Mountain Pro Terms of Service, Participation Rules, Insurance Conditions, Privacy, Waiver & Instructor Independent Contractor Agreement

Last Updated: January 31, 2026
Operator: MTN PROS INC., operating as Mountain Pro (“Mountain Pro”, “we”, “us”, “our”)

1. Acceptance of Terms & Electronic Signature

By accessing the Mountain Pro platform, creating an account, listing or booking a Session, participating in a Session, or clicking the checkbox indicating acceptance, you confirm that you have read, understood, and agree to be legally bound by this Agreement.

Your checkbox acceptance constitutes a legally binding electronic signature, enforceable to the same extent as a handwritten signature. Mountain Pro may retain electronic records of acceptance (including timestamps, account identifiers, IP address, and the version accepted), which you agree are admissible as evidence.

Incorporation of Platform Policies. Any policies, rules, disclosures, safety notices, fee displays, cancellation/refund/rescheduling rules, eligibility rules, and other terms displayed on the Platform at the time of use or booking (collectively, “Platform Policies”) are incorporated by reference and form part of this Agreement. In the event of conflict, the terms of this Agreement control unless a Platform Policy expressly states it controls for the specific subject matter.

If you do not agree to these Terms, you must not use the Platform.

1A. Electronic Execution of Waiver and Witness Requirement

The Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement set out in Schedule A (the “Waiver”) forms an integral part of this Agreement and is executed at the same time and by the same act as acceptance of these Terms.

The User acknowledges that the Waiver was originally drafted for paper execution and includes signature and witness fields. The User agrees that, when the Waiver is accepted electronically through the Platform, the requirement for a physical or in-person witness is satisfied and replaced by Mountain Pro’s electronic execution process, including user authentication, account credentials, timestamps, IP address, and acceptance records.

The User expressly agrees that their electronic acceptance constitutes valid execution of the Waiver and that Mountain Pro’s electronic records shall be conclusive evidence of execution and consent, to the fullest extent permitted by applicable electronic commerce and evidence legislation.

To the extent permitted by law, the User waives any requirement for a physical witness to the electronic execution of the Waiver.

2. Definitions & Role Capacity

User
Any individual who accesses, registers for, lists, books, participates in, or provides Sessions through the Platform, including Students/Participants and Instructors.

Platform
The Mountain Pro website and related services.

Platform Policies
As defined in Section 1 (Incorporation of Platform Policies).

Session
Any lesson, coaching, guiding, or instructional activity booked through the Platform.

Student / Participant
Any individual who books, attends, or participates in a Session.

Instructor
Any individual who offers, accepts, or delivers Sessions through the Platform.

Resort
A ski area, mountain, or facility where Sessions take place.

A single individual may act in more than one role. Capacity governs obligations. The role performed at the time of the activity determines which obligations, limitations, waivers, and insurance conditions apply.

3. Marketplace Role Disclaimer

Mountain Pro is an online marketplace that facilitates connections between Students and Instructors. Mountain Pro does not provide instruction, does not supervise instruction, and is not a ski or snowboard school.

Mountain Pro does not control snow conditions, terrain, weather, lift operations, Resort policies, or safety patrol decisions, and is not responsible for acts or omissions of Instructors, Students, Resorts, or other third parties.

4. Privacy & Data Use (Consent; Contact Sharing; Third Parties)

By accessing or using the Platform, the User expressly consents to the collection, use, storage, and disclosure of personal information as described in this Section 4 and any Platform Policies relating to privacy.

4.1 Information We Collect

Mountain Pro may collect and process information including:

  • account and identity information (e.g., name, email, phone number);
  • booking and participation details (e.g., Session details, dates, locations, Instructor/Student identifiers);
  • payment-related information processed by third-party payment providers (Mountain Pro does not store full card details);
  • technical and device information (e.g., IP address, logs, device identifiers, browser/app metadata); and
  • communications and support records.

4.2 How We Use Information

Mountain Pro may use personal information to:

  • operate the Platform, create accounts, and facilitate bookings;
  • enable communication between Users (including contact sharing as described below);
  • process payments and payouts through third-party providers;
  • maintain safety, detect fraud, enforce Platform Policies, and investigate incidents;
  • comply with legal obligations and insurer requirements; and
  • improve Platform services.

4.3 Contact Sharing to Facilitate Sessions

To facilitate the booking and delivery of Sessions, Mountain Pro may share a User’s contact information (including phone number and email) with the counterparty to a booking (e.g., sharing a Student’s contact information with a responding or confirmed Instructor, and sharing an Instructor’s contact information with a Student). Contact information is shared only to support communication relating to booking requests, confirmations, scheduling, and Session delivery.

Users must not use contact information obtained through the Platform for unrelated marketing, harassment, or any purpose that violates Platform Policies or applicable law.

