Exclusion of Liability - Assumption of Risk

Exclusion of Liability – Assumption of Risks

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;
  • And NEGLIGENCE ON THE PART OF THE OPERATOR and its directors, officers, employees, instructors agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns.