689 Griffith St., London, ON, CA

L.S.C. Racing @ BOLER MOUNTAIN

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

(hereinafter referred to as the “Release Agreement”)

BY SIGNING THIS AGREEMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS,

INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS LIABILITY ACT OR CLAM COMPENSATION FOLLOWING AN ACCIDENT.

PLEASE READ CAREFULLY!

* All participants over the age of 18 must sign a separate waiver.

TO:

London Ski Club Racing & Boler Mountain and its directors, officers, employees, coaches, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (hereinafter collectively referred to as the “Releasees”).

SECTION 1: ACKNOWLEDGEMENT OF RISKS - PLEASE READ CAREFULLY!

I am aware that skiing and participating in training sessions, lessons, races, dryland training and/or special events (collectively referred to as the “Activity”) involve many risks, dangers and hazards including but not limited to: riding and disembarking ski lifts; changing weather conditions; avalanches; exposed rock; earth; ice and other natural objects; trees; tree wells; tree stumps and forest dead fall; the condition of snow or ice on or beneath the surface; negligent first aid; failure to act safely or within one’s own ability to stay within designated areas; negligence of other persons; and RISKS RESULTING FROM THE NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY DUTY OF CARE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM, OR WARN ME OF, THE RISKS, DANGERS AND HAZARDS.I also understand that other risks include variations in the terrain which may create blind spots or areas of reduced visibility; variations in the surface or sub-surface, including changes due to natural or man-made artificial snow; variable and difficult conditions; streams, creeks, and exposed holes in the snow pack above streams or creeks; cliffs; crevasses; snowcat roads, road-banks or cut-banks; collision with lift towers, fences, snow making equipment, snow grooming equipment, snowcats, snowmobiles or other vehicles, equipment or structures; encounters with domestic and wild animals including but not limited to dogs, racoons and bears; exposure to INFECTIOUS DISEASE CONTRACTED THROUGH VIRUSES, BACTERIA, PARASITES, AND FUNGI WHICH MAY BE TRANSMITTED THROUGH DIRECT OR INDIRECT CONTACT; collision with other persons; loss of balance or control; slips, trips and falls; and accidents during participation in the Activity and other risks both in and out of a race course including maneuvers on both natural and manmade features. I am also aware that the risks, dangers and hazards referred to above exist throughout the ski area and many hazards are unmarked.

SECTION 2: ASSUMPTION OF RISKS - PLEASE READ CAREFULLY!

I FREELY ACCEPT AND FULLY ASSUME ALL THE RISKS, HAZARDS, DANGERS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH OR PROPERTY DAMAGE (AS SET OUT IN SECTION 1) WHILE ENGAGED IN OR AS A RESULT OF MY VOLUNTARY PARTICIATION IN THE ACTIVITY

SECTION 3: RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. THESE CONDITIONS WILL AFFECT YOU LEGAL RIGHTS - PLEASE READ CAREFULLY!

IN CONSIDERATION OF the Releasees accepting my application for training and racing, and for permitting my use of London Ski Club Racing facilities and equipment, I hereby agree as follows:

  1. I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, that arise or result from in whole or in part, participating in the Activity and, without limitation, claims arising out of or resulting from THE NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY DUTY OF CARE OWED BY THE RELEASEES UNDER THE OCCUPIERS’ LIABILITY ACT;
  2. WAIVE ANY AND ALL CLAIMS I HAVE OR MAY HAVE IN THE FUTURE including all damages, loss or injury not now known or anticipated but which may arise in the future and all effects and consequences thereof against the Releasees;
  3. RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE, INJURY AND DEATH, INCUDING ANY CLAIM FOR CONTRIBUTION AND INDEMNITY, that I may suffer from my participation in the Activity DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTACT AND ANY DUTY OF CARE OWED TO ME BY THE RELEASEES UNDER THE OCCUPIERS’ LIABILITY ACT. . I UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE; and
  4. INDEMNIFY AND HOLD HARMLESS the Releasees from any and all liability, including claims for contribution and indemnity. for any damage to property of or personal injury to, any third party, resulting from my, or my family member or next of kins, use of the Releasees’ property or participation in the Activity.
  1. AGREEMENT BINDING - 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;
  2. JURISDICTION - 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 Ontario and no other jurisdiction. Any litigation involving the parties to this Release Agreement shall be brought solely within Ontario and shall be within the exclusive jurisdiction of the Courts of Ontario; and
  3. SEVERABILITY - If any provision of this Release Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions hereof, and each provision is hereby declared to be separate, severable and distinct

In entering into this Release Agreement, I am not relying upon any oral or written representations or statements made by the Releasees with the respect to the safety of the Activity other than what is set forth in this Agreement

I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

Signature of Participant:
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