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BIG RED CATS

LIABILITY WAIVER

2021

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (HEREINAFTER THE “RELEASE AGREEMENT”)

BY SIGNING THE RELEASE AGREEMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT

PLEASE READ CAREFULLY!

THIS RELEASE AGREEMENT SHALL APPLY TO ALL FUTURE PARTICIPATION IN WILDERNESS ACTIVITIES

 

BIG RED CATS INC, THE MANUFACTURER AND THE DISTRIBUTOR OF THE AVALANCHE AIRBAG SYSTEM, HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, and their respective directors, officers, employees, guides, agents, independent contractors, subcontractors, representatives, successors, assigns, other guests and all cat skiing participants (all of whom are hereinafter collectively referred to as the “Releasees").

DEFINITIONS
In this Release Agreement, the term "wilderness activities" shall include all activities, accommodation, transportation, events and services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include but is not limited to: skiing, snowboarding, snowmobiling, hiking, snowshoeing and other form of backcountry travel; rental or use of skis, snowboards or other equipment; demonstrations; orientational and instructional courses; loading, unloading and travel by or movement in or around helicopters, snowcats, snowmobiles and motor vehicles; and other activities, events and services in any way connected with or related to wilderness activities.

ASSUMPTION OF RISKS - AVALANCHES, ALPINE TERRAIN, WILDERNESS TRAVEL, WEATHER ETC. I am aware that wilderness activities involves risks, dangers and hazards. Avalanches occur frequently in the terrain used for wilderness activities and may be caused by natural forces or by persons travelling through the terrain. I acknowledge and accept that the Releasees may fail to predict whether the alpine terrain is safe for wilderness activities or whether an avalanche may occur. The terrain used for wilderness activities is uncontrolled, unmarked, not inspected and involves many risks, dangers and hazards in addition to that of avalanche. These may include, but are not limited to: cornices; crevasses; cliffs; trees, tree wells and tree stumps; creeks; rocks; boulders; forest deadfall; holes and depressions on or below the snow surface; cliffs; variable and difficult snow conditions; snowcat roads and road banks, fences, sled tracks, and other man-made structures; snow immersion; impact or collision with other persons, vehicles or objects; encounters with domestic or wild animals; loss of balance or control; slips, trips and falls; becoming lost or separated from one’s party or guide; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact,; negligent first aid; negligence of other persons, including other guests; 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 WILDERNESS ACTIVITIES. Communication in the alpine terrain is difficult and in the event of an accident, rescue and medical treatment may not be available. Alpine weather conditions may be extreme and can change rapidly and without warning, making travel by helicopter, snowcat or snowmobile hazardous.

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.

NOTICE TO SNOWBOARDERS, TELEMARK SKIERS, AND USERS OF PIN/TECH BINDING - INCREASED RISK
Unlike alpine ski boot/binding systems, snowboard and some telemark boot/binding and tech/pin binding systems are not designed or intended to release and will not release under normal circumstances. The use of a safety strap or retention device by snowboarders or telemark skiers without ski brakes will increase the risk of not surviving an avalanche.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of THE RELEASEES allowing me to participate in wilderness activities, 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 wilderness 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. 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 WILDERNESS ACTIVITIES REFERRED TO ABOVE;

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 my participation in wilderness 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 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 wilderness activities, other than what is set forth in this Release Agreement.

I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT 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.

To make your day as safe as possible we ask that all guests read and follow BRC's 10 commandments

I confirm that:

  1. I will always stop above the guide
    I Agree
  2. I will ski one at a time in avalanche terrain (guide recommended spacing) 
    I Agree
  3. I will not stop in an avalanche path (instead I will move off to the side into thick trees if I need a rest) 
    I Agree
  4. I will spot the person skiing in avalanche terrain - (If I am in a place to view the slope) 
    I Agree
  5. I will follow the guide’s instructions and if I am unsure I will ask for clarification. 
    I Agree
  6. I will pre-plan an escape route in avalanche terrain 
    I Agree
  7. I will always ski with a buddy in trees and glades. I will let my guides know right away if I lose my buddy) 
    I Agree
  8. I will not ski a convex slope/roll if anyone is directly below it
    I Agree
  9. I will always keep the lead guide’s tracks in sight 
    I Agree
  10. If I am getting lost, I will stop stop, listen, make noise, and call on the radio 
    I Agree

The Use of Drugs and Alcohol are strictly prohibited while riding with Big Red Catskiing.  I understand that my day will be over without any form of compensation if I break this rule.

I Agree

I agree and understand that if I do have any COVID19 symptoms (could include; fever, cough, sore throat, loss of smell or taste, sneezing, runny nose, respiratory illness, shortness of breath,or diffeculty breathing) within 14 days of my trip, that I will not attend cat skiing unless I have had a subsequent test for COVID19 that shows a negative result.  I understand that Big Red Cats will give me a credit that can be used in the following 2 winters for the day(s) missed.

