Acknowledgement of the Independent Status of Instructors and Risk Acceptance Agreement and Release of Liability
Course participants declare that they understand and accept that backcountry snow sports involve inherent risks that can result in physical endangerment or death. Participants understand that they participate in courses at their own risk.
Participants must remember that they are responsible for choosing what they do or do not do in the mountains. WEMountain recommends that participants begin with low-risk projects and progress gradually from there. The goal of participants should be to learn more about themselves and the environment so they are able to make the choices that they consider appropriate.
IN CONSIDERATION OF THE FOREGOING, THE PARTICIPANT ACKNOWLEDGES THAT THEY UNDERSTAND AND ACCEPT THAT SMART SPORTS AND/OR THE INSTRUCTOR (AND/OR THEIR RESPECTIVE EMPLOYEES, BODIES AND ASSIGNS) BEAR NO LIABILITY OF ANY KIND WITH RESPECT TO THE WEMOUNTAIN COURSE TO THE FULLEST EXTENT PERMITTED BY LAW. IF REQUIRED, THE PARTICIPANT DECLARES THAT THEY WAIVE ALL CLAIMS AND ALL ACTIONS THEY MAY HAVE IN THIS REGARD AGAINST SMART SPORTS SARL, THE INSTRUCTOR AND/OR THEIR RESPECTIVE EMPLOYEES, BODIES AND ASSIGNS.
For T-Learning courses, the participant acknowledges they understand and agree that the instructor with whom they will take the WEMountain training course (“Instructor”) is authorized by Smart Sports Sàrl to provide that training course and use all related brands, but that the Instructor shall not in any circumstance be considered an agent, employee, subsidiary or associate of Smart Sports Sàrl. The Instructor and Smart Sports Sàrl act in all material respects as independent actors. In particular, the Instructor is not authorized to represent Smart Sports Sàrl. While Smart Sports Sàrl sets the standards for WEMountain training courses, it is not responsible for their implementation by the Instructors nor for supervising the Instructors.
The foregoing acknowledgements have been drawn up in multiple languages. In the case of discrepancies, the French shall prevail. They are subject to Swiss substantive law. The exclusive place of jurisdiction is Lausanne.
