TO: WHITE SQUIRREL INVESTMENTS LTD. (“White Squirrel”) and its directors, officers, employees, agents, representatives,
volunteers, independent contractors, subcontractors, sponsors, successors and assigns (hereinafter collectively referred to as the
SECTION 1: ACKNOWLEDGEMENT OF RISKS – PLEASE READ CAREFULLY!
I am aware that cross-country skiing, snowshoeing, biking, running, walking and hiking (collectively referred to as the “Activity”) involve many risks, dangers and hazards including, but not limited to: changing weather conditions; 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; negligent first aid; failure to act safely or within one’s own ability or 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 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 fences, snowmobiles or other vehicles, equipment or structures; encounters with domestic and wild animals including dogs and foxes; 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. I am also aware that the risks, dangers and hazards referred to above exist throughout and beyond the Activity area and that many hazards are unmarked.
SECTION 2: ASSUMPTION OF RISKS – PLEASE READ CAREFULLY!
I FREELY ACCEPT AND FULLY ASSUME ALL THE RISKS, HAZARDS, AND 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 PARTICIPATION IN THE ACTIVITY
- AGREEMENT BINDING - This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and legal personal representatives, in the event of my death or incapacity;
- 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
- SEVERABILITY - If any provision of this 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 respect to the safety of the Activity and/or the use of the Premises other than what is set forth in this Agreement.
The Activity Pass and permission issued or granted to the Passholder is the property of White Squirrel, is not transferable, not for resale and is revocable for misconduct or breach of the rules and regulations of White Squirrel in place from time to time. Provided this Release Agreement shall continue in full force and effect for the current season and may be relied upon by the Releasees until the earlier of: (i) White Squirrel revoking the Approval; (ii) the undersigned providing White Squirrel with notice from the undersigned or any one or more
of them that this Release Agreement may no longer be relied upon by the Releasees; or (iii) March 31, 2021 whichever shall first occur.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND LEGAL PERSONAL REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.