Waiver of Liability
By signing below, all participants in the above or any program, service or activity provided by Whistler Fitness Vacations agree and understand that the activities offered are active and athletic in nature, and certain hazards and risks are inherent to the activities and programs and services provided by Whistler Fitness Vacations and cannot be eliminated without destroying the unique character of the activities.
Further, Whistler Fitness Vacations will push the limits of participants’ abilities, including the physical, mental and emotional limits, and are hereby contracted to do so. This cannot be eliminated without destroying the character of the program, activity or service. This poses further risks to participants and all participants voluntarily agree to assume associated risks. In addition to the risks of the activities themselves, there are further risks and hazards including, but not limited to, acts of other participants (including the failure of other participants to follow instructions or obey rules) manufacturers’ defects or malfunctions in equipment, weather conditions, consumption of food or drink, fire, first aid, emergency treatment or other services provided. These inherent risks could result in destruction, loss or damage to equipment, clothing, or other personal property or could result in personal injury or death.
It is a condition of all participants participating in any program, activity or service provided by Whistler Fitness Vacations that the undersigned understands and accepts that it is each participant’s responsibility to (1) ensure he or she considers and understands the risks, dangers, hazards and potential harm inherent in any activity offered by Whistler Fitness Vacations and, (2) determines on that basis whether he or she is fit (physically, emotionally, health-wise, or otherwise) to participate in any activity.
I, the undersigned, understand and accept that it is my responsibility to (1) ensure I consider and understand the risks, dangers, hazards and potential harm inherent in any activity offered by Whistler Fitness Vacations and, (2) determine on that basis whether I am fit (physically, emotionally, health-wise, or otherwise) to participate in any activity. I am aware of and now freely accept the risks in connection with my participation in programs or services offered by Whistler Fitness Vacations.
I hereby consent to participate in a program or service offered by Whistler Fitness Vacations, and do not rely upon any oral or written statements, promises or other communications made by Whistler Fitness Vacations other than set out in this document.
This document will be exclusively governed by and interpreted in accordance with the laws of British Columbia, and any disputes pursuant to same shall be brought in the courts of British Columbia and the courts of British Columbia shall exercise sole and exclusive jurisdiction over any and all disputes arising from or connected with this agreement or the associated service, program or activity provided by Whistler Fitness Vacations, and no other court or adjudicative body in any other jurisdiction shall have jurisdiction to resolve disputes related to this document or a participant’s participation in any service, program or activity provided by Whistler Fitness Vacations. By signing below, you agree to attorn to the jurisdiction of the British Columbia Courts for this purpose.
I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF CATHERINE SMILEY OR WHISTLER FITNESS VACATIONS OR HER OR ITS EMPLOYEES, AGENTS, REPRESENTATIVES OR ASSIGNS TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN ANY OF WHISTLER FITNESS VACATIONS’ PROGRAMS, ACTIVITIES OR SERVICES, INCLUDING PHYSICAL PROGRAMS AND PROVISION OF / INGESTION OF FOOD OR DRINK OR PROVISION OF ACCOMMODATIONS.
I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
I AGREE TO WAIVE ANY AND ALL LIABILITY ON THE PART OF CATHERINE SMILEY, WHISTLER FITNESS VACATIONS, AND ANY OF HER OR ITS EMPLOYEES, AGENTS, REPRESENTATIVES, OR ASSIGNS.
I HEREBY WAIVE, RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARLMESS CATHERINE SMILEY AND WHISTLER FITNESS VACATIONS AND ANY OF HER OR ITS EMPLOYEES, AGENTS, REPRESENTATIVES, OR ASSIGNS FROM ANY AND ALL LIABILITY ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE ABOVE DESCRIBED PROGRAM, SERVICE OR ACTIVITY OR ARISING OUT OF OR IN CONNECTION WITH ANY FOOD, BEVERAGE OR ACCOMMODATIONS PROVIDED.
For the purposes of this Agreement, “liability” means any and all claims, demands, actions and causes of action whatsoever that a participant or participant’s heirs or personal representatives may have against Catherine Smiley or Whistler Fitness Vacations or her or its employees, agents, representatives, or assigns because of accident, illness, injury or death that may be sustained by the participant during or by reason of the above program, activity or service, or provision of accommodations or food or drink or for loss or damage to any property belonging to the participant occurring during or by reason of the above program, activity or service or provision of accommodations or food or drink.