4.4 Bookings for Dependents / Minors (Consent on Their Behalf)

Where a Student books a Session for a minor or other dependent, the Student represents they have lawful authority to do so and provides consent on behalf of the dependent for the collection, use, and disclosure of the dependent’s personal information as described in this Agreement, including sharing information with Instructors and service providers as necessary to facilitate the Session.

4.5 Service Providers and Third-Party Processing

Mountain Pro uses third-party service providers to operate the Platform and process payments, communications, analytics, hosting, e-signature records, and related functions (e.g., payment processors such as Stripe, email/SMS providers, hosting providers). These providers may process personal information on Mountain Pro’s behalf, including in jurisdictions outside Canada, subject to their security measures and contractual obligations.

4.6 Legal Disclosures; Insurer and Claims Administration

Mountain Pro may disclose personal information where required to comply with law, respond to lawful requests, enforce this Agreement, or administer and respond to claims, incidents, or insurance inquiries (including sharing relevant information with insurers, brokers, counsel, adjusters, Resorts, or authorities as reasonably necessary).

4.7 Security and Retention

Mountain Pro uses reasonable administrative, technical, and physical safeguards to protect personal information. No system is perfectly secure; Users accept the inherent risks of online systems. Mountain Pro retains personal information only as long as reasonably necessary for Platform operation, legal compliance, dispute resolution, insurance administration, and enforcement of this Agreement.

5. Insurance Overview (Conditional – No Guarantees)

Mountain Pro maintains commercial liability insurance intended to provide coverage for individuals participating in properly booked Sessions conducted through the Platform.

All insurance coverage is strictly subject to the terms, conditions, limits, exclusions, and determinations of the insurer. Mountain Pro makes no representation or guarantee that insurance coverage will apply in any particular circumstance and makes no representation that any User is insured.

Insurance coverage is conditional upon, among other things:

  • the Session being properly booked through the Platform;
  • participation occurring within the permitted scope of operations;
  • compliance with applicable laws, Resort rules, and safety requirements; and
  • adherence to the Designated Operations Restrictions set out below.

Deductibles – No Responsibility Assumed by Mountain Pro

Any insurance coverage maintained by Mountain Pro is subject to deductibles, self-insured retentions, limits, exclusions, and uninsured portions as set out in the applicable insurance policy.

Although Mountain Pro may be required under the insurance policy to advance or pay a deductible to the insurer, Mountain Pro does not assume responsibility for such deductibles as between Mountain Pro and Users.

For clarity (per occurrence):

  • Medical injury claims: deductible of $500
  • General liability claims: deductible of $1,000

To the fullest extent permitted by law, Users are solely responsible for any deductible or uninsured amount arising from claims attributable to their participation or instruction and agree to promptly reimburse Mountain Pro for any deductible paid, regardless of the number of Participants involved. This obligation survives termination.

6. Designated Operations & Participation Rules (Hard Limits)

Sessions conducted through Mountain Pro must remain within the following boundaries. Violation may result in loss of coverage, cancellation, termination, and recovery of costs.

The following activities are strictly prohibited:

  • Teaching or coaching any inverted manoeuvres;
  • Participation in or coaching related to races, competitions, or events;
  • Operating, managing, or assuming responsibility for hills, lifts, or Resort infrastructure;
  • Entering or using out-of-bounds, closed, or restricted terrain.

All Users must follow Resort rules, posted signage, and ski patrol instructions at all times.

7. No Off-Platform Sessions

All Sessions must be booked and conducted through Mountain Pro.

Off-platform, private, cash, or “under-the-table” sessions are strictly prohibited and are outside this Agreement, outside the Waiver, and outside any insurance framework maintained by Mountain Pro. Violations may result in immediate termination.

8. Instructor Independent Contractor Terms

Instructors act solely as independent contractors and are not employees, agents, partners, or joint venturers of Mountain Pro. Instructors have no authority to bind Mountain Pro.

Instructors control how they deliver instruction within the permitted scope, but must comply with these Terms, Resort rules, safety requirements, and Designated Operations Restrictions.

Instructor Indemnity

To the fullest extent permitted by law, Instructors agree to defend, indemnify, and hold harmless Mountain Pro from claims, damages, losses, penalties, and costs arising from the Instructor’s breach, misrepresentation, or instruction outside permitted scope.

Tax Responsibility

Instructors are solely responsible for all tax obligations arising from their activities, including income tax, GST/HST/QST, and statutory contributions. Mountain Pro does not withhold taxes or provide employment benefits.

Instructors must notify Mountain Pro if required to collect taxes and remain fully responsible for reporting and remittance.

9. Instructor Role Switching

An Instructor may also participate in Sessions as a Student. When doing so, the individual acts solely as a Participant and is fully subject to the Waiver in Schedule A.

