General + Rental Waiver

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT BY ACCEPTING THIS RELEASE YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY!

All Grouse Mountain passes sold are subject to the Northland at Grouse, Limited Partnership by way of its General Partner Grouse Mountain Management, Inc. Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement ("the Release Agreement"). The Electronic Transactions Act of British Columbia, SBC 2001, c. 10 provides that a contract may be entered into by clicking on an appropriately designated icon on a computer screen, as is provided for in this web site. The Release Agreement will affect your legal rights and we recommend you read it carefully before accepting. Persons purchasing a Grouse Mountain pass for another, accept the Release Agreement as agent of the passholder. PLEASE READ CAREFULLY!

TO: NORTHLAND AT GROUSE, LIMITED PARTNERSHIP BY ITS GENERAL PARTNER GROUSE MOUNTAIN MANAGEMENT, INC., NORTHLAND AT GROUSE PROPERTY HOLDINGS, INC., METRO VANCOUVER REGIONAL DISTRICT, GREATER VANCOUVER WATER DISTRICT, and their respective directors, officers, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (hereinafter collectively referred to as the ?Releasees?).

ASSUMPTION OF RISKS
I am aware that skiing, snowboarding, ice-skating, snow sliding, sleigh riding, hiking, snowshoeing, cross-country skiing and sightseeing (hereinafter collectively referred to as the ?Activities?) and the use of the facilities at Grouse Mountain involve many risks, dangers and hazards including, but not limited to: boarding, riding and disembarking the tramway and other lifts, tows or conveyors; slips, trips & falls; sudden and unexpected changes in 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; areas where the trail or route is rough, unstable or not defined; variable and difficult conditions; streams, creeks, and exposed holes in the snow pack above streams or creeks; cliffs; exposed holes on or adjacent to the trails; rockfall; 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 persons, encounters with wild animals including bears; overexposure to the sun, fatigue, dehydration, hypothermia and overexertion; becoming lost or separated from one?s party; loss of balance or control; failure to act safely or within one?s own ability or to stay within designated areas; negligence of other skiers, snowboarders and other persons; and NEGLIGENCE 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 THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. I am also aware that the risks, dangers and hazards referred to above exist throughout Grouse Mountain and that many hazards are unmarked. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees accepting my application for an Annual Grouse Mountain Membership, Summit Seeker Pass, Winter Season Pass or Parking Pass (collectively ?Grouse Mountain Pass?), and permitting my use of the Grouse Mountain lifts, hiking trails including the Grouse Grind, ski runs, trails, terrain parks, race courses, restaurants, day lodge, sliding zone, ice rink and other Grouse Mountain facilities (hereinafter ?the facilities?), I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against 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, as a result of my use of or my presence on the facilities 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, R.S.B.C. 1996, c.337 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 THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for 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;
3. 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;
4. 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 the Province of British Columbia and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia, and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
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 Activities other than what is set forth in this Release Agreement.
The Grouse Mountain Pass issued to the Passholder is the property of Grouse Mountain, is not transferable, not for resale and is revocable for misconduct or breach of the Alpine Responsibility Code.

RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter the ?Release Agreement?)

BY SIGNING THIS RELEASE AGREEMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT

PLEASE READ CAREFULLY!

TO: NORTHLAND AT GROUSE, LIMITED PARTNERSHIP BY ITS GENERAL PARTNER GROUSE MOUNTAIN MANAGEMENT, INC., NORTHLAND AT GROUSE PROPERTY HOLDINGS, INC., METRO VANCOUVER REGIONAL DISTRICT, GREATER VANCOUVER WATER DISTRICT and its directors, officers, employees, instructors, guides, agents, independent contractors, subcontractors, representatives, sponsors, equipment manufacturers, equipment distributors, successors and assigns, (all of whom are hereinafter collectively referred to as ?THE RELEASEES?).

RENTAL AGREEMENT
1. I accept full responsibility for the care of the rental equipment (?the Equipment?) listed on this form and I agree to pay for any damage to the Equipment and replace at full retail value any Equipment not returned by the agreed date.

2. I am familiar with the proper use of the Equipment. I understand that the rental technicians are able to answer questions I may have as to the proper use of the Equipment.

3. [DOWNHILL SKI EQUIPMENT ONLY] I have made no misrepresentation in regard to my height, weight, age or skier type. (This information is required in order to properly adjust the ski boot/binding settings). I agree to verify that the settings appearing in the visual indicator windows on the bindings correspond with the settings to be recorded on this form.

ASSUMPTION OF RISKS
I am aware that skiing, snowboarding, snow sliding, skating, skiboarding and snowshoeing involve risks, dangers and hazards and that injuries are a common and ordinary occurrence of these sports.

- SKIING
I understand that the ski boot/binding system may not release during every fall or may release unexpectedly. The ski boot/binding system is no guarantee that the user will not be injured.


- SNOWBOARDING / SNOW SLIDING / SNOWSHOEING/ ICE SKATING
I understand that the boot/binding system is not designed or intended to release and will not release under normal circumstances. I understand that as the boot/binding system is a non-release system, this system will not reduce the risk of injury during a fall and will increase the risk of not surviving an avalanche.
USE OF A HELMET IS RECOMMENDED WHILE SKIING, SNOWBOARDING OR SKATING
- HELMETS
I understand that a helmet designed for RECREATIONAL SNOW SPORTS/ ICE SKATING use will help reduce the risk of some types of injuries to the user at slower speeds. I recognise that serious injury or death can result from both low and high energy impacts, even when a helmet is worn.

I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE USE OF THE EQUIPMENT.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the rental of the Equipment, I hereby agree as follows:

1. I AGREE TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE THE RELEASEES from any and all liability for any damage, expense or injury including death that I may suffer, or that my next of kin may suffer, resulting from or arising out of any aspect of my use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF STATUTORY DUTY OF CARE, INCLUDING ANY DUTY OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c.337, in respect of the selection or maintenance of the Equipment or in respect of the provision or failure to provide any warnings, directions or instructions as to the use of the Equipment or the risks, dangers and safety and hazards of skiing, snowboarding, skating, snow sliding and snowshoeing.

2. 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 the Equipment;

3. 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;

4. 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 the Province of British Columbia and no other jurisdiction; and

5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.


I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY ACCEPTING 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.