT POLICIES, AND MISCELLANEOUS

I agree on behalf of myself and all Releasors to grant to the Resort and their advertising and promotion agencies, acting on their behalf, the right to use and publish worldwide and in perpetuity, in any and all forms of media now known or hereafter devised, including without limitation online and in social media, without approval or compensation, my and the Releasors’ images and/or performances captured at the Resort.

This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be void or unenforceable as a matter of law, it shall be deemed severed from this Agreement, and the remaining terms shall survive and remain in full force and effect. I REPRESENT AND ACKNOWLEDGE THAT A) I HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT UNDER APPLICABLE LAW; AND B) IF A PARENT, LEGAL GUARDIAN, SPOUSE OR OTHER REPRESENTATIVE, THAT I AM LEGALLY AUTHORIZED TO SIGN AND THAT I AM SIGNING THIS AGREEMENT ON BEHALF OF OTHER RELEASOR(S) NAMED IN THIS AGREEMENT, AND THAT OTHER RELEASOR(S) WILL BE BOUND BY ALL THE TERMS OF THIS AGREEMENT. I UNDERSTAND AND AGREE THAT IF THIS AGREEMENT IS NOT SIGNED ON BEHALF OF OTHER RELEASOR(S), OTHER RELEASOR(S) SHALL NOT PARTICIPATE IN ANY ACTIVITY COVERED BY THIS AGREEMENT. This Agreement shall be binding upon my and each Releasor’s assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives.

I understand that I or any Releasor may be banned from the Activities and/or Resort property, if, in the sole judgment and discretion of the Resort, I or any Releasor, acts in any manner that endangers or may endanger the safety of me or another person; violates the law or the Resort policy; or engages in misconduct, abuses Resort staff or other participants, or creates a disturbance or nuisance. I and all Releasors further understand that such acts may also be prosecuted as a criminal offense, as applicable.

Important Links to Read or View Carefully

1. Freestyle Terrain Signage
2. Terrain Park Signage
3. Alpine Responsibility Code

I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT, UNDERSTAND ITS CONTENTS, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, SUBROGORS, DISTRIBUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASED PARTIES. BY CLICKING “I AGREE” BELOW, I WARRANT THAT I HAVE THE AUTHORITY AND EXPRESS CONSENT TO SIGN THIS AGREEMENT ON MY OWN BEHALF AND ON BEHALF OF ALL OTHER RELEASORS.