Exclusion Of Liability

Assumption of Risks

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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 and Snowboarding

Skiing, snowboarding, and cross country skiing (nordic) involves various risks, dangers and hazards including, but not limited to the following:

  • boarding, riding and disembarking ski lifts;

  • changing weather conditions;

  • avalanches;

  • 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 lessons;

  • infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact;

  • 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.

Alpine Ski/Snowboard Boot Binding Systems

The ski boot/binding system for alpine skiing may not release during every fall or may release unexpectedly. The ski boot/binding system is no guarantee that the skier will not be injured. The snowboard boot/binding system is not designed or intended to release and will not release under normal circumstances. Given the snowboard boot binding system is a non-release system, the system will not reduce the risk of injury during a fall and will increase the risk of not surviving an avalanche.


Helmets

A helmet designed for recreational snow sports may reduce the risk of some types of head injuries. Helmets are strongly recommended. In some ski area programs (for example snow school lessons involving minors) helmets are mandatory. Helmets for skiing and snowboarding are light, comfortable and have achieved wide-spread acceptance. Please note however that helmets have limitations and that serious head injury can still occur even when a helmet is worn. Wearing a helmet is no guarantee of safety.