10. Student Obligations

Students may book Sessions only for themselves or their legal dependents.

By booking for a dependent, the Student represents they have full legal authority to consent to all applicable terms, waivers, and risk assumptions on the dependent’s behalf.

Students must follow Instructor guidance, Resort rules, and safety requirements, and must not request or encourage prohibited activities.

11. Payments, Fees & Cancellations

Payments are processed through Stripe or another provider selected by Mountain Pro. Platform fees apply as displayed.

Cancellation, refund, and rescheduling rules are Platform Policies incorporated by reference and apply as displayed during booking and/or on the Platform at the time of booking.

Mountain Pro may withhold, reverse, or delay payouts in cases of violations, disputes, chargebacks, suspected fraud, or safety concerns, as permitted by applicable law and Platform Policies.

12. Limitation of Liability & No Reliance

To the fullest extent permitted by law, Mountain Pro disclaims liability for injuries, losses, or damages arising from participation in Sessions.

Users acknowledge they are not relying on any oral or written representations regarding safety, insurance coverage, or outcomes, except as expressly stated in this Agreement and Schedule A.

13. Force Majeure

Mountain Pro is not liable for delays, cancellations, or failures caused by events beyond reasonable control, including weather, lift closures, patrol decisions, Resort shutdowns, natural events, or government actions.

14. Entire Agreement

This Agreement, including Schedule A and Platform Policies incorporated by reference, constitutes the entire agreement between the parties and supersedes all prior discussions or understandings.

15. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect to the fullest extent permitted by law.

16. Survival

Sections intended by their nature to survive termination (including without limitation Sections 1, 1A, 4, 5, the Deductibles provisions, 8 (Instructor Indemnity), 12, 14–17, and Schedule A) shall survive termination or suspension of a User’s account and/or this Agreement.

17. Governing Law and Venue

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

Schedule A Controls for Waiver Claims. To the extent Schedule A specifies a different governing law or venue, those provisions apply only to claims arising under or relating to the Waiver (Schedule A) and do not otherwise alter Ontario governing law for the remainder of this Agreement.

Schedule A — Insurer-Required Waiver (Verbatim)

The following Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement is required by Mountain Pro’s insurer and is incorporated verbatim. ADVENTURE WAIVER 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 OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT PLEASE READ CAREFULLY! SIGNATURE OF PARTICIPANT ORGANIZATION NAME: Mountain Pro (MTN PRO INC.) and its (their) directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the Releasees”) ADVENTURE ACTIVITES: (to be referred to as “ADVENTURE”) DEFINITION In this Release Agreement, the term “Adventure” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: Adventure; Adventure rental; orientational and instructional courses, seminars and sessions; travel, transport and accommodation; and other such activities, events and services in any way connected with or related to Adventure. RENTAL AGREEMENT I accept full responsibility for the Equipment rented and agree to pay for any damage to the Equipment and replace the Equipment at full retail value if not returned by the agreed date. PROTECTIVE EQUIPMENT I have been advised to wear all protective equipment that is required by the rules and regulations of the governing body for my Adventure. ASSUMPTION OF RISKS I am aware that Adventure involves many risks, dangers and hazards. The risks, dangers and hazards, including but not limited to: loss of balance; difficulty or inability to control one’s speed and direction; variation or steepness in terrain; rapid or uncontrolled acceleration on hills and inclines; mechanical failure of equipment; variation or changes in the playing surface including rocks, gravel; changing weather conditions; exposure to temperature extremes or inclement weather; travel or transport to and from the sites used for Adventure travel on highways and backcountry roads; encounters with domestic and wild animals including dogs, bears and cougars; collision with pedestrians, motor vehicles, cyclists and other players; failing to play safely or within the limitations of one’s own abilities, negligence of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RISKS RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ADVENTURE. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH ADVENTURE AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of the RELEASEES agreeing to my participation in Adventure and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

  1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in Adventure or use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN ADVENTURE REFERRED TO ABOVE; OR DUE TO NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES IN RESPECT OF THE DESIGN, MANUFACTURE, SELECTION, INSTALLATION, MAINTENANCE, INSPECTION, SERVICE OR REPAIR OF THE EQUIPMENT, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as to the use of the Equipment.
  2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in Adventure or use of the Equipment;
  3. 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. 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 the province where the Adventure takes place and no other jurisdiction; and
  5. Any litigation involving the parties to this Release Agreement shall be brought solely within the province where the Adventure take place and shall be within the exclusive jurisdiction of the Courts of that province. In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in Adventure; other than what is set forth in this Release Agreement. I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE 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. Signed this day of_______ Witness Signature of Participant_______ Please print name clearly__________ Please print name clearly_______ Signature of Guardian if Participant is under age of majority __________ Form 8011 April 2019 Ski and snowboard lessons