Waiver

I, we the undersigned recognize that the sport if skiing is one which may give rise to personal injury and or property damage and I willingly and freely accept all risks associated with the sport of skiing.

I hereby 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, it’s agents and or employees where such right of action is based on the tort of 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 the said HARPER MOUNTAIN SKI CLUB and HARPER MOUNTAIN LIFT LIMITED, its employees and 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 or agents from any liability imposed by section 3(1) of the Occupiers Liability Act, which reads in part, as follows;
3(1) An occupies of premises owes a duty to take that care that in all circumstances of the case reasonable to see that a person… will be reasonably sage using the premises
(2) The duty of care referred to in sub section 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 sub section 1, an occupier has no duty of care to a person in respect of risks willingly accepted by that person as his own risk.