Loading...

Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement

LIBRICOLIBRICOBy signing this document you will waive certain legal rights including the right to sue.
Please read carefully


TO: Librico Helicopters Ltd., Librico Properties Ltd., Librico Capital, Running Bear Expeditions, Slelk Wilderness Experience (each doing Business as Librico Helicopters Ltd.)
(hereinafter collectively referred to as "Librico")

Her Majesty the Queen in Right of the Province of British Columbia
(hereinafter referred to as the "Province")

DEFINITIONS

In this agreement the term “Helicopter Adventure Tours” shall include all activities, events or services provided, arranged or organized by LIBRICO including, but not limited to; orientation and instruction sessions; surface or air transportation, including all helicopter and vehicular travel loading and unloading and travel in or movement around helicopters; skiing, snow boarding, hiking, backpacking, picnicking, sightseeing, flightseeing, fishing, kayaking, stand up paddle boarding, swimming, climbing, mountaineering, mountain biking and other backcountry travel and all other activities, events and services in any way connected with or related to these activities.

ASSUMPTION OF RISKS

I am aware that Helicopter Adventure Tours involve many risks, dangers and hazards. Avalanches, landslides, and rock fall occur frequently in the terrain used for Helicopter Adventure Tours and may be caused by natural forces or by human activities or actions. I acknowledge and accept that LIBRICO and their staff may fail to predict whether the terrain is safe for Helicopter Adventure Tours or whether an avalanche, landslide or rockfall may occur. The terrain used for Helicopter Adventure Tours may be uncontrolled, unmarked or not inspected and involves many risks, dangers, and hazards in addition to that of avalanche, landslide and rockfall. These include but are not limited to: travel over extreme mountainous or alpine terrain where fallen timber, branches, rocks, roots or other obstacles of hazards, steep slopes or unstable ground may cause falls; travel on, through or beside snowfields, glaciers, crevasses, streams, creeks, rivers, ponds and lakes; encounters with domestic animals including dogs, and wildlife, including bears and cougars; miscellaneous health problems related to over-exposure to the sun, insect bites, fatigue, stress, dehydration, hypothermia, exertion, high altitude and lack of fitness; and equipment failure. Additional risks are posed by helicopter travel in a mountainous or alpine environment. Participants may become lost or separated from their guide or party. Communication in the alpine and backcountry terrain is difficult and in the event of an accident, rescue and medical treatment may not be immediately available. Alpine and backcountry weather conditions may be extreme and can change rapidly and without warning. I AM ALSO AWARE THAT A FURTHER RISK, DANGER AND HAZARD OF HELICOPTER ADVENTURE TOURS IS NEGLIGENCE, INATTENTION OR INEXPERIENCE OF OTHER MEMBERS OF MY PARTY, AND NEGLIGENCE ON THE PART OF LIBRICO AND THE PROVINCE, INCLUDING THE FAILURE ON THE PART OF LIBRICO AND THE PROVINCE TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF HELICOPTER ADVENTURE TOURS REFERRED TO ABOVE.  I am further aware that helicopter travel in mountainous terrain involves risks arising by reason of weather conditions, mechanical malfunction and pilot error. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH HELICOPTER ADVENTURE TOURS AND TRAVEL BY HELICOPTER IN MOUNTAIN TERRAIN AND I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. I ACKNOWLEDGE THAT I HAVE BEEN ADVISED TO WEAR APPROPRIATE CLOTHING AND PROTECTIVE WEAR AT ALL TIMES WHILE PARTICIPATING IN HELICOPTER ADVENTURE TOURS, INCLUDING BUT NOT LIMITED TO, A FULL FACE HELMET AND OTHER PROTECTIVE EQUIPMENT SUCH AS ELBOW/ FOREARM AND KNEE/SHIN ARMOUR WHEN MOUNTAIN BIKING. WEARING AN APPROVED HELMET MAY BE MANDATORY UNDER PROVINCIAL LAW.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT, AND PHOTO RELEASE

In consideration of LIBRICO AND THE PROVINCE  allowing me to participate in Helicopter Adventure Tours, 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 LIBRICO AND THE PROVINCE, and their directors, officers, employees, guides, agents, independent contractors, representatives, successors, subsidiaries, affiliates, investors, partners, and shareholders (all of whom are hereinafter collectively referred to as “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 Helicopter Adventure Tours DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, ERRORS, MISTAKES IN JUDGEMENT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, C.337, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE HELICOPTER ADVENTURE TOURS ACTIVITIES REFERRED TO ABOVE; LIBRICO'S LIABILITY IS EXCLUDED BY THESE CONDITIONS;

2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES  from any and all liability for any property damage or personal injury to any third party resulting from my participation in Helicopter Adventure Tours;

3. THAT LIBRICO  reserves the right to take photographic or film records of any of its trips AND AGREE THAT LIBRICO MAY USE ANY SUCH PHOTOGRAPHIC OR FILM RECORDS  for promotional and/or commercial purposes, as well as approve such use by third parties with whom LIBRICO may engage in joint marketing, without any remuneration to me. I HEREBY ASSIGN TO LIBRICO  all right, title and interest I may have in or to any and all media in which my name or likeness might be used by LIBRICO;

4. TO PAY THE COSTS OF EMERGENCY EVACUATION  of my person and belongings that may become necessary;

5. THAT LIBRICO MAY REFUSE  any person who, in the opinion of LIBRICO, is or becomes a hazard to himself or herself. I also acknowledge and agree that such refusal will not obligate a refund or any payment made or to be made to LIBRICO, or any of their agents.

6. THAT I WILL BE RESPONSIBLE  for any and all damage that may occur to any equipment rented or owned while in my possession.

7. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, and representatives, in the event of my death or incapacity;

8. This Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia, Canada and no other jurisdiction; and

9. Any litigation involving the parties to this Agreement shall be brought within the Province of British Columbia, City of CHILLIWACK and of the LIBRICO entities will name only LIBRICO HELICOPTERS LTD. which is the primary operator of the Helicopter Adventure Tours and holds the relevant Air Operator Certificates and provincial tenures.

In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of Helicopter Adventure Tours, other than what is set forth in this Agreement.

I CONFIRM THAT I HAVE HAD AN OPPORTUNITY TO CONSIDER AND READ THIS AGREEMENT AND HAVE CAREFULLY READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT. I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. THIS WAIVER HAS NOT BEEN ALTERED.


First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Activity
Back Country Dropoff
Event
Filming
Heli-Hiking
Heli-Picnic
Mountain Top Yoga
Sightseeing
Wedding / Proposal
Other

Other
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*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
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!