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 CERTAIN LEGAL RIGHTS, INCLUDING
THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
TO: ACTION TREMBLANT INC., 1174826405 (NEQ)., and all related or associated companies, and their respective owners, directors, officers, employees, agents, representatives, instructors, guides, contractors, subcontractors, sponsors, successors and assigns (hereinafter collectively referred to as “THE RELEASEES”)
In this Release Agreement the term “Action Tremblant 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: the use of aerial adventure courses, zip lines, deepelling, trails, electric fat bikes, snowshoeing, dog sledding. equipment, parking and other facilities; orientation and instructional courses and sessions; and other such activities, events and services in any way connected with or related to Action Tremblant Activities.
I acknowledge that I may be required to wear an approved helmet and/or other specified safety equipment and wear adequate sports clothes while participating in the Action Tremblant 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 to Action Tremblant Activities. I am aware that Action Tremblant Activities require a good mental, psychological and physical shape and I declare being physically and mentally able to participate in these activities. I am also aware that the physical exertion required of Action Tremblant 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 Action Tremblant 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 Action Tremblant Activities.
ASSUMPTION OF RISKS
I am aware that participating in Action Tremblant Activities involves many risks, dangers and hazards including but not limited to: travel on rough, uneven, challenging or slippery terrain; changing weather conditions, equipment failure; failure to properly adjust or fasten equipment; improper use of equipment; slips and falls; over-exertion; fear of heights; impact or collision with trees, man-made or natural objects, other participants or guides; negligence of other participants or guides; and NEGLIGENCE AND FAULT 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 PARTICIPATING IN ACTION TREMBLANT ACTIVITIES.
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 agreeing to my participation in Action Tremblant Activities and permitting my use of their zipline and tree top courses, trails, fat bikes, snowshoes, dog sleds, equipment, parking and other facilities and services, and for other good and valuable consideration, 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 Action Tremblant 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. 1996, C. 27, S., ON THE PART OF 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 PARTICIPATING IN ACTION TREMBLANT ACTIVITIES REFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFYTHE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Action Tremblant Activities;
3. 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;
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 Quebec and no other jurisdiction;
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Quebec and shall be within the exclusive jurisdiction of the Courts of the Province of Quebec.
6. To consent to having photos or videos taken of me (and those minor children listed above) while participating in Action Tremblant Activities and to the publication of the photos or videos by The Releasees for advertising, marketing and promotional purposes.
7. TO CONSENT to the release of all audio, video, photo and other data created during the Action Tremblant Activities to third parties.
8. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damages arising from the release of audio, video, photo and other data created during Action Tremblant Activities and made by the Operators to third parties.
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 ACTION TREMBLANT ACTIVITIES, OTHER THAN WHAT IS SET FORTH IN THIS RELEASE AGREEMENT.
I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
FOR AND ON BEHALF OF PARTICIPANTS 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 ACKNOWLEDGE THE RISKS ASSOCIATED WITH THE PARTICIPATION BY THE PARTICIPANT IN THE ACTION TREMBLANT ACTIVITIES AND I HEREBY 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 THESE ACTION TREMBLANT ACTIVITIES.