AGREEMENT TO HOLD HARMLESS, WAIVER, AND ASSUMPTION OF RISK WARNING: By signing this document you will give up certain legal rights, including the right to sue, claim damages and seek compensation. - In consideration of the services to be provided by MagicBus Tours Ltd., their agents, representatives, owners, volunteers, participants, representative, employees, contractors and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “MagicBus”), I hereby agree to release, waive and discharge MagicBus, on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estate as follows:
- I acknowledge that my participation in activities such as alpine skiing, snowboarding, winter road travel, consumption of alcohol, and other activities I may engage in in relation to the tour organized by MagicBus (the “Activities”), could result in physical injury, paralysis, death, or damage to myself, to property or to third parties. I understand that insuring my own safety and the security of my property is my own responsibility.
- I expressly accept and assume all of the risks associated with the Activities, including the risk of physical injury, paralysis, death, or damage to myself, to property or to third parties. I acknowledge that my participation in the Activities is purely voluntary, and I elect to participate in the Activities in spite of the risks.
- I acknowledge and agree that if I choose to consume alcohol or cannabis, I agree to do so responsibly and lawfully, and I acknowledge that I do so entirely at my own risk. By signing this document I acknowledge that I am of legal age. Alcohol and cannabis are not permitted on the motorcoach at any time.
- I acknowledge that if any damage results from my actions during my participation in the Activities, whether it be property damage or physical damage to myself or a third party, I am responsible for such damage.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless MagicBus from any and all claims, demands, or causes of action, which are in any way connected with my participation in the Activities. This statement includes any such claims which allege negligent acts or omissions of MagicBus.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in the Activities, or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
- Should MagicBus or anyone acting on its behalf be required to incur lawyer’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- In the event that I file a lawsuit against MagicBus, I agree to do so only in the Province of Alberta, and I further agree that the substantive law of that Province shall apply in that action. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
- I acknowledge that I have had sufficient opportunity to read this entire document, and I confirm that I have read it, understood it, and agree to be bound by its terms.
Booking Policy - All ToursTrip Cancellations: MagicBus Tours reserves the right to cancel a tour at any time. Should this occur, booked patrons will be contacted prior to departure and offered a reschedule or full refund. Payment and Rates: Full payment is required at the time of booking. By phone at 780-478-0429 or 1-800-814-4886 or online at www.magicbus.ca. We accept Visa or Mastercard online. There will be a 3% service charge to all credit card transactions. We accept Visa, Mastercard, debit or cash at the MagicBus Office located at 902, 11834 Kingsway Ave. All rates are in Canadian Dollars (CAD). Unless otherwise specified, meals, lessons, equipment rentals and other additional goods & services are not included. Damaged, Lost or Stolen Property: MagicBus Tours accepts no responsibility for property loss or damage during a tour. Individual participants are responsible for their personal belongings, including ski and snowboard equipment. Disclaimer: MagicBus Tours accepts no responsibility for the actions of persons and/or companies supplying goods and/or services as part of the Package, complication or prolongation of the Package for any reason. MagicBus Tours is not responsible for client participation in activities such as alpine skiing, snowboarding, winter road travel, consumption of alcohol, and other activities related to the tour organized by MagicBus Tours that could result in physical injury, paralysis, death, or damage to self, to property or to third parties. Itineraries: MagicBus Tours will attempt to follow provided trip itineraries as closely as possible. In some circumstances including but not limited to road closures or supplier error, MagicBus Tours may need to modify the itinerary before or during the trip. All patrons will be advised of these changes with as much notice as possible. All itinerary times are approximations and are subject to change based on road conditions, weather, traffic, etc. Motor coaches/ buses: While every effort is made to ensure it, there are times where the motor coach/ bus may not be exactly as shown or described. MagicBus Tours is not required to provide compensation should this occur. Force Majeure – Acts of God: A full refund or credit will be made available at the sole discretion of the company. Force Majeure – Acts of Government: A full credit will be made available at the sole discretion of the company. Patron Responsibility: It is the patron’s responsibility to ensure that your online bookings are correct. Please ensure that dates, passenger names, hotel selection, etc. are correct while making the booking and when you receive the booking confirmation. MagicBus Tours will not be responsible for bookings that patrons made incorrectly. If any mistakes have been made, please contact MagicBus Tours to have them corrected. Patrons using MagicBus Tours services who decide to not return home on the bus for whatever reason are required to tell Guest Services on mountain or their acting MagicBus Tour Director prior to departure. If the patron does not let Guest Services or their Tour Director know prior to departure and a mountain search is initiated, the patron may be responsible for the costs associated with the search. If patrons are violent, under the influence of drugs and/or alcohol, and/or are doing anything that may cause harm or danger to themselves or others, MagicBus reserves the right to refuse service. No compensation will be provided. Should a delay occur, patrons will be responsible to pay any expenses related to the delay. MagicBus Tours reserves the right to review and confirm the details and prices on all tours and products. Rates and terms are subject to change without notice. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted or a tour has been booked). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed or tour booked based on incorrect pricing or availability information. Kicking Horse Weekender Terms & Conditions (supersedes our regular MagicBus Terms & Conditions): 1. Cancellations less than 20 days prior to departure are 100% non-refundable: This means that if you cancel your reservation within 20 days of your scheduled departure, you will not receive any refunds for the amount you paid. 2. MagicBus Tours and its suppliers are not liable for any unused portion of a guest stay: This statement indicates that if, for any reason, you are unable to use or complete a portion of your travel or stay, neither MagicBus Tours nor its suppliers will be held responsible or liable for any losses or compensation. 3. The purchase of travel insurance is highly recommended to cover situations of loss: We suggest all travelers to consider purchasing travel insurance, which can help protect against financial losses or unforeseen situations that might prevent you from going on your trip or completing your stay. Travel insurance typically covers cancellations, medical emergencies, lost luggage, and other travel-related issues. Contact MagicBus Tours for a quote. If you have NOT agreed to all statements above, you are not permitted to ride with MagicBus at this time.
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