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. (Great Canadian Tours), FULL SPEED RENTALS & MARINA LTD. (Full Speed Rentals)MOUNTAIN SPORT DISTRIBUTION., REVY RIDERS DIRTBIKE CLUB, HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA and their parent companies, subsidiaries, affiliates, respective directors, officers, employees, guides, sales agents, affiliates, independent contractors, subcontractors, representatives, shareholders, successors and assigns other guests (all of whom to be herein collectively referred to as the “Releasees”).
DEFINITION: In this Release Agreement, the term “ATV, Side by Side, Dirt Biking, Rafting, Canoe, Stand Up Paddle Board” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees, including but not limited to: use or operation of the machines; guided tours; hiking; sightseeing; travel to and from the trail head or marshalling areas; back country travel; orientation training and instructional courses; seminars and sessions; and all other activities, events and services provided by the Releasees.
ACKNOWLEDGEMENT SIDE BY SIDE/DIRTBIKE SAFETY
I acknowledge that I have been advised to wear advised to wear a helmet/appropriate safety gear while doing Side by Side/Dirtbiking. 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 and or are in any way related to my failure/refusal to wear, or properly wear safety equipment required for the adventure activities. The physical exertion required of Side by Side/Dirtbiking 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 Side by Side/Dirtbiking. I acknowledge that participants must not be under the influence of drugs or alcohol whilst Side by Side/Dirtbiking.
ASSUMPTION OF RISKS
I am aware that Side by Side/Dirtbike touring and/or renting involves risks, hazards and dangers (known and unknown), including, but not limited to: changing and/or extreme weather conditions and visibility; mechanical failure of the equipment; difficulty or inability to control speed, direction, stopping distances and turning radius; variation or steepness in terrain; loss of balance; rolling or flipping the vehicles; variation or changes in the riding surface including holes, loose gravel, exposed rock, pavement, snow, mud pits and other natural objects; travel through or over creeks, lakes, rivers and ice; collision with other machines/persons or other natural or man-made objects; rockslides; avalanches; encounters with wildlife; travel on highways and back-country roads; becoming lost or separated from the group and/or guides; slips and falls; hypothermia; failing to act safely or within one’s own ability or stay within designated areas; negligence of other persons; and NEGLIGENCE 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 ADVENTURE ACTIVITIES. The terrain used for Side by Side /Dirtbike Activities may be uncontrolled and not inspected, and hazards may be unmarked. Communication in the remote terrain which is sometimes used for Side by Side/Dirtbiking is difficult and in the event of an accident, rescue and medical treatment may not be readily available.
I AM AWARE OF AND ACCEPT ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATION IN SIDE BY SIDE /DIRTBIKING ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE RESPONSIBILITY FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. 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 guide instructions, doing regular check-ups and inspections of vehicle and or other equipment 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 jet-lag 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.
I have no known medical conditions that could affect my capabilities of riding / renting a machine. Please list all allergies, medication and or medical conditions that could affect your ability to participate in your trip/rental. 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 and, or, 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. You are responsible for transporting the machine back to 1870 Glacier Lane (Great Canadian Tours) or 3210 W Trans Canada Hwy (Full Speed Rentals), Revelstoke, BC. by the end of the day of return listed at your expense. Even in the case of mechanical failure.
You are responsible for all/any new damages to the machine whilst on tour, or renting. It is your responsibility to notify Great Canadian Tours and Full Speed Rentals of any damages than those indicated on the pre and post check form. By signing this document you are agreeing to pay for all new damage caused to the machine.
I have taken notice and agree to; the rental terms and conditions, damage repair and parts amounts as posted in the premises and agree to these terms, conditions and rates. I agree to pay for any and all damages, loss and 3rd party damages as outlined by the terms and conditions of the rental contract, as indicated by the deductibles. I agree to pay for damages as per prices from dealers or repair 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.
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.
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 Side by Side/Dirtbiking. 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 Side by Side/Dirtbiking 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 Side by Side/Dirtbiking;
- 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 Snowmobiling, 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.
Date signed: December 7, 2022