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TO:Fresh Adventures and its' director, officers, owner, guides, employees, agents, independent and sub-contractors, and any assigns or guests (all hereinafter "Releasee").
DEFINITIONS: in this Release Agreement, the term “Adventure Tours” shall encompass all activities that are organized, set-up, arranged, provided, sponsored or authorized and shall include, but is expressly not limited to the following: hiking, whale watching, whitewater rafting, swimming, surfing, skiing (instructing, downhill, xc and snowshoe), canoeing, cycle touring, mountain biking, and alcohol consumption; rental of equipment for these listed activities; travel that is provided to and from these listed activities: and any other activity that is connected in any way or related to Adventure Tours, which also includes being in locales which have limited medical and emergency services that may result in heightened medical costs; and wild plants and other foods that may be edible, poisonous, spoiled or otherwise inedible.
ASSSUMPTION OF RISKS:I understand and am completely aware that Adventure Tours includes a number of risks, dangers, and hazards that are related to weather, terrain, and travel. I expressly acknowledge that “Fresh Adventures” (hereinafter referred to as “Releasee”) may fail to predict whether the terrain is safe for Adventure Tours due to weather conditions or otherwise due to terrain that is unmarked and not inspected; and therefore may involve unknown dangers, risks, and hazards. I also understand that it is possible to become lost and/or separated from one’s party or guide due weather, terrain, conditions, or even negligence on behalf of the Releasee. I understand that includes, but is not limited to the failure by or on behalf of the Releasee to take the steps that are reasonable to protect or safeguard me from the dangers, risks, and hazards of Adventure Tours. I understand that I may be in locales which have limited medical and emergency services that may result in heightened medical costs; and in which emergency travel may be difficult due to weather conditions and/or terrain. I understand that it is my responsibility to carry adequate travel and medical insurance, and I am responsible to pay for my emergency response fees, should I need to be rescued. I understand that alcohol may be available and/or brought by other guests during Adventure Tours and that alcohol consumption creates dangers, risks, and hazards. I also understand that I may only ski in bounds, and adhere to the alpine responsibility code as well as obey all signs and restrictions at ski hills.
In consideration of being permitted to engage in Adventure Tours, I acknowledge and agree to, on my own behalf, and on behalf of my personal representatives, heirs, assigns, executors, administrators and next of kin, as follows:
- To waive any and all claims that I have or may have in the future against the Releasee and to release the Releasee from any and all liability for any loss, damage, expense or injury that includes death, that I may suffer or that my next of kin may suffer as a result of my participation in Adventure Tours that are due to ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE WHICH ALSO INCLUDES ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILTIY ACT, R.S.B.C. 1996, c. 337, ON THE PART OF THE RELEASEE. I FURTHER UNDERSTAND THAT NEGLIGENCE INCLUDES THE FAILURE ON BEHALF OF THE RELEASEE TO TAKE THE REASONABLE STEPS NECESSARY TO PROTECT OR SAFEGUARD ME FROM THE DANGERS, RISKS, AND HAZARDS OF ADVENTURE TOURS STATED ABOVE;
- I indemnify and hold harmless the Releasee from any and all losses, liabilities, damages, demands, costs, causes of action and expenses that they may incur, for any reason whatsoever, which may arise as a result of my participation in Adventure Tours;
- This release 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
- 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 Court of the Province of British Columbia. Initial:
BY SIGNING THIS RELEASE AGREEMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
Date of waiver being completed: June 6, 2020