TO: ZIPTREK TREMBLANT INC. (the OPERATOR) and ALL INDIVIDUALS OR ENTITIES (INCLUDING NOTABLY MONT TREMBLANT RESORTS AND COMPANY LP, MONT TREMBLANT RESORT INC. AND ALTERRA MOUNTAIN COMPANY) WHO PROVIDE OR MAKE AVAILABLE FACILITIES, PREMISES, EQUIPMENT OR SERVICES FOR THE OPERATOR, and their respective directors, officers, employees, mandatary, guides, volunteers, independent contractors, representatives, successors and assigns, parents entities and subsidiaries (hereinafter referred to as “the RELEASEES”.)
In this Agreement, the term “Adventure Activities” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by THE RELEASEES and shall include, but are not limited to use of ziplines, suspension bridges, structure and equipment or the activities of climbing, rappelling, hiking, sightseeing, snow shoeing, travel to and from the tour areas, including by ski lifts and gondola, back country travel, orientation and instructional courses, seminars and sessions; and other such activities, events and services in any way connected with or related to those activities, whether taking place before, during or following my participation in the Adventure Activities.
ACKNOWLEDGEMENT – SAFETY
I acknowledge that I am required to wear an approved helmet and other specified safety equipment, wear adequate sport clothes and keep my hair tightly attached while participating in the Adventure Activities. I am aware that there are guides or instructors available to answer any questions that I may have as to the proper use of the equipment and regarding known risks inherent in the Adventure Activities. I am aware that the Adventure Activities require a good mental, psychological and physical shape and I declare being physically able to participate in these activities. I am also aware that the physical exertion required of Adventure Activities and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions, or congenital defects. I acknowledge that I should seek medical advice if I know or suspect that my physical condition may be incompatible with Adventure Activities. I further acknowledge that falling objects pose a serious risk to others and that I will be held responsible for any and all damage or injury caused to property or persons as a result of my dropping, throwing or otherwise releasing any items whatsoever while participating in the Adventure Activities.
ASSUMPTION OF RISKS
I am aware that Adventure Activities involve many risks, dangers and hazards including but not limited to: changing weather conditions; darkness; falling objects; falling from platforms, cables and other structures; slippery surfaces; shock, stress or other injury to the body; overexposure to rays of the sun; falling into any water zones; encounters with wildlife including bees, insects, all types of plants and vegetable and/or herbal substances, bears, cougars and other wild animals; equipment malfunction including breakage of cables, tethers, pulleys and harnesses; collision with trees, rocks, vehicles, equipment or structures; collision with other participants or guides; the risk that emergency services may not be available in a short period of time; my failure to remain within designated areas; becoming lost or separated from guides or other participants; negligence and fault of other participants or guides; and NEGLIGENCE AND FAULT ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THEADVENTURE ACTIVITIES. I am also aware that these risks, dangers and hazards referred to above exist on terrain that may be uncontrolled, unmarked and not inspected.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH ADVENTURE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS, WHETHER TO MYSELF OR THAT I MAY CAUSE TO OTHERS, RESULTING THEREFROM. CONSEQUENTLY I SHALL ACT ACCORDINGLY.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of THE RELEASEES allowing me to participate in Adventure Activities and permitting my use of their property, ziplines, platforms, bridges, trails, roads, ski lifts, gondolas, other structures and equipment (hereinafter referred to as the“ Facilities”), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I HEREBY IRREVOCABLY AGREE AS FOLLOWS :
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 resulting from either my use of or my presence on the Facilities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE AND FAULT, BREACH OF CONTRACT, NEGLIGENT MISREPRESENTATION OR BREACH OF ANY TYPES OF DUTIES , ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ADVENTURE ACTIVITIES REFERRED TO ABOVE;
TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property or personal injury of any nature to any third party, resulting from my use of or presence on the Facilities and my participation in the Adventure Activities;
This 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;
This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Québec and no other jurisdiction;
Any litigation involving the parties to this Agreement shall be brought solely within the Province of Québec and shall be within the exclusive jurisdiction of the Courts of the Judicial District of Montreal;.
To consent to having photos or videos taken of me while participating in Adventure Activities and to the publication of the photos or videos by the Releasees for advertising, marketing and promotional purposes and I am waiving any right including any financial compensation in this regard.
I AM NOT RELYING UPON ANY ORAL OR WRITTEN REPRESENTATIONS OR STATEMENTS MADE BY THE RELEASEES WITH RESPECT TO THE SAFETY OF THE ADVENTURE ACTIVITIES OTHER THAN WHAT IS SET FORTH IN THIS AGREEMENT.
I CONFIRM THAT, PRIOR TO SIGNING THIS AGREEMENT, I HAVE READ AND UNDERSTAND THIS AGREEMENT , AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, LIQUIDATORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
FOR AND ON BEHALF OF A PARTICIPANT OF MINORITY AGE, BY SIGNING WHERE INDICATED BELOW, I HEREBY CERTIFY THAT I AM THE PARENT/GUARDIAN WITH LEGAL RESPONSIBILITY FOR THIS PARTICIPANT OF MINORITY AGE AND I EXPLAINED TO THIS PARTICIPANT OF MINORITY AGE THE RISKS ASSOCIATED WITH HIS/HER PARTICIPATION IN THE SAID ACTIVITIES. I PERSONALLY ACKNOWLEDGE THE RISKS ASSOCIATED WITH THE PARTICIPATION BY THE PARTICIPANT IN THE ADVENTURE ACTIVITIES AND I HEREBY DO CONSENT AND AGREE TO HIS/HER 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.
This Release of liability, waiver of claims, assumption of risks and indemnity agreement was Signed this day of: April 6, 2020
THIS AGREEMENT MUST BE COMPLETED IN FULL, INITIALED, DATED AND SIGNED, AND WITNESSED PRIOR TO PARTICIPATING IN ANY ADVENTURE ACTIVITIES.