RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS
AND INDEMNITY AGREEMENT (hereinafter referred to as the "Release Agreement')
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS,
INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
TO: Canadian Wilderness Adventures Ltd. carrying on business as Canadian Snowmobile Adventures, Canadian All Terrain Adventures, Canadian Snowshoe Adventures, Canadian Mountain Productions and Canadian Dogsled Adventures (the Operators); The Resort Municipality of Whistler; Her Majesty the Queen in the Right of the Province of British Columbia and its directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafterreferred as “the Releasees”)
In this Release Agreement Canoeing, Kayaking, Rafting, Motor Vessel (boat) (hereinafter “the Activities”) shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: white water, still water and ocean canoeing and kayaking; rental of canoes and kayaks (hereinafter “the boats”) and other equipment; orientational and instructional courses, seminars and sessions; and all travel, transport and accommodation.
ASSUMPTION OF RISKS
I am aware that the Activities involve many risks, dangers and hazards including, but not limited to: accidents which occur during transportation or travel to and from the put in; slip and falls while getting into or out of the boats; overturning of the boats; loss of balance; impact, collision with or entrapment by trees, logs, deadfall, rocks, boats or equipment, man made objects, debris; hypothermia; changing and inclement weather conditions including storms, high wind, high waves, and lightning; encounters with domestic or wild animals; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; negligence on the part of other participants; and NEGLIGENCE ON THE PART THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES. Communication in the remote terrain, waterways which is sometimes used for “the activities” is difficult and in the event of an accident, rescue and medical treatment may not be readily available.
ALCOHOL AND ILLEGAL SUBSTANCES
The undersigned hereby agrees that alcohol and drugs will impair judgment and reduce my ability to effectively manage the risks of engaging in or in any way participating in the adventure activities. Therefore, ALCOHOL is not permitted by the Operators to be consumed either prior to or during the adventure activities unless it is alcohol that is offered and served by the Operators during adventure activities. DRUGS are NOT permitted by the Operators to be consumed either prior to or during the adventure activities. Furthermore in case of NEGLECT and alcohol/drug consumption, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY THE OPERATORS, the undersigned assumes full responsibility. The undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless the Operators from any and all liability of any nature for any and all injury or damage arising from or in any way connected to my alcohol and or drug consumption prior to or during the adventure activities. The undersigned warrants that he/she is fully aware that he/she is WAIVING ANY RIGHT he/she may have to bring a legal action to assert a claim against the Operators for personal negligence and/or any of the Operators' negligence.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE 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 agreeing to my participation in the Activities and permitting my use of their services, equipment and other facilities, 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 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, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEESTO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ADVENTURE ACTIVITIES REFERRED TO ABOVE AND INCLUDING MY DRUG AND/OR ALCOHOL USE PRIOR TO OR DURING THE ACTIVITY WHICH I ACKNOWLEDGE IS EXPRESSLY FORBIDEN BY THE OPERATORS;
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 or in any way connected to my participation, involvement or inquiries regarding the adventure activities;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators 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.
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 Activities, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, 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
Signed: September 25, 2020