Read the sample waiver provided below, then complete the questions and activities that follow.

Sample Waiver

By signing this document, you will waive certain legal rights, including the right to sue. Please read carefully.

I am aware that skiing involves many risks, dangers, and hazards, such as boarding, riding and disembarking, ski lifts, ice, trees and other natural objects, changing weather conditions, changes due to humanmade or artificial snow, impact with snow-making or snow-grooming equipment or other structures or any other objects used in connection with skiing and snowboarding, colliding with other skiers, and failing to ski safely, failing to stay within one's skiing level or within designated areas, negligence of other skiers or any negligence on the part of the ski staff. I am also aware that there are many risks throughout the ski area, marked and unmarked. I hereby accept and assume all such risks and hazards and the possibility of injury resulting from any or all of the above.

Release of liability and waiver of claims:

In order to use the skiing facilities, including lifts, runs, restaurants, and parking, I agree as follows:

1. To waive any and all claims against the ski resort's officers, employees, agents, and representatives.

2. To release the ski resort from any and all liability for any loss, damage, injury, or expense I may suffer or that my next of kin may suffer as a result of my use of the skiing facilities for any reason whatsoever, including negligence, breach of statutory duty of care, and/or breach of the Occupiers' Liability Act, R.S.O. 1990.

I have read and understood this agreement prior to signing it, and I am aware that by signing this agreement, I am waiving certain rights against the ski resort.

Questions:

1. Who does the waiver protect? If the ski resort is negligent, does this waiver absolve it of liability?

2.In many cases where the liability of ski operators has been clear, they have been able to successfully defend their negligent actions, based on the exclusion of liability provisions in waivers. This defence has been successful if the operator was able to show that the plaintiff had adequate notice of the exclusion of liability waiver. Should a waiver, such as the one provided, absolve a ski operator of all liability, even if they were grossly negligent?

3.Locate and examine a waiver of your choice. Explain how it affects liability and whether this is appropriate,

4.Assume that you are the owner of a business that involves a certain amount of risk, such as a golf club, an amusement park, a riding stable, or a fitness club. In a group situation, think about the responsibilities and liabilities of the owner/operator. Design a waiver that you think would offer protection from possible lawsuit.