I Agree

I acknowledge that Big Red Cats guides will also do an in person screening (including temperature checks) for symptoms at the staging area before I load into the snowcat. At the sole discretion of the guides, they will not allow me to go cat skiing if I am showing any symptoms of COVID19.

I Agree

I understand that that COVID19 is more dangerous to older guests, and guests that have a weak or suppressed immune system.   It is not fully possible to seperate guests in the snowcat cabins - so the risk of transmission of COVID19 is higher.   

I Agree

I understand that I will be required to wear a face mask when inside the snowcat cabin.   Big Red Cats will sell a limited number of face-masks.   But please also bring your own.   

I Agree

The facemask(s) that you bring should have the following attributes:

1. Allow for easy breathing
2. Fit securely to the head with ties or ear loops
3. Maintain their shape
4. Be changed as soon as possible if damp or dirty
5. Be comfortable and not require frequent adjustment
6. Be made of at least 2 layers of tightly-woven material (such as cotton or linen)
7. Be large enough to completely and comfortably cover the nose and mouth without gaping
8. Buffs are not a sufficient mask As soon as possible Make sure that you have completed our online liability waivers

I Agree

Today's Date: December 2, 2020

 

Please select who will be participating...
AdultMinor
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First Guests Name

First Name*

Last Name*

Phone*
First Guests Date of Birth*
First Guests Information

Contact phone number when in Canada

Cat-skiing information 


Face Masks - all guests will be required to wear face-mask in the snowcats. It is essential that you bring 1-2 of these, or that you pre-order these face masks to buy in advance from Big Red Cats.

Please help us to make you an awesome lunch! Please indicate any special food needs (ie, vegetarian, allergies, gluten free, specific likes or dislikes)

What is the date of your first catskiing day with BRC in 2021? *
How many days of cat skiing have you booked with us in 2021?*
What ABILITY LEVEL have you booked for Cat skiing?*
Has your group booked a private cat? - ie. everyone knows each other in advance?*

What is the name of your group organiser/leader?: - if you organised and booked the trip - just put your name down. *
POWDER SKI RENTAL - Fat enough powder skis make a huge difference during the cat skiing day - please choose an option that best describes your situation.*

IF you plan on renting powder skis or snowboards from big red cats - Please follow the ƒollowing steps:

  1. Please complete the BRC rental waiver - this can be found on our website www.bigredcatskiing.com and also at https://waiver.smartwaiver.com/v/brcrental/
  2. Look out for an e-mail invoice for your rentals
  3. Pay for the rental skis by hitting the "pay now button" at the bottom of the invoice.
  4. Your guides will bring your pre-set powder ski rentals directly to the staging area on your catskiing day, so you don't need to come into the office
  5. Call us if you have any questions 1 250 362 2271 

  

Are you bringing your own ski boots? BIG RED CATS DOES DOES NOT RENT SKI BOOTS*
Big Red Cats provides a pack with probe, shovel, transceiver and personal radio. Big Red Cats does NOT provide avalanche airbags unless you rent them for C$39 per day. You can bring your own safety gear (your transceiver must not be older than 5 years, also probe and shovels must be strong and durable - guides will inspect)- but we STRONGLY ADVISE that you use BRC's transceiver. Your guides may still ask you you use a Big Red Cats Transceiver - bit you can still bring your own transceiver in you pocket or backpack - for searching. Please describe your situation:*
Photo release. I understand that the members of the Big Red Cats team often take photos and videos of guests during the cat skiing day. I grant permission and consent to Big Red Cats Inc to use any photographs taken of me by the guides, other guests, or photographers at Big Red Cats for commercial purposes. I agree that there will be no payment or royalty payment for this release. I understand and agree that I can not revoke this release without the consent of Big Red Cats. [agree] *
I agree

Medical form and food requirements 



Do you have any relevant medical conditions/injuries, of which your guide should be made aware?

Are you allergic to any foods or medications? Have you suffered from anaphylactic shock? How severe? Are you carrying an Epipen? Are you carrying Benedril? (Just say "NO" if not)

Please list any relevant medications that you are bringing with you on the cat, or other medications you are taking which the guide team should be aware of:
Do you get motion sickness?*
Do you plan on taking any motion sickness pills before the cat skiing day starts?*
No
Yes
First Guests Signature*
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail. Unsubscribe anytime.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
SELF DRIVING AND MEETING AT OUR STAGING AREA

For winter 2021 due to COVID19 we are asking our guests to self drive to our staging area in order to minimize contact with others (normally we would bus our guests from our office or welcome centre).   The drive to our staging area is 20-25 minutes driving north on highway 3B from the base of the Red Mountain ski area.   

IF YOU DO NOT HAVE YOUR OWN CAR/TRUCK TO GET TO THE STAGING AREA OR IF IT IS NOT SAFE TO DRIVE IN WINTER CONDITIONS  WE CAN STILL TAKE YOU UP IN ONE OF OIUR BUSES - BUT WE NEED TO KNOW IN ADVANCE SO THAT WE CAN MAKE SURE THAT THE GUIDES WAIT FOR YOU OUT THE FRONT OF THE RED SHUTTER. MASKS MUST BE WORN IN THE BUS.

If you have booked your own private snowcat we can arrange one of our buses to take your group up to the staging area. There is a separate vehicle for each group, but face coverings are still required.

There are NO toilets at the staging area, or anywhere in the wilderness, so please go to the toilet before you leave the base area (AND OR BRING SOME TOILET PAPER)  

Key points:
We will meet at the staging area by 8.30am (this means that you will need to leave the base at 8am)
There are no toilets at the staging area
There is NO cell phone service at the staging area
The staging area is 25 minutes north of Red Mountain BC. Turn left from resort to head north on highway 3B, then turn right about 20 minutes later onto Claim Pit road, about 250m before the Nancy Greene Junction with highway 3. If you get to a T-junction, turn around. Or just follow a guide bus.
Are you able to self drive to the BRC staging area?*
Do you know how to get to the staging area?*
BC's has strict rules around Winter rated tires. Winter tires are required on all highways from October 1st to April 1st. However some car rental companies still only provide all season tires - Please specifically ask for winter tires from your rental company
I agree
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 19 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian Date of Birth*
Parent or Guardian Information

Contact phone number when in Canada

Cat-skiing information 


Face Masks - all guests will be required to wear face-mask in the snowcats. It is essential that you bring 1-2 of these, or that you pre-order these face masks to buy in advance from Big Red Cats.

Please help us to make you an awesome lunch! Please indicate any special food needs (ie, vegetarian, allergies, gluten free, specific likes or dislikes)

What is the date of your first catskiing day with BRC in 2021? *
How many days of cat skiing have you booked with us in 2021?*
What ABILITY LEVEL have you booked for Cat skiing?*
Has your group booked a private cat? - ie. everyone knows each other in advance?*

What is the name of your group organiser/leader?: - if you organised and booked the trip - just put your name down. *
POWDER SKI RENTAL - Fat enough powder skis make a huge difference during the cat skiing day - please choose an option that best describes your situation.*

IF you plan on renting powder skis or snowboards from big red cats - Please follow the ƒollowing steps:

  1. Please complete the BRC rental waiver - this can be found on our website www.bigredcatskiing.com and also at https://waiver.smartwaiver.com/v/brcrental/
  2. Look out for an e-mail invoice for your rentals
  3. Pay for the rental skis by hitting the "pay now button" at the bottom of the invoice.
  4. Your guides will bring your pre-set powder ski rentals directly to the staging area on your catskiing day, so you don't need to come into the office
  5. Call us if you have any questions 1 250 362 2271 

  

Are you bringing your own ski boots? BIG RED CATS DOES DOES NOT RENT SKI BOOTS*
Big Red Cats provides a pack with probe, shovel, transceiver and personal radio. Big Red Cats does NOT provide avalanche airbags unless you rent them for C$39 per day. You can bring your own safety gear (your transceiver must not be older than 5 years, also probe and shovels must be strong and durable - guides will inspect)- but we STRONGLY ADVISE that you use BRC's transceiver. Your guides may still ask you you use a Big Red Cats Transceiver - bit you can still bring your own transceiver in you pocket or backpack - for searching. Please describe your situation:*
Photo release. I understand that the members of the Big Red Cats team often take photos and videos of guests during the cat skiing day. I grant permission and consent to Big Red Cats Inc to use any photographs taken of me by the guides, other guests, or photographers at Big Red Cats for commercial purposes. I agree that there will be no payment or royalty payment for this release. I understand and agree that I can not revoke this release without the consent of Big Red Cats. [agree] *
I agree

Medical form and food requirements 



Do you have any relevant medical conditions/injuries, of which your guide should be made aware?

Are you allergic to any foods or medications? Have you suffered from anaphylactic shock? How severe? Are you carrying an Epipen? Are you carrying Benedril? (Just say "NO" if not)

Please list any relevant medications that you are bringing with you on the cat, or other medications you are taking which the guide team should be aware of:
Do you get motion sickness?*
Do you plan on taking any motion sickness pills before the cat skiing day starts?*
No
Yes
Parent or Guardian Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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