This Release of Liability Agreement is made between Prior Sports ULC (the "Company") and the Participant.
Background
Prior Sports ULC offers a class (the "Class") where participants build a pair of skis, snowboard, or a splitboard (the "Activity"). The Activity involves the use of equipment and machinery, which carries inherent risks of injury.
This Release of Liability Agreement (the "Agreement") is entered into by and between Prior Sports ULC and the Participant for the purpose of releasing Prior Sports ULC from any liability for injuries or damages that may occur during the Class.
The Participant acknowledges and accepts the risks associated with the Activity and agrees to participate in the Class at their own risk.
Prior Sports ULC reserves the right to cancel the Class at any time and to deny entry to the Class to any participant, at its sole discretion.
The Participant give consent to receive medical treatment in case of an emergency during the Class and the Participant agrees to be responsible for any costs associated with such medical treatment.
1. Definitions
Agreement means this Release of Liability Agreement.
Company means Prior Sports ULC, a company incorporated under the laws of British Columbia, Canada, and having its registered office at 1410 Alpha Lake Rd, Whistler, BC V8E 0J3, Canada.
Participant means the individual participating in the Class and/or Activity.
Class means the activity or course offered by the Company where participants build a pair of skis, snowboard, or splitboard.
Activity means the act of building a pair of skis, snowboard, or splitboard during the Class, which involves the use of Equipment.
Equipment means any tools, machinery, or other materials provided by the Company for use during the Class.
Injury means any physical or mental harm, illness, or disability sustained by the Participant during or as a result of participating in the Class.
Damages means any loss, cost, expense, or liability incurred by the Participant or the Company, including but not limited to property damage, medical expenses, or legal fees.
The definitions provided in this section shall have the same meaning throughout the Agreement, unless the context requires otherwise.
Any reference to a person shall include individuals, corporations, partnerships, and other legal entities. Any reference to the singular shall include the plural, and vice versa.
2. Assumption of Risk
The Participant acknowledges and agrees that the Activity involves inherent risks, including but not limited to the use of equipment and machinery, which may result in personal injury, property damage, or even death.
The Participant voluntarily assumes all risks, known and unknown, associated with participating in the Class and the Activity, and acknowledges that they are aware of and accept these risks freely and voluntarily.
The Participant hereby releases, discharges, and covenants not to sue Prior Sports ULC, its employees, agents, and representatives from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by the Participant or any other person, or to any property belonging to the Participant or any other person, while participating in the Class or the Activity.
3. Release of Liability, Waiver of Claims and Indemnity
The Participant agrees to waive any, and all claims that the Participant has or may have in the future against Prior Sports ULC and to release the Prior Sports ULC from any and all liability for any loss, damage, expense or property damage or personal injury, including death that the Participant may suffer or that any next of kin may suffer arising out of or in connection to participation in the Class or the Activity, due to any cause whatsoever, including Negligence, Breach of Contract, or Breach of any Statutory or other Duty of Care, on the part of Prior Sports ULC, and including the failure on the part of Prior Sports ULC to safeguard or protect the Participant from the risks, dangers and hazards of using or participating in the Class or the Activity.
The Participant agrees to Hold Harmless and Indemnify Prior Sports ULC from any and all liability for any loss, damage, expense or property damage or personal injury, including death to any third party arising from participating in the Class or the Activity.
4. Medical Treatment
The Participant hereby consents to receiving emergency medical treatment in the event of any injury or illness arising during or as a result of the Participant's involvement in the Class.
The Participant acknowledges and agrees that any emergency medical treatment may involve, but is not limited to, medical procedures, treatments, or transportation to a medical facility as may be deemed necessary by emergency medical personnel.
The Participant agrees to be solely responsible for any and all costs associated with such emergency medical treatment, including but not limited to ambulance fees, hospital charges, physician fees, and any follow-up care.
The Participant agrees to waive any, and all claims that the Participant has or may have in the future against Prior Sports ULC and to release the Prior Sports ULC from any and all liability for any loss, damage, expense or property damage or personal injury, including death that the Participant may suffer or that any next of kin may suffer arising out of or in connection to any emergency medical treatment provided to the Participant or any consequences arising from such treatment.
The Participant agrees to Hold Harmless and Indemnify Prior Sports ULC from any and all liability for any loss, damage, expense or property damage or personal injury, including death to any third party arising out of or in connection with any emergency medical treatment provided to the Participant.
5. Cancellation and Denial of Entry
Cancellation of Class. Prior Sports ULC reserves the right to cancel the Class at any time, without prior notice or reason, including but not limited to safety concerns, insufficient enrollment, or any other circumstances deemed necessary by Prior Sports ULC. Prior Sports ULC shall not be liable for any damages or losses incurred by the Participant due to the cancellation of the Class.
Denial of Entry. Prior Sports ULC reserves the right to deny entry to the Class to any participant, at its sole discretion, without providing a reason. The denial of entry may be based on any factors, including but not limited to safety concerns, disruptive behavior, or any other circumstances deemed necessary by Prior Sports ULC. Prior Sports ULC shall not be liable for any damages or losses incurred by Prior Sports ULC due to the denial of entry. In the event of cancellation or denial of entry, Prior Sports ULC will provide a refund of the Class fee to the Participant, less any non-refundable administrative fees or costs incurred by Prior Sports ULC. The refund will be processed within 14 business days of the cancellation or denial of entry.
6. Governing Law and Jurisdiction
This Agreement shall be effective and binding upon Purchasers heirs, next of kin, executors, administrators, assigns and representatives, in the event of Purchasers death or incapacity. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction. Any litigation involving the parties to this 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.
7. Severability
If any provision or part of a provision of this Agreement is held to be invalid, illegal, or unenforceable the remaining provisions or parts of this Agreement shall remain in full force and effect.
If any provision or part of a provision of this Agreement is found to be invalid, illegal, or unenforceable, the parties agree to negotiate in good faith to modify or replace such provision or part of a provision with a valid, legal, and enforceable provision that, to the greatest extent possible, achieves the original intent of the parties.
8. Entire Agreement
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes and replaces any prior agreements, representations, or understandings, whether oral or written, between the parties concerning the subject matter hereof.
Any amendment or modification to this Agreement must be in writing and signed by both parties to be effective.
PURCHASER CONFIRMS THAT THEY HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND THEY AWARE THAT BY SIGNING THIS AGREEMENT, THEY ARE WAIVING CERTAIN LEGAL RIGHTS WHICH THEY OR THEIR HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST PRIOR SPORTS ULC.