ACKNOWLEDGMENT OF RISK AND RELEASE OF LIABILITY
WARNING: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS. READ IT CAREFULLY!
For Participants Over the Age of Majority in the Province of Alberta
Every Person Must Read and Understand this Waiver Before Participating in XC Ski Activities.
The following waiver of all claims, release from all liability, assumption of all risks, agreement not to sue and other terms of this agreement are entered into by me, the undersigned (the “Participant”) with and for the benefit of: XCSN Nordic Skiing Inc., its directors, officers, employees, coaches, instructors, visiting instructors, guest lecturers or presenters, contractors, consultants, volunteers, business operators, agents and site property owners or lessees (collectively the “Host”). Without limiting the generality of the foregoing, “XC Ski Activities” includes but is not limited to: cross-country ski classes, courses, skills, drills, techniques, demonstrations, competitions, instruction, camps, coaching, training, clinics, educational sessions or other events provided by or organized by the “Host” for the Participant, in whichever province or territory the “XC Ski Activities” are provided by the “Host”.
Check the box below after reading and understanding each item:
1. I am aware that there are inherent dangers, hazards and risks (collectively “Risks”) associated with “XC Ski Activities” and injuries resulting from these “Risks” are a common occurrence. I am aware that the “Risks” of “XC Ski Activities” are dangerous conditions which are an integral part of “XC Ski Activities”, including but not limited to:
(a) personal or bodily injury including muscle, tendon, ligament, soft-tissue injuries, fractures or broken bones.
(b) collision with other participants, persons, or hazards such as fences, terrain, snow or ice, obstacles, vehicles, natural and human-made features, and subsurface objects.
(c) the potential for other persons or participants to behave in a negligent manner that may contribute to injury to themselves or others, including failing to act within their abilities to maintain control over their equipment, their trajectory or speed.
2. I freely accept the risks and fully assume all responsibility for all “Risks” and possibilities of any and all personal injury, sickness, medical payments, bodily harm, death, property damage, expenses, costs, or loss resulting from my participation in “XC Ski Activities”.
3. I agree that although the “Host” has taken steps to reduce the “Risks” and increase the safety of the “XC Ski Activities”, it is not possible for the “Host” to make the “XC Ski Activities” completely safe. I accept these “Risks” and agree to the terms of this waiver even if the “Host” is found to be negligent or in breach of any duty of care or any obligation to me in my participation in “XC Ski Activities”.
4. In addition to consideration given to the “Host” for my participation in “XC Ski Activities”, I and my heirs, next of kin, executors, administrators and assigns (collectively my “Legal Representatives”) agree:
(a) to waive all claims that I have or may have in the future against the “Host”;
(b) to release and forever discharge the “Host” from all liability for any personal injury, sickness, medical payments, bodily harm, death, property damage, expenses, costs, or loss resulting from my participation in the “XC Ski Activities” due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances), breach of any duty imposed by law, breach of contract, or breach of statutory or other duty of care (including any owed under the Occupier’s Liability Act), or any mistake or error in judgment of the “Host”; and
(c) to be liable for and to hold harmless and indemnify the “Host” from all actions, proceedings, claims, damages, costs, demands, including court costs and costs on a solicitor and own client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with my participation in “XC Ski Activities”.
5. I agree that this waiver and all terms contained herein are governed exclusively and in all respects by the laws of the Province of Alberta. I hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Alberta and I agree that no other court can exercise jurisdiction over the terms and claims referred to herein. Any litigation to enforce this waiver will be instituted in the Province of Alberta.
6. I confirm that I have had sufficient time to read and understand this waiver in its entirety. I understand that this agreement represents the entire agreement between myself and the “Host”, and it is binding on myself and my “Legal Representatives”.
7. I confirm that I have reached the age of majority in the province in which I am participating in “XC Ski Activities”. 8. This agreement may be signed electronically and in counterparts.
I hereby acknowledge that I have read and understood the above conditions.
