NOTE: Marble Mountain Resort does not accept paper waivers, please submit electronically.

MARBLE MOUNTAIN DEVELOPMENT CORPORATION

PLEASE COMPLETE THE SEASON PASS WAIVER FOR EACH PASS HOLDER

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
                            (hereinafter referred to as the “Release Agreement”)                                BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL                  RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF                                 CONTRACT OR BREACH OF THE OCCUPIERS' LIABILITY ACT OR                                              CLAIM COMPENSATION FOLLOWING AN ACCIDENT                                                                                         PLEASE READ CAREFULLY!                                                                This Release Agreement shall apply to all subsequent pass & card renewals. 

TO: MARBLE MOUNTAIN (NL) and its directors, officers, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (hereinafter collectively referred to as the “Releasees”).

SECTION 1: ACKNOWLEDGEMENT OF RISKS – PLEASE READ CAREFULLY!

I am aware that skiing, snowboarding and participating in snow school lessons, clinics and sessions (collectively referred to as the “Activity”) involve many risks, dangers and hazards including, but not limited to: boarding, riding and disembarking ski lifts; changing weather conditions; avalanches; exposed rock, earth, ice, and other natural objects; trees, tree wells, tree stumps and forest deadfall; the condition of snow or ice on or beneath the surface; negligent first aid; failure to act safely or within one’s own ability or to stay within designated areas; negligence of other persons; and RISKS RESULTING FROM THE NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY DUTY OF CARE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM, OR WARN ME OF, THE RISKS, DANGERS AND HAZARDS. I also understand that other risks include 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; exposure to INFECTIOUS DISEASE CONTRACTED THROUGH VIRUSES, BACTERIA, PARASITES, AND FUNGI WHICH MAY BE TRANSMITTED THROUGH DIRECT OR INDIRECT CONTACT; collision with other persons; loss of balance or control; slips, trips and falls; and accidents during participation in the Activity. I am also aware that the risks, dangers and hazards referred to above exist throughout and beyond the ski area and that many hazards are unmarked.

SECTION 2: ASSUMPTION OF RISKS – PLEASE READ CAREFULLY!

SECTION 3: RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. THIS CONDITIONS WILL AFFECT YOUR LEGAL RIGHTS – PLEASE READ CAREFULLY!

3. AGREEMENT BINDING - This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;

4. JURISDICTION - This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of Newfoundland and no other jurisdiction. Any litigation involving the parties to this Release Agreement shall be brought solely within Newfoundland, and shall be within the exclusive jurisdiction of the Courts of Newfoundland; and

5. SEVERABILITY - If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions hereof, and each provision is hereby declared to be separate, severable and distinct.

In entering into this Release Agreement, I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of skiing or snowboarding other than what is set forth in this Agreement.

The Season Pass issued to the Passholder is the property of Marble Mountain, is not transferable, not for resale and is revocable for misconduct or breach of the Alpine Responsibility Code.

I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

TERMS AND CONDITIONS

- Guests must have a valid lift ticket or season pass on their person at all times. Guests may encounter ticket checking at any lift at any time.
- Season passes remain the property of Marble Mountain Development Corporation, and are not transferable and will be revoked for misuse, foul language, or violation of the Marble Mountain Resort Code of Conduct.
- Season pass holders caught transferring, reproducing, selling, and/or sharing their season pass will be reported to the RCMP and will lose their skiing/snowboarding privileges for the remainder of the season.
- Season pass holders are responsible for any misuse while the pass in not in their possession. Any lost or stolen passes should be reported immediately to Marble Mountain Resort Guest Services.
- All season pass holders must sign a Release of Liability Form prior to receiving their season pass. Guests under 19 years of age must have a parent or legal guardian sign a release of liability waiver on their behalf before the season pass can be issued.
- Season pass holders must show proof of age and address when picking up passes. Proof of full time enrollment, in the winter term, is required for college and university students.
- Pass holders caught skiing/snowboarding in closed or out of bounds areas will have their season pass and skiing/snowboarding privileges revoked for the season with no refund.
- Season passes are not refundable under any circumstances. In instances where a medical issue occurs, a season pass holder may apply for a deferral. Deferrals will be awarded on a pro-rated basis, given that the application from the affected pass holder is received on or before February 15. Additional information and applications are available at Marble Mountain Resort Guest Services.
- I hereby authorize Marble Mountain Resort to use any pictures or video taken of me at the Resort for promotional purposes. This includes but is not limited to: Website, Social Media, Signage, and Print Collateral.

Marble Mountain Resort Code of Conduct
Our goal at Marble Mountain Resort is to provide an exceptional skiing/snowboarding experience for all of our guests. All guests of the Resort are required to abide by the code listed below. Season pass or lift ticket holders caught in violation of the code of conduct will have their skiing/snowboarding privileges revoked and be responsible for any associated fines:

• Follow the Alpine Responsibility Code
• Be cordial and respectful to all fellow skiers/snowboarders and employees
• Respect all closed, out of bounds areas and slow zones
• Refrain from using any profane or abusive language on Resort property
• Alcohol consumption is restricted to licensed areas at the Resort
• Zero tolerance of narcotic's use
• Be accountable for your own actions

I have read and I understand the terms and conditions for purchasing a Marble Mountain Development Corporation Season Pass