Harper Mountain Ski Club & Harper Mountain Lift Limited
I, we the undersigned recognize that the sport of skiing is one which may give rise to personal injury and or property damage and I willingly and freely accept all the risks associated with the sport of skiing.
I, herby waive any right of action against the HARPER MOUNTAIN SKI CLUB and HARPER MOUNTAIN LIFT LIMITED, which I might have as a result of personal injury or property damage resulting from the acts of the HARPER MOUNTAIN SKI CLUB and HARPER MOUNTAIN LIFT LIMITED, its employees and or agents. I specifically waive any right of action against the said HARPER MOUNTAIN SKI CLUB and HARPER MOUNTAIN LIFT LIMITED, its agents and or employees where such right of action is based on the tort go negligence or a breach of an express or implied term of contract. In addition, I waive any and all rights of action which I may have against HARPER MOUNTAIN SKI CLUB and HARPER MOUNTAIN LIFT LIMITED, its employees or agents, and which rights are based on the Occupier's Liability Act, RSBC 1979, C.303, and amendments thereto. Without restricting the foregoing in any way whatever I specifically release the said HARPER MOUNTAIN SKI CLUB and HARPER MOUNTAIN LIFT LIMITED, its employees and agents from any liability imposed by section 3(1) of the Occupier's Liability Act, which reads in part as follows:
3 (1) An occupier of premises owes a duty to take that care that in all the circumstances of the case is reasonable to see that a person, and his property, on the premises, and property on the premises of a person, whether or not that person himself enters on the premises, will be reasonably safe in using the premises.
(2) The duty of care referred to in subsection (1) applies in relation to the
(a) condition of the premises;
(b) activities on the premises; or
(c) conduct of third parties on the premises.
(3) Notwithstanding subsection (1), an occupier has no duty of care to a person
(a) in respect of risks willingly accepted by that person as his own risks,
I have read and fully understand the foregoing and have signed this waiver clause without any forms or duress, undue influence or coercion having been applied to me with respect to this signature