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BIG RED CATS

LIABILITY WAIVER

Please read carefully!





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, HIS MAJESTY THE KING, 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 are not limited to: skiing, snowboarding, snowmobiling, hiking, snowshoeing and other forms 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 involve risks, dangers, and hazards. Avalanches occur frequently in the terrain used for wilderness activities and may be caused by natural forces or by persons traveling 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 an 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 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 Ten 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, listen, make noise, and call on the radio 
    I Agree

Drugs & Alcohol:

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

I Agree

Rainchecks and Cancellations:

I agree that I have read and understand Big Red Cat's Refund, Cancellation, and Rain Check policies that are found on our website at https://www.bigredcatskiing.com/book-a-trip. Below is a summary of the policies but not limited to:

Refunds/Cancellations:

  • Deposits made by credit card are NOT REFUNDABLE but may be rescheduled in some cases, such as COVID travel conditions or unsafe conditions.
  • In the event that COVID travel restrictions are applied, you may reschedule the booking to the following season or two, or transfer to a friend, but it is not refundable unless you purchased the $100/seat refund option at the time of booking.
    I Agree
     This applies to cat skiing and lodging at the Red Shutter Inn, and Red Shutter Cabin. 
  • Names can be changed on the booking at any time and your seat is fully transferrable.

Weather and Conditions (Rain checks):

  • In the event that the weather renders the skiing conditions hazardous, or something else beyond our control means that we cannot safely offer cat skiing, you may be given the option to reschedule to another date in the same or following season.  Rain checks are often not offered until the night before - or sometimes the morning of - the trip, if the weather is questionable.  If you evaluate your options and do not want to opt for a rain check, that is fine, as long as it is legal we will take you cat skiing, though the terrain on offer may be limited, and the experience may be less than desirable. Rain checks are transferable, and it is likely that is a good choice to ski at the resort instead, and return another day.  If you need clarity several days before the trip, in order to change flights, we will sometimes grant rescheduling in the SAME season, or the following low season, several days in advance, so that you don't have to travel here. Note that in most cases, outside lodging will NOT be rain checked into a separate season, as it is usually still possible to come and ski at the resort on groomed runs if cat skiing is not ideal, and the lifts will still be running. So be aware that if you choose not to come because of conditions, the lodging payment may be forfeited if you don't come in the same season. Ask your lodging provider at time of booking for written clarification.
  • In the event that conditions deteriorate DURING the day, here is the policy: If you ski 1-3 runs, and the entire group is offered, and chooses unanimously to depart, there is a 50% credit for a future day of cat skiing. 4-5 runs and there is a 20% credit. If the group skis 6 runs or more, there is no future credit. If the group isn't unanimous, it will keep skiing. These are future discounts, and are not refunds.
  • IF WE OFFER YOU THE OPTION TO RESCHEDULE YOUR TRIP, AND RECOMMEND DOING SO FOR SAFETY REASONS, AND YOU CHOOSE NOT TO DO SO, THERE IS NO REFUND. WE WILL STILL OPERATE AND TAKE YOU SKIING. AN OFFER TO RESCHEDULE DUE TO CONDITIONS IS AN OPTIONAL COURTESY BUT IS NOT MANDATORY. YOU CAN CHOOSE TO EITHER RESCHEDULE TO ANOTHER TIME IN THE NEXT TWO SEASONS, OR WE CAN TAKE YOU OUT IN THE SUB-PAR CONDITIONS.

I Agree
 

Today's Date: June 1, 2023

 





Please select who will be participating...
AdultMinor
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First Guest's Name

First Name*

Last Name*

Phone*
First Guest's Date of Birth*
First Guest's Information

Contact phone number when in Canada

What is the date of your first catskiing day with BRC in 2022/2023 season? *

What is the name of your trip leader? *

CATSKIING INFORMATION


LUNCH: We will have a mix of sandwiches, wraps, baked goods, fruit and water available on the cats. If you get extra hungry or strong dietary preferences please bring additional food. Please indicate any special food needs (ie, vegetarian, severe allergies, gluten-free, dairy-free, vegan) and we will do our best to accommodate it.

RENTAL GEAR:

IF you plan on renting powder skis or snowboards - Please follow the following steps:

  1. Please complete the BRC rental order form and 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 cat skiing day, so you don't need to come into the office
  5. Call us if you have any questions 1 250 362 2271 

PLEASE ORDER YOUR SKI RENTALS NOW TO ENSURE AVAILABILITY. 



SAFETY GEAR:

Big Red Cats provides all guests with a lightweight pack, probe, shovel, transceiver, and personal radio.  

Big Red Cats does NOT provide avalanche airbags unless you choose to rent them for C$49 per day. Please order your airbag rental online at https://www.bigredcatskiing.com/trip-planning/rentals



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 Information


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 Guest's 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*
AVALANCHE TRANSCEIVER INTERFERENCE POLICY - CELL PHONES, ELECTRONIC DEVICES, AND MAGNETS, ETC.
I understand and agree to the following:
All electronic devices should be kept at least 20 cm away from your transceiver when you are in send mode, and 50 cm away when you are in search mode.
Chest-mounted GoPros are prohibited. Helmet-mounted GoPros and selfie sticks are OK.
Using WiFi or Bluetooth to pair a camera (including GoPros) with a phone is prohibited during the cat skiing day.
Drones are OK, but please confirm with your guide before flying as we do not want to slow the group down in some cases.
SELF DRIVING AND MEETING AT OUR STAGING AREA

For winter 2022/23 due to the lingering COVID19 uncertainty, we are strongly requesting that our guests once again self-drive to our staging area in order to minimize contact with others. The drive to our staging area is 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 our buses. PLEASE BOOK THIS IN ADVANCE BY CONTACTING THE BRC OFFICE. There will be a fee of $40 per person per day. Please let us know in advance if you will be taking the shuttle so we can ensure that the guides will be waiting for you in front of the Red Shutter Inn.

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 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?*
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.


By signing below the parent or court-appointed legal guardian agrees that they are also 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

What is the date of your first catskiing day with BRC in 2022/2023 season? *

What is the name of your trip leader? *

CATSKIING INFORMATION


LUNCH: We will have a mix of sandwiches, wraps, baked goods, fruit and water available on the cats. If you get extra hungry or strong dietary preferences please bring additional food. Please indicate any special food needs (ie, vegetarian, severe allergies, gluten-free, dairy-free, vegan) and we will do our best to accommodate it.

RENTAL GEAR:

IF you plan on renting powder skis or snowboards - Please follow the following steps:

  1. Please complete the BRC rental order form and 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 cat skiing day, so you don't need to come into the office
  5. Call us if you have any questions 1 250 362 2271 

PLEASE ORDER YOUR SKI RENTALS NOW TO ENSURE AVAILABILITY. 



SAFETY GEAR:

Big Red Cats provides all guests with a lightweight pack, probe, shovel, transceiver, and personal radio.  

Big Red Cats does NOT provide avalanche airbags unless you choose to rent them for C$49 per day. Please order your airbag rental online at https://www.bigredcatskiing.com/trip-planning/rentals



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 Information


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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