RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT (hereinafter the “Release Agreement”) BY SIGNING THIS RELEASE AGREEMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
PLEASE READ CAREFULLY!
THIS RELEASE AGREEMENT SHALL APPLY TO ALL FUTURE PARTICIPATION IN WILDERNESS ACTIVITIES
Rental Waiver and Form
TO: BIG RED CATS INC., HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, YES. SNOWBOