Terms of Services and Waiver

Last updated: Nov 5 2025

This Terms of Service governs the use of all products and services offered by Mtn Pros Inc., doing business as “Mountain Pro” (“MP,” “we,” “us,” or “our”).

1. Acceptance of Terms

By creating an account, browsing listings, or booking/hosting a lesson on Mtn Pros Inc., doing business as “Mountain Pro” (“MP,” “we,” “us,” or “our”), you agree to comply with and be legally bound by these Terms of Service (“Terms”). If you do not agree, you must not use the Platform.

2. Definitions

Platform – The Mountain Pro website, mobile site, and related services.
Student – Any user who books or intends to book a lesson.
Instructor – A certified professional who lists, manages, and delivers lessons through Mountain Pro.
Resort Partner – A ski area that has authorized Mountain Pro lessons on its terrain and may elect to receive a revenue share.
Lesson – Any on-snow or mountain-sport instruction service booked via the Platform.
Service Fee – 15% of the lesson price retained by Mountain Pro.
Resort Share – An optional percentage retained by the Resort Partner, if applicable.

3. Platform Overview

Mountain Pro is an online marketplace that facilitates connections between Students and Instructors. Mountain Pro is not a party to the contract between Student and Instructor, nor a provider of instruction services.

4. Eligibility

Users must be 18 years or older (or the age of majority in their jurisdiction).
By registering, you confirm that you have read and understood these Terms and our Privacy Policy.

5. Account Registration

Provide accurate, current, and complete information.
Keep your credentials confidential; you are responsible for all activities that occur under your account.
Mountain Pro may suspend or terminate accounts for violations of these Terms.

6. Payments & Fees

All payments are processed through Stripe Connect.

Service Fee: 15% retained by Mountain Pro.
Resort Share: up to 35% of lesson sales goes to the Resort Partner. Applied only where the Resort Partner has opted in.
Instructor Payout: 50%-85% of the lesson price. If the resort does not opt in the Resort Share Program, then the portion goes to instructor. released 48 hours after lesson completion.
Users are responsible for any applicable taxes.

7. Booking, Cancellation & Refund Policy

Students

Cancel ≥ 48 h before lesson → 100% refund (minus payment-processing fee).
Cancel 24–48 h before → 50% refund.
Cancel < 24 h or no-show → no refund.
If the Instructor cancels → choose full refund or free reschedule.

Instructors

Cancel ≥ 48 h before → no penalty.
Cancel 24–48 h before → 15% fee.
Cancel < 24 h or no-show → forfeit payout.

Weather / Lift Closures

If the resort closes, either party may reschedule or request a full refund.

8. Instructor Obligations

Maintain valid certifications as claimed on the instructor's profile.
Arrive 5 minutes before lesson start.
Conduct all communications in the in-app chat; sharing personal payment links is prohibited.
Sessions booked outside Mountain Pro are not insured and may result in account suspension.
Comply with all resort rules, including helmet mandates and terrain closures.

8A. Instructor Agreement & Independent Contractor Relationship

Independent Contractor Status. You act solely as an independent contractor, not as an employee, agent, partner, or joint venturer of Mountain Pro; you have no authority to bind Mtn Pros Inc.
Taxes & Legal Compliance. You are responsible for your own taxes and legally required licenses/permits.
Insurance & Risk Acknowledgment. Maintain appropriate personal/professional liability/accident coverage; Platform coverage applies only to bookings on the Platform.
Professional Standards & Conduct. Safety, integrity, compliance with resort rules; harassment/discrimination/unsafe behavior leads to suspension/termination.
Certification & Verification. Maintain valid instructor/first-aid credentials; provide proof on request.
Payments & Cancellations. Payouts per §6; late cancellation/no-show forfeits payout; payouts may be adjusted/held in disputes/refunds/violations.
Content Ownership & Use. You own your content; you grant Mountain Pro a non-exclusive, royalty-free license to display/promote it.
Confidentiality. Keep user/resort/company data confidential; use only Platform channels.
Disciplinary Action. Breaches may result in suspension/termination without relieving existing obligations.
Relationship to Students. You contract directly with Students; Mountain Pro is not your employer.
Acknowledgment. These terms form a binding independent-contractor agreement under Ontario law.

9. Student Obligations

Hold a valid lift ticket or season pass.
Wear a helmet; provide your own equipment or arrange rentals.
Arrive on time; Instructor waits 15 minutes max—unused time is forfeited.
Follow Instructor guidance and resort safety protocols.

10. Resort Participation

Resorts may opt into Mountain Pro, set blackout dates, and select an optional revenue share.
Mountain Pro emails a daily manifest listing all on-site lessons.
Mountain Pro will not operate on resort property without written consent.

10A. Snow Clubs, l Independent Snow Schools & Resort Snow Schools

Definition. Any organization, club, institution, or small business that registers on Mountain Pro to promote/manage/book lessons offered by its instructors.
Platform Role. Mountain Pro is only a booking and payment facilitation platform; not an employer/franchisor/agent of any Snow School.
Resort Authorization & Compliance. Snow Schools must obtain required resort approvals/permits before teaching; Mountain Pro does not guarantee permission at any resort.
Insurance & Liability. Snow Schools maintain their own commercial liability insurance; Platform insurance (if any) applies only to direct Student–Instructor bookings. Snow Schools indemnify and hold harmless Mountain Pro and all Releasees from claims arising from their operations.
Instructor Responsibility. Verify certifications, work authorization, first-aid, and insurance; ensure compliance with Mountain Pro code of conduct and resort rules.
Brand Ownership & Representation. Snow Schools retain their branding; participation does not imply endorsement/partnership; any Mountain Pro references must be factual.
Data & Booking Management. Use Platform tools; manage scheduling/fulfillment/communications within Platform channels; don’t process Student data outside legal basis/consent.
Suspension & Termination. Mountain Pro may suspend/terminate for lack of authorization, false info, safety/insurance/legal breaches, or platform misuse.
Acknowledgment. Snow Schools recognize Mountain Pro is only a booking intermediary and accept full operational responsibility.

11. 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!

ORGANIZATION NAME: MTN PROS INC., and its directors, officers, employees, instructors, guides, trainers, evaluators, volunteers, agents, representatives, independent contractors, subcontractors, suppliers, affiliates, partners, sponsors, insurers, successors, and assigns (all of whom are hereinafter referred to as “the Releasees”).

ADVENTURE ACTIVITIES: (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 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 of Ontario, Canada, and no other jurisdiction.
5. Any litigation involving the parties to this Release Agreement shall be brought exclusively within the Province of Ontario 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.

—

ADDITIONAL DECLARATIONS AND ACKNOWLEDGMENTS (FOR DIGITAL AND GLOBAL USE)

Acknowledgment of Risk
I recognize that participation in snow sports and related adventure activities involves inherent risks, dangers, and hazards, including but not limited to changing weather and snow conditions, loss of balance, collision, equipment failure, and negligence of other participants or instructors. I freely acknowledge and accept that snow sports are inherently risky, and that serious injury or death can result. I choose to participate voluntarily and entirely at my own risk.

Health, Fitness, and Insurance Declaration
I confirm that I am in good physical health and capable of safely participating in snow sports and related adventure activities. I further confirm that I carry my own valid health and/or travel insurance that provides coverage for medical treatment, evacuation, and related costs arising from injuries or accidents that may occur during my participation. I understand that MTN PROS INC.’s insurance does not provide coverage for my personal medical expenses, whether activities take place within or outside Canada, and I agree to be solely responsible for all such costs.

Insurance Coverage Notice
I understand and agree that MTN PROS INC.’s commercial liability insurance applies only to activities conducted within Canada. For any activities, events, or trips organized or participated in outside Canada, MTN PROS INC.’s insurance does not provide coverage of any kind. If I choose to participate in any such activity outside Canada, I do so at my own risk and am solely responsible for obtaining any personal or travel insurance I consider necessary.

Medical Consent and Responsibility
I authorize MTN PROS INC. and its representatives to obtain medical assistance, evacuation, or transport as deemed necessary. I agree to be responsible for all associated costs and to reimburse MTN PROS INC. or its agents for any expenses incurred on my behalf.

Third-Party Partners
I acknowledge that MTN PROS INC. may collaborate with independent resorts, schools, guides, or instructors (“Partners”) to deliver activities. I agree that all such Partners are included as “Releasees” under this Release Agreement.

International Activities
I acknowledge that activities outside Canada may involve different standards of safety, equipment, and medical care. I accept full responsibility for participating in such environments and for arranging any additional insurance or precautions required.

Severability
If any provision of this Release Agreement is found unenforceable or invalid by a court, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect.

Entire Agreement
This Release Agreement constitutes the entire understanding between myself and MTN PROS INC. regarding participation in activities and supersedes all prior discussions or representations, whether oral or written.

Acknowledgment of Understanding
I confirm that I have read this Release Agreement thoroughly, understand its terms, and have had the opportunity to obtain independent legal advice before agreeing. I acknowledge that I am voluntarily waiving substantial legal rights, including the right to sue.

Electronic Records and Signature
I agree that this Release Agreement may be executed and stored electronically. An electronic copy or digital record maintained by MTN PROS INC. shall be admissible as evidence and shall have the same force as an original signed document.

Governing Law and Jurisdiction
This Release Agreement and any rights, duties, or obligations as between the parties shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario, Canada, without regard to conflict-of-laws principles. Any litigation, claim, or proceeding involving the parties shall be brought exclusively in the courts of the Province of Ontario, and each participant attorns to the jurisdiction of those courts, even if the Adventure or activity occurs outside Ontario or outside Canada.

Language Notice
This agreement is provided in English. Translations into other languages may be offered for convenience only. In case of any discrepancy between versions, the English version shall govern.

Digital Acceptance Statement
By clicking “I Agree” or otherwise indicating electronic consent, I acknowledge that this agreement has the same legal effect as a hand-signed paper document under the Electronic Commerce Act (2000, Ontario). This waiver is considered signed and binding even if no personal information is entered or the original PDF form is not physically filled out.

PERSONAL PARTICIPATION AND BOOKING POLICY
This Release Agreement applies only to the individual participant who accepts its terms. Each participant must complete and agree to this waiver personally before participating in any activity organized by MTN PROS INC. Bookings or agreements made on behalf of others (except for parents or legal guardians of minors) are not valid.

MINORS AND PARENTAL CONSENT
If the participant is under the age of 18 years (a “Minor”), this Release Agreement must be accepted by a parent or legal guardian. The parent or legal guardian confirms legal authority to sign on behalf of the Minor and: acknowledges and accepts all terms and risks; agrees to indemnify and hold harmless MTN PROS INC. and all Releasees from any and all claims or causes of action that may be brought by or on behalf of the Minor; and confirms that the Minor is in good physical condition and able to safely participate. This waiver remains binding upon the Minor once they reach the age of majority.

12. Insurance & Safety

Mountain Pro carries third-party liability coverage for lessons booked through the Platform only.
Additional group insurance is available to Instructors via opt-in toggle.
Users acknowledge that mountain sports are inherently risky; helmets are mandatory.

13. Prohibited Conduct

Soliciting or accepting payment outside the Platform.
Posting false, misleading, or inappropriate content.
Engaging in harassment, discrimination, or unsafe behavior.
Using another user’s account or attempting to circumvent security features.
Violation may result in account suspension or termination, and Mountain Pro may withhold payouts.

14. Content & Intellectual Property

Users grant Mountain Pro a non-exclusive, royalty-free license to use, display, and distribute content provided on the Platform.
Mountain Pro trademarks, branding, and software are protected by intellectual-property laws.

15. Disclaimers & Limitation of Liability

Mountain Pro provides the Platform on an “as-is” basis without warranties of any kind.
Mountain Pro is not liable for personal injury, property damage, lost profits, or any indirect or consequential damages arising from lesson participation.
Total liability shall not exceed the amount of fees paid to Mountain Pro in the 12 months preceding the claim.

16. Indemnification

You agree to indemnify and hold harmless Mountain Pro, its officers, employees, and agents from any claims, damages, or expenses arising out of your breach of these Terms or your participation in lessons.

17. Termination & Suspension

Mountain Pro may terminate or suspend access at any time for violations of these Terms. Users may delete their account at any time; outstanding obligations survive termination.

18. Modifications

Mountain Pro may modify these Terms by posting an updated version on the Platform. Continued use after changes constitutes acceptance.

19. Governing Law & Dispute Resolution

Governing law: Province of Ontario, Canada.
Disputes: resolved through binding arbitration in Toronto unless a different venue is required by applicable law.

20. Contact

Questions about these Terms? Email info@mountainpro.ca.