ATTENTION: 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 BEFORE SIGNING -
TO: GREAT CANADIAN SNOWMOBILE TOURS INC, REVELSTOKE SEARCH AND RESCUE, FULL SPEED RENTALS AND MARINA LTD, MOUNTAIN SPORT DISTRIBUTION, REVY RIDERS DIRTBIKE CLUB, REVELSTOKE SNOWMOBILE CLUB, B.C. SNOWMOBILE FEDERATION, RVL PROPERTY Co ULC, HIS MAJESTY THE KING IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA and their parent companies, subsidiaries, affiliates, any booking agencies, respective directors, officers, employees, guides, agents, independent contractors, subcontractors, representatives, shareholders, successors and other guests (all of whom to be herein collectively referred to as the “Releasees”). DEFINITION: In this Release Agreement, the term “Activities” shall include all activities, services, events and use of facilities and equipment provided, arranged, organized, conducted, sponsored or authorized by the Releasees, including but not limited to: use and operation of machines and vessels such as All Terrain Vehicles (ATV); Utility Terrain Vehicles (UTV); Side by Sides (SXS); Dirt Bikes; Boats; Sea-Doos; Canoes; Stand Up Paddle Boards; guided tours; rentals; orientation training and instructional courses, seminars and sessions; hiking; sightseeing; transportation; travel to and from the trail head or marshalling areas; accommodation & recreational activities in addition to tours and rentals; loading, unloading and all other movement around the machines and vessels; back country travel and all other activities in the alpine or wilderness areas. The term ‘Negligence’ means the failure of one or more of the employees or the Operators to take proper care for your safety. ACKNOWLEDGEMENT – SAFETY: I acknowledge that I have been advised to wear an approved helmet while participating in the activities. I will wear any safety equipment suggested by the Releasees and I will be wholly and solely liable for any injury, damages and/or expenses that are caused, contributed to or are in any way related to my failure to wear, or properly wear safety equipment. The physical exertion required of the activities and the forces exerted on the body can activate or aggravate pre-existing physical injuries or conditions. I have been advised to obtain medical advice if I know or suspect that my physical condition may be incompatible with the activities. I acknowledge that participants must not be under the influence of drugs or alcohol while participating in activities. ASSUMPTION OF RISKS: I am aware that the participation in activities, touring, renting a machine and, or, any associated actions involved with the said activities, exposes me to many risks, hazards and dangers (both known and unknown). Risks include but not limited to: a) Avalanches: Avalanches frequently occur, sometimes caused by natural forces, and other times by other forces such as recreationists and machines, landslides, falling debris such as rocks, wood, trees, cornices, or other mechanical devices. The Releasees cannot predict whether the terrain being travelled is safe for travel, or if an avalanche may occur; b) Natural Hazards: The terrain over which I will travel has many hidden and unforeseen natural dangers such as trees, tree wells and tree stumps, creeks, rocks, forest deadfall, depressions, crevasses, cliffs, water ruts, wet, slippery, loose or uneven terrain; variation or changes in the riding surface including mud pits, holes, loose gravel, exposed rock, and variable weather conditions which may be extreme and can change rapidly without warning; c) Man-made Hazards: The terrain over which I will travel may also contain man-made hazards and risks, such as fences, logging debris, logging equipment, artificial road barriers, water bars, as well as other motorized recreationists, machines, and other man-made vehicles and devices. This also includes impact or collision with other machines/persons, falls from the machines and mechanical failure of the equipment; d) Lost: Participants may become lost or separated from their party or guide. The terrain used for Side by Side /Dirtbike Activities may be uncontrolled and not inspected, and hazards may be unmarked. Communications in the terrain over which I will be travelling will be difficult and in the event of an accident, rescue and/or medical treatment may be seriously delayed, or not available. Weather conditions may be extreme, and capable of changing rapidly, without notice, making travel difficult and hazardous; e) Negligence: I understand death or injury may result from negligence on behalf of other machine operators/persons and the Releasees; f) Passengers: have an increased risk of bodily harm or death; g) Hiking/Walking: Can be very dangerous and painful if fall or trip, over-exertion can cause heart attacks and other medical complications. Cliffs and fast water/waterfalls/icefalls are found throughout the operating areas. I acknowledge and accept that the Releasees and their staff may fail to predict whether the terrain over which I will travel is safe for the activities and services or may fail to predict or identify the presence of any of the natural or man-made hazards, including but not limited to those identified above. I am aware and accept all risks, hazards and dangers to which I may be exposed and acknowledge the possibility that I may suffer loss resulting therefrom. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, illness, property damage or property loss that may result from the risks inherent or may result from the negligence or faults of the Releasees. I am participating in the tour, and, or rental as provided by the Releasees entirely at my own risk. I further agree to act responsibly and be prudent in said activities which includes using common sense, following and obeying the guides and staffs instructions, doing regular check ups and inspections of vehicle and or other equipment material provided as to prevent any mishap or accident. I agree to not use any equipment or participate in any tour under the influence of alcohol, drugs or medication, extreme fatigue or jetlag and cause no wilful damage. I am aware I do not have to ride in terrain or conditions I am not comfortable with or capable of and will stop my vehicle and alert my guides of such.
MEDICAL CONDITIONS: I have no known medical conditions that could significantly affect my capabilities of riding/renting a machine. Please list all allergies, medication and or health conditions that could affect your riding ability or the guide should be aware of. You are required to inform the Releasees prior to trip departure of any changes in your medical conditions: _____________________________________________ I certify that I have adequate insurance to cover any injury, EMS transport and, or, sled rescue evacuation that may arise while involved in the said activities, or else I agree to bear the costs of such injury and, or, rescue evacuation myself. I acknowledge that in the event of an accident, rescue and medical treatment may not be immediately available. I further certify that I am willing to assume the risk of any medical or physical condition I may have. CONSENT TO PHOTO/VIDEO RELEASE I grant permission and consent Great Canadian Tours and Full Speed Rentals to use any photographs taken on before, after and during the tour for use in presentation including but not limited to publicity, copyright purposes, illustration, advertising, web content etc. I understand there will be no payment or royalty compensation for this release. I understand that my authorization may never be revoked unless for special circumstances. If I choose to revoke this authorization Great Canadian Tours must be notified in writing.
DAMAGES I have taken notice and agree to the rental/tour terms and conditions and damage repair policies and agree to these. I agree to pay for any and all damages, loss and 3rd party damages as outlined by the terms and conditions of the rental/tour contract and as indicated by the deductibles. I agree to pay for damages as per prices from dealers or repairs quoted from an official dealer. I have taken notice and accept the conditions under which I am responsible for full damages (as listed under Prohibited use), regardless of fault or deductible.
RELEASE OF LIABILITY WAIVER OF CLAIMS: I hereby agree to the following: - 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 participating in the activities including my use of or my presence on the tour and rental or facility 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 SNOWMOBILING REFERRED TO ABOVE;
- 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 the activities;
- 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;
- 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.
- Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be with 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, written, or visual representations or statements made by the Releasees with respect to the safety of the activities, other than what is set forth in this Release Agreement. 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 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.
Date signed: October 15, 2024
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