Dagmar Liability Waiver

RELEASE OF LIABILITY

Please scroll down and read the following completely and accept by clicking the button below. *Parent or legal guardian must accept on behalf of child under 18 years of age.

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

BY AGREEING TO THE TERMS OF THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE

SCROLL DOWN AND READ CAREFULLY!

TO: Dagmar Resort Ltd., and its directors, officers, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, and assigns (hereinafter collectively referred to as the “Releasees”).

In this agreement, the terms “skiing” and “snowboarding” shall include all types of alpine snow sports permitted by the SKI AREA OWNERS AND OPERATORS.

ACKNOWLEDGEMENT – SAFETY

I acknowledge that Freestyle Terrain contains many man-made and natural jumps, ramps, embankments and other terrain variations (known as “features”).

I acknowledge that inverted aerial maneuvers substantially increase the risk of serious injury,

I understand that helmets are intended to help reduce the risk of serious head injury, however cannot completely eliminate or prevent this risk. I recognize that helmets do not prevent injury to the wearer’s face, neck or spinal cord.

ASSUMPTION OF RISKS

I am aware that skiing and snowboarding involve many risks, dangers and hazards including, but not limited to: boarding, riding and disembarking ski lifts; changing weather conditions; 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; changes or variations in the terrain which may create blind spots or areas of reduced visibility; changes or variations in the surface or sub-surface, including changes due to man-made or artificial snow; variable and difficult snow 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; collision with other skiers, snowboarders or other persons; the failure to ski safely or within one’s own ability or within designated areas; falls as a result of features in Freestyle Terrain and maneuvers I may carry out in Freestyle Terrain; negligence of other skiers and snowboarders; and NEGLIGENCE ON THE PART OF THE SKI AREA OWNERS AND OPERATORS OR ITS STAFF INCLUDING THE FAILURE ON THE PART OF THE SKI AREA OWNERS AND OPERATORS AND ITS STAFF TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF SKIING AND SNOWBOARDING. I am also aware that the risks, dangers and hazards referred to above exist throughout the ski area and many are unmarked.

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH SKIING AND SNOWBOARDING AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the SKI AREA OWNERS AND OPERATORS accepting my application for a season pass and terrain park pass (if applicable) and permitting my use of its lifts, runs and trails, freestyle terrain, race courses, restaurants, parking and other facilities (hereinafter referred to as the ‘Facilities’), I hereby agree as follows:

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES and Dagmar Resort Ltd., and their respective directors, officers, employees, agents, representatives, successors and assigns (all of whom are hereinafter collectively referred to as ‘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 resulting from either my use of or my presence on the Facilities or travel beyond the ski area boundary, 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 THE OCCUPIERS’ LIABILITY ACT, ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF SKIING AND SNOWBOARDING REFERRED TO ABOVE;
  1. 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 or presence on the Facilities or travel beyond the ski area boundary;
  2. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in the event of my death or incapacity;
  3. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction;
  4. That any litigation involving the parties to this Agreement shall be brought within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario; and
  5. In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of skiing and snowboarding other than what is set forth in this Agreement
  6. The Season Pass issued to the Pass holder is the property of Dagmar Resort Ltd. and is not transferable, not for resale and is revocable for misconduct or breach of the Alpine Responsibility Code.”

 

BY CLICKING BELOW, I AGREE THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT AND ANY DOCUMENTS IN THE LINKS LISTED ABOVE, AND I AM AWARE THAT BY AGREEING TO THE TERMS I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.