All information I have provided for this form is true and correct.
I understand that the sports of hiking, running (including, but not limited to, long distance, trail running), climbing/mountaineering and other outdoor sports (collectively “LAND SPORTS”), and skiing (including, but not limited to, alpine, backcountry skiing, and mountain touring), snowboarding, skiboarding, snowdecking, snowshoeing (collectively “SNOW SPORTS”) involve inherent and other known and unanticipated risks of INJURY and DEATH (including, but not limited to, injury or death as a result of those risks disclosed to me on Attachment A). LAND SPORTS and SNOW SPORTS are sometimes referred to herein collectively as “RECREATIONAL SPORTS”. I voluntarily agree to expressly assume all risks of injury or death that may result from these RECREATIONAL SPORTS, or which relate in any way to the participation in the Event (“the Event”). I understand that a ski helmet designed for RECREATIONAL SPORTS use, when sized and fitted properly, will help reduce the risk of some types of injuries to the user at slower speeds. I recognize that serious injury or death can result from both low and high-energy impacts, even when a helmet is worn; and a damaged helmet should not be used, as damage may compromise the effectiveness of the helmet.
I agree to accept for use AS IS all equipment to be provided to me during this Event, and I agree to accept full financial responsibility for the care of the equipment while it is in my possession. I further agree to be responsible for the replacement at full retail value of any equipment I receive, but do not return upon request, even if it is lost or stolen.
I understand that the binding system cannot guarantee the user’s safety.I acknowledge and understand, that Alpine binding systems will not release at all times or under all circumstances where release may prevent injury or death, nor is it possible to predict every situation in which it will release. I understand that additional risk of injury may result if I use visual indicator settings other than those recommended by PROVIDERS (defined below). I acknowledge and understand that in certain types of RECREATIONAL SPORTS my equipment may be equipped with non-releasing or other bindings (e.g Mountain touring/backcountry binding systems) that may not comply with the DIN ISO 13992 standard or that do not provide any means for adjusting release values. I understand that mountain touring bindings are not to be confused with alpine bindings and understand that these types of binding systems do not have DIN settings. I understand that there is no actual or implied safety of any bindings or guarantee of release. I voluntarily agree and expressly assume all risks of injury or death that may result from using any binding system during the Event. To the extent that I have provided my own equipment including, but not limited to, boots and skis, I voluntarily agree and expressly assume all risks of injury or death that may occur as a result of use of such equipment, especially any equipment that is not norm-compliant or ISO compliant.
Knowing this, and in consideration of being permitted to participate in Event, I AGREE TO RELEASE AND HOLD HARMLESS the Location event premises owners and operators, the owners, manufacturers and distributors of equipment, Amer Sports Canada Inc., Amer Sports Winter & Outdoor Company, Exum Mountain Guide Service and School of Mountaineering, Inc. and all of their respective employees, parents, affiliates (including but not limited to, Salomon S.A.S. and Atomic Austria GmbH) and similarly related parties, agents, officers, directors, shareholders, and their successors in interest (collectively “PROVIDERS”) from all liability for injury, death, property loss and damage which results from participation in the RECREATIONAL SPORTS for which the equipment may be provided, or which is related in any way to the use of equipment provided to me, including all liability that results from the NEGLIGENCE of PROVIDERS, or any other person or cause, or otherwise resulting from or arising out of my participation in the Event.
I have also been informed and understand that PROVIDERS may be producing photographs, videos, films, audio or other media at the Event and that my name, likeness, image, voice, appearance and/or performance is being recorded and may or may not be made part of PROVIDERS’ production. I hereby consent that the photographs, video, film, or audio of me or any reproductions thereof taken by PROVIDORS, or its assigned vendors, may be used by PROVIDERS, or its assigns, without time constraints, for the purpose of illustration, catalog, website, television, promotion, advertising or publication in any manner and in any media now known or later developed. I understand that I will not have any interest or ownership in PROVIDERS’ production and that I will not receive any compensation from PROVIDERS for the use of my name, likeness, image, voice, appearance, and/or performance. The grant of rights herein shall be worldwide and perpetual.
I further agree to defend and indemnify PROVIDERS for any loss or damage, including any that results from claims or lawsuits for personal injury, death, and property loss and damage related in any way to the use of the equipment provided, my own equipment, or my grant of rights herein.
I agree to allow photographs and/or video of me taken by Arc’teryx photographers and videographers to be published by Arc’teryx for any purpose and in any format, in perpetuity. This release covers photographs and/or video taken during the Arc’teryx Backcountry Academy between February 6th until February 10th, 2019
If the participant is a minor, the user’s parent or guardian signature is required and that parent or guardian agrees to be bound by the conditions of this agreement and to indemnify PROVIDERS for any claim or lawsuit allegedly arising out of participation in Event, RECREATIONAL SPORTS, or use of the equipment provided or the grant of rights. The parent or guardian agrees to pay PROVIDERS all costs and legal fees expended defending against such claims or lawsuits as well as any sum paid as a result of any judgment or settlement.
This agreement is governed by the applicable law of the state or province of the Location. If any provision of this agreement is determined to be unenforceable, all other provisions shall be given full force and effect.
I AM AT LEAST 18 YEARS OF AGE AND I HAVE READ THIS RELEASE AND AGREE TO ITS TERMS:
Dated: April 6, 2020