Notice to all users of these premises and facilities
Exclusion of Liability (PDF) Point of Entry Exclusion of Liability (PDF)
Exclusion of liability, Assumption of risk, Jurisdiction
Your use of these premises and facilities and participation in activities on the premises involve various risks, dangers and hazards. Please visit the Safety & Risk Awareness website at: www.skisafety.ca or see below below for a description of these risks, dangers and hazards. A description of these risks, dangers and hazards is also available at guest services.
As a condition of your use of the premises and facilities and your participation in activities on the premises, you assume all risk of personal injury, death or property loss resulting from any cause whatsoever including NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT ON THE PART OF THE OPERATOR OF THE PREMISES AND FACILITIES and its employees and representatives (hereinafter collectively referred to as “the Operator”).
- You agree that the Operator shall not be liable for any personal injury, death or property loss and release the Operator from all liability and waive all claims with respect thereto.
- Negligence includes failure on the part of the Operator to take reasonable steps to safeguard or protect you from or warn you of the risks, dangers and hazards referred to above.
- Any litigation involving the Operator shall be brought solely within British Columbia and shall be within the exclusive jurisdiction of the British Columbia Court.
- These conditions and any rights, duties and obligations involving the Operator shall be governed by and interpreted solely in accordance with the laws of British Columbia and no other jurisdiction.
THE OPERATOR’S LIABILITY FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS LIABILITY ACT IS EXCLUDED BY THESE CONDITIONS.
Risks, dangers and hazards
The use of ski area premises and facilities and participation in activities at ski areas involves various risks, dangers and hazards. It is a condition of your use of the premises and facilities and your participation in these activities that you assume all risk of personal injury, death or property loss resulting from any cause whatsoever, including negligence, breach of contract, or breach of any duty of care on the part of the ski area operator. Your legal responsibility as a user of the ski area premises and facilities or participant in activities at the ski area is explained in the following notice, which you will see posted at the ski area.
Skiing, snowboarding, biking and hiking involve various risks, dangers and hazards including, but not limited to the following:
- Boarding, riding and disembarking lifts;
- Changing weather conditions;
- Avalanches;
- Exposed rock, earth, ice and other natural objects;
- Trees, tree wells, tree stumps and forest deadfall;
- The condition of snow or ice on or beneath the surface;
- 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 man-made or 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 dogs and bears;
- Collision with other persons;
- Loss of balance or control, slips, trips and falls;
- Accidents during snow school and biking lessons;
- Negligent first aid;
- Failure to act safely or within one’s own ability or to stay within designated areas;
- Negligence of other persons;
- Infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; and
- Negligence on the part of the operator and its directors, officers, employees, instructors agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns.