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RELEASE OF LIABILITY, WAIVER OF CLAIMS,

ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT 
(hereinafter referred to as the “Release Agreement”)
BY SIGNING THIS RELEASE AGREEMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS’ LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
PLEASE READ CAREFULLY!


I AGREE THIS RELEASE AGREEMENT SHALL APPLY TO ALL PARTICIPATION IN ADVENTURE ACTIVITIES FOR A PERIOD OF ONE (1) CALENDAR YEAR FROM THE DATE I SIGN THIS AGREEMENT, INCLUDING ALL ADVENTURE ACTIVITIES BOOKED, SCHEDULED, AND RESCHEDULED BOTH BEFORE AND AFTER THE DATE OF SIGNING. 



TO: VANOUTDOORS SOCIETY (operating as Vancouver Outdoor Society), and its directors, officers, employees, guides (including but not limited to apprentice, ski and alpine guides), instructors, agents, independent contractors, subcontractors, volunteers, representatives, successors and assigns (all of whom are hereinafter collectively referred to as "the Releasees"). 


DEFINITION – Adventure Activities

In this Release Agreement, the term "Adventure Activities" shall include but is not limited to: alpine skiing; nordic skiing; telemark skiing; snowboarding and snowshoeing; touring; ski and snowboard touring; mountaineering; ski and snowboard mountaineering; rock climbing and ice climbing; dog sledding; skating; trekking; backcountry travel; canyoning/canyoneering; horseback riding and other horse-related activities; bouldering; guided tours; sightseeing; 4x4 vehicle tours; glacier travel; walking; hiking; cycling; mountain biking; ropes course/zip lining; archery; camping or overnight stay in the outdoors; survival/bush craft skills; first aid training; team building initiatives; orienteering and navigation; kayaking and canoeing; rafting; fishing; paddle boarding; swimming; sail boating; water based activities; loading, unloading and travel by or movement in or around helicopters, other aircraft, watercraft, snowcats, snowmobiles, ski lifts and gondolas, and other vehicles; volunteer farming; interpretive programming; and all activities, services and use of facilities (including the dorm rooms and other buildings, including but not limited to restaurants, cafes, and alpine huts), either provided or arranged by the Releasees including orientation and instructional courses, sessions and classes; transportation; loading and unloading of vehicles; accommodation, food and beverage, water supply; equipment and carrying of equipment.  

ASSUMPTION OF RISKS – AVALANCHES, ALPINE TERRAIN, WILDERNESS TRAVEL AND WEATHER

I am aware that participation in the Adventure Activities involves many risks, dangers and hazards. Avalanches occur frequently in the terrain used for the Adventure Activities and may be caused by natural forces or by persons travelling through the terrain. I am aware that the Releasees may fail to predict whether the terrain is safe or whether an avalanche may occur. The terrain and bodies of water used for the Adventure Activities are uncontrolled, unmarked, not inspected, and involves many risks, dangers and hazards in addition to that of avalanche. These may include, but are not limited to: cornices; crevasses; cliffs; trees, tree wells; tree stumps; forest dead fall; open water; water currents; cold water; debris in water; variable or unknown water depths; changing weather conditions; rocks; rock fall; boulders; holes and depressions on or below the snow, road, or trail surface; variable and difficult snow conditions; lightning; forest fire; effects of high altitude including pulmonary edema and cerebral edema; snow immersion; equipment failure including equipment associated with or related to climbing, rappelling, belaying and water based activities; encounters with dangerous or poisonous flora and fauna; impact, collision or interactions with other persons, animals, objects, terrain, and/or vehicles; encounters with domestic and wild animals; falling from a horse; being dragged, kicked, bitten or crushed by a horse; becoming lost or separated from one’s party or guide; loss of balance, slips, trips and falls; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; transportation accidents; flooding; water borne disease; death; personal injury including but not limited to sprains, strains, shock, stress, nausea, food borne illness; diarrhea, burns, cuts, abrasions, fractured or broken bones, impalement, drowning, hypothermia, loss of limbs, frostbite, sunstroke, sunburn, dehydration, illness, soft tissue injuries, neck, head and brain injury, paralysis, psychological injury, other injury to the body; encounters, interactions, collisions and/or altercations with other participants in the Adventure Activities and/or other attendees, employees, volunteers, contractors, directors and/or officers of the Releasees; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES. 


I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ADVENTURE ACTIVITIES.

Communication in the backcountry, mountainous and alpine terrain may be difficult, and in the event of an accident or illness, rescue, medical treatment and evacuation may not be available or may be delayed. Weather conditions may be extreme and can change rapidly and without warning.   

NOTICE TO SNOWBOARDERS, SNOWSHOERS AND TELEMARK SKIERS - INCREASED RISK 

Unlike alpine ski boot/binding systems, snowboard, snowshoe and some telemark boot/binding systems are not designed or intended to release and will not release under normal circumstances. I understand the boot/binding system is a non-release system, this system will not reduce the risk of injuring during a fall and will increase the risk of not surviving an avalanche.  



NON-SCHEDULED OR EMERGENCY EVACUATION, RESCUE OR FIRST AID 

I acknowledge and agree that all expenses associated with non-scheduled or emergency evacuation, rescue or first aid will be my responsibility and will not be covered by the Releasees.

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ADVENTURE ACTIVITIES 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 allowing me to participate in the Adventure Activities, 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 Activities, 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, R.S.B.C. 1996, c. 337, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN ADVENTURE ACTIVITIES.


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 the Adventure Activities; 

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 British Columbia and no other jurisdiction; 

5.Any litigation involving the parties to this Release Agreement shall be brought solely within British Columbia and shall be within the exclusive jurisdiction of the Courts of British Columbia; and

6.If any provision of this Release Agreement is held by a Court to be unenforceable, then such provision will be modified to reflect the Participant and Releasees’ intention. All remaining provisions of this Release Agreement shall remain in full force and effect as drafted.

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 the Adventure Activities, other than what is set forth in this Release Agreement. 

I CONFIRM THAT I HAVE READ AND I AGREE TO THIS RELEASE AGREEMENT. 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. I ACKNOWLEDGE THAT I AM SIGNING THIS RELEASE AGREEMENT FREELY AND VOLUNTARILY AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY.

FOR PARTICIPANTS OF MINORITY AGE, I HEREBY CONSENT THAT I, AS PARENT/GUARDIAN WITH LEGAL RESPONSIBILITY FOR THIS PARTICIPANT OF MINORITY AGE, DO CONSENT AND AGREE, TO THEIR RELEASE OF ALL THE RELEASEES, AND, FOR MYSELF, MY HEIRS ASSIGNS AND NEXT OF KIN, I RELEASE AND AGREE TO INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITIES INCIDENT TO THIS PARTICIPANT OF MINORITY AGE’S PARTICIPATION IN THE ADVENTURE ACTIVITIES.  

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*

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

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

Last Name*

Phone*
Tenth Participant's Date of Birth*
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:*
Health Conditions and Medications
Does the participant have any health conditions, allergics or currently take any medication? *
No
Yes

If yes, please provide details.
Parent or Guardian's Email Address

Email*

Confirm Email*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*

Emergency Contact's Relation to Participant

Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 19 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 Signature*
Electronic Signature Consent*
 By checking here, I hereby agree to the use of my electronic signature in lieu of an original signature on paper.


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