MSAA Waiver

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TO: WHISTLER ALPINE GUIDES BUREAU LTD. DBA MSAA (MOUNTAIN SKILLS ACADEMY & ADVENTURES), BLACKCOMB SKIING ENTERPRISES LIMITED PARTNERSHIP, WHISTLER MOUNTAIN RESORT LIMITED PARTNERSHIP, WHISTLER BLACKCOMB HOLDINGS INC., VAIL RESORTS INC., VAIL HOLDINGS INC., SEA TO SKY GONDOLA LIMITED PARTNERSHIP, SEA TO SKY GONDOLA CORP., HÉLIPSAIR INC., COAST TO COAST HOLDINGS DBA NO LIMITS HELI ADVENTURES., HIS MAJESTY THE KING IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA and their respective directors, officers, employees, guides, agents, independent contractors, subcontractors, representatives, successors, assigns, other guests and all guided tour participants, including participants undertaking tours accessed by walking, skiing, gondola, ski lift, vehicle, helicopter, bicycle, e-bike, (all of whom are hereinafter collectively referred to as the “Releasees").

DEFINITIONS

In this Release Agreement, the term "wilderness activities" shall include all activities, accommodation, transportation, events and services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include but is not limited to: skiing, snowboarding, snowmobiling, snowshoeing, ice climbing, Via Ferrata, cliff walks, rappelling, canyoneering, hiking, camping, rock climbing, mountaineering, ice cave and volcano viewing, swimming in; hot spring, lake or river, glacier hiking, picnic, sightseeing, animal viewing, fishing, mountain biking and other form of backcountry travel; rental or use of skis, snowboards, gondola’s, ski lifts, mountain bikes, e-bike or other equipment; demonstrations; orientation and instructional or interpretive courses; loading, unloading and travel by or movement in or around helicopters, snowcats, snowmobiles, gondolas, ski lifts, bikes and motor vehicles; and other activities, events and services in any way connected with or related to wilderness activities.

ASSUMPTION OF RISKS - AVALANCHES, ROCK AND ICE FALL, ALPINE TERRAIN, DROWNING, SLIPPING AND FALLING HAZARDS, WILDERNESS TRAVEL, WEATHER ETC.
I am aware that wilderness activities involve inherent risks, dangers and hazards. Natural Wilderness Hazards are unpredictable and uncontrollable such as; Avalanche Terrain, Land Slides, Crevasses, Lightning, Storms, Steep, Loose and Slippery Terrain, Swift and Deep Water, Flashfloods and Dangerous Animals. Other Hazards such as: Avalanches, Forest Fires, Rock, Ice and Cornice Fall, can occur frequently in the terrain used for wilderness activities, whith some of these caused either by natural forces or by persons travelling through the terrain. I acknowledge and accept that the Releasees may fail to predict whether the wilderness terrain is safe for wilderness activities or whether any of the hazards listed herein or other natural hazard may occur. The terrain used for wilderness activities is uncontrolled, unmarked, not inspected and involves many risks, dangers and hazards in addition to those listed herein. These may include, but are not limited to: falling; ice, rocks and cornices; crevasses; cliffs; trees, tree wells and tree stumps; creeks; rivers; hot spring; lakes; rocks; boulders; trail drops, trail jumps, trail slabs, trail corners, forest deadfall; holes and depressions on or below the snow surface; cliffs; variable and difficult snow conditions; snowcat roads and road banks, fences, and other man-made structures; snow immersion; impact or collision with terrain, other persons including other guests, vehicles or objects; volcanic activity, noxious gases, encounters with domestic or wild animals; loss of balance or control; slips, trips and falls; becoming lost or separated from one’s party or guide; drowning; hypothermia; exposure; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; equipment failure or misuse; being involved in a company guest transport accident, whether negligent or not; negligent first aid; negligence of other persons, including other guests; 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 THE RISKS, DANGERS AND HAZARDS OF WILDERNESS ACTIVITIES. Communication and response in the alpine terrain is difficult and in the event of an accident, rescue and medical treatment may not be available. Wilderness and Alpine weather conditions may be extreme and can change rapidly and without

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH WILDERNESS 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.

I Agree

NOTICE TO PARTICIPANTS IN SNOWBOARDING & SKIING, VIA FERRATA, ROCK & ICE CLIMBING, HOT SPRINGS, ICE CAVE & VOLCANO TOURS, CANYONEERING, FISHING, MOUNTAIN BIKING, AND PARTICIPATING DURING A PANDEMIC – YOU ARE AT INCREASED RISK OF INJURY OR DEATH

The following participants are at increased risk of injury or death: Snowboarders and Skiers; due to not using an avalanche air bag, due to airbag malfunction, due to using bindings that do not have a releasable system in the case of a fall or that use a retention device. Via ferrata, mountaineering, rock and ice climbing participants; due to inherent fall potential such as a fall resulting in hitting terrain, tour infrastructure or other participants. Hot spring, swimming, canyoneering and fishing participants; due to inherent hazard of drowning, river flow and flashfloods. Mountain Bikers; due to inherent rider velocity, hitting natural objects, falling, trail obstacles and difficulties and unmaintained trails. Ice cave andVolcano tour participants: due to the unpredictability of falling, collapsing ice, crevasses, landslides, volcanic activity and noxious gases. Participating in group activities during a pandemic; due to a higher risk of infection and transmission during a pandemic.

I Agree

PHOTOGRAPHY AND VIDEO RELEASE.

I hereby authorize Whistler Alpine Guides Bureau Ltd. dba Mountain Skills Academy & Adventures, hereafter referred to as “MSAA”, to publish photographs and videos taken of me, on the Production Dates, for use in MSAA’s marketing and promotional materials. I hereby release and hold harmless MSAA from any reasonable expectation of privacy or confidentiality associated with the images specified above. I further acknowledge that my participation is voluntary and that I will not receive financial compensation of any type associated with the taking or publication of these photos and videos, or participation in company marketing materials. I acknowledge and agree that publication of said photos and videos confers no rights of ownership or royalties whatsoever. I hereby release MSAA, its contractors, its employees, and any third parties involved in the creation or publication of marketing materials, from liability for any claims by me or any third party in connection with my participation.

I Agree

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of THE RELEASEES allowing me to participate in wilderness 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 wilderness 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 THE RISKS, DANGERS AND HAZARDS OF WILDERNESS ACTIVITIES REFERRED TO ABOVE;

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 wilderness 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 the Province of British Columbia and no other jurisdiction; and

5. 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 Courts of the Province of British Columbia.

6. Understand and accept that this waiver agreement is binding whether presented in paper or by digital format with digital signature

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 wilderness activities, other than what is set forth in this Release Agreement.

I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT 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.

I Agree

Signed this day of April 25, 2024.

First Participant's Name

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Participant's Address

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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.

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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.

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