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").
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:
- I will always stop above the guide
- I will ski one at a time in avalanche terrain (guide recommended spacing)
- 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 will spot the person skiing in avalanche terrain - (If I am in a place to view the slope)
- I will follow the guide’s instructions and if I am unsure I will ask for clarification.
- I will pre-plan an escape route in avalanche terrain
- 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 will not ski a convex slope/roll if anyone is directly below it
- I will always keep the lead guide’s tracks in sight
- If I am getting lost, I will stop stop, listen, make noise, and call on the radio
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 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 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 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 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.
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
Today's Date: December 2, 2020