Loading...

Please fill out the waiver below.  Please make sure you read the entire waiver and understand it before signing.  Please feel free to call or email us if you have any questions about the waiver.  Please also understand that you do not need to fill out this waiver if you are not comfortable with it, but we require a waiver to be complete before participating in our tours. 

Phone:  1-778-871-2539  Email:  info@freshadventures.ca   

RELEASE OF LIABIITY, WAIVER OF CLAIMS
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

(Hereinafter “Release Agreement”)
READ THIS CAREFULLY

 

April 19, 2024


TO: Fresh Adventures and its' director, officers, owner, guides, employees, agents, independent
and sub-contractors, and any assigns or guests (all hereinafter "Releasee").


DEFINITIONS: in this Release Agreement, the term “Adventure Tours” shall encompass all
activities that are organized, set-up, arranged, provided, sponsored or authorized and shall
include, but is expressly not limited to the following: hiking, whale watching, whitewater
rafting, swimming, surfing, skiing (instructing, downhill, xc and snowshoe), canoeing, cycle
touring, mountain biking, and alcohol consumption; rental of equipment for these listed
activities; travel that is provided to and from these listed activities: and any other activity that is
connected in any way or related to Adventure Tours, which also includes being in locales which
have limited medical and emergency services that may result in heightened medical costs; and
wild plants and other foods that may be edible, poisonous, spoiled or otherwise inedible.


ASSSUMPTION OF RISKS: I understand and am completely aware that Adventure Tours
includes a number of risks, dangers, and hazards that are related to weather, terrain, and travel. I
expressly acknowledge that “Fresh Adventures” (hereinafter referred to as “Releasee”) may fail
to predict whether the terrain is safe for Adventure Tours due to weather conditions or otherwise
due to terrain that is unmarked and not inspected; and therefore may involve unknown dangers,
risks, and hazards. I also understand that it is possible to become lost and/or separated from
one’s party or guide due weather, terrain, conditions, or even negligence on behalf of the
Releasee. I understand that includes, but is not limited to the failure by or on behalf of the
Releasee to take the steps that are reasonable to protect or safeguard me from the dangers, risks,
and hazards of Adventure Tours. I understand that I may be in locales which have limited
medical and emergency services that may result in heightened medical costs; and in which
emergency travel may be difficult due to weather conditions and/or terrain. I understand that it
is my responsibility to carry adequate travel and medical insurance, and I am responsible
to pay for my emergency response fees, should I need to be rescued. I understand that
alcohol may be available and/or brought by other guests during Adventure Tours and that alcohol
consumption creates dangers, risks, and hazards. I also understand that I may only ski in
bounds, and adhere to the alpine responsibility code as well as obey all signs and
restrictions at ski hills.


In consideration of being permitted to engage in Adventure Tours, I acknowledge and agree to,
on my own behalf, and on behalf of my personal representatives, heirs, assigns, executors,
administrators and next of kin, as follows:


1. To waive any and all claims that I have or may have in the future against the Releasee
and to release the Releasee from any and all liability for any loss, damage, expense or
injury that includes death, that I may suffer or that my next of kin may suffer as a result of
my participation in Adventure Tours that are due to ANY CAUSE WHATSOEVER,
INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY
STATUTORY OR OTHER DUTY OF CARE WHICH ALSO INCLUDES ANY DUTY
OF CARE OWED UNDER THE OCCUPIERS LIABILTIY ACT, R.S.B.C. 1996, c. 337,
ON THE PART OF THE RELEASEE. I FURTHER UNDERSTAND THAT
NEGLIGENCE INCLUDES THE FAILURE ON BEHALF OF THE RELEASEE TO
TAKE THE REASONABLE STEPS NECESSARY TO PROTECT OR SAFEGUARD ME
FROM THE DANGERS, RISKS, AND HAZARDS OF ADVENTURE TOURS STATED
ABOVE;

I Agree

2. I indemnify and hold harmless the Releasee from any and all losses, liabilities, damages,
demands, costs, causes of action and expenses that they may incur, for any reason whatsoever,
which may arise as a result of my participation in Adventure Tours;  

I Agree

3. This release 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 British Columbia and no other jurisdiction; and

I Agree

4. Any litigation involving the parties to this Release Agreement shall be brought solely within
the Province of British Columbia and shall be within the exclusive jurisdiction of the Court of
the Province of British Columbia.

I Agree

BY SIGNING THIS RELEASE AGREEMENT, YOU WILL WAIVE OR GIVE UP CERTAIN
LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION
FOLLOWING AN ACCIDENT.

I Agree

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information
I grant Fresh Adventures permission to use photos/ videos of me during Adventure Tours in any and all of its publications without payment.*
No
Yes
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
I grant Fresh Adventures permission to use photos/ videos of me during Adventure Tours in any and all of its publications without payment.*
No
Yes
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
I grant Fresh Adventures permission to use photos/ videos of me during Adventure Tours in any and all of its publications without payment.*
No
Yes
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
I grant Fresh Adventures permission to use photos/ videos of me during Adventure Tours in any and all of its publications without payment.*
No
Yes
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
I grant Fresh Adventures permission to use photos/ videos of me during Adventure Tours in any and all of its publications without payment.*
No
Yes
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
I grant Fresh Adventures permission to use photos/ videos of me during Adventure Tours in any and all of its publications without payment.*
No
Yes
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information
I grant Fresh Adventures permission to use photos/ videos of me during Adventure Tours in any and all of its publications without payment.*
No
Yes
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
I grant Fresh Adventures permission to use photos/ videos of me during Adventure Tours in any and all of its publications without payment.*
No
Yes
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
I grant Fresh Adventures permission to use photos/ videos of me during Adventure Tours in any and all of its publications without payment.*
No
Yes
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
I grant Fresh Adventures permission to use photos/ videos of me during Adventure Tours in any and all of its publications without payment.*
No
Yes
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email
A signed copy of this waiver will be sent to the email address you provide.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information
I grant Fresh Adventures permission to use photos/ videos of me during Adventure Tours in any and all of its publications without payment.*
No
Yes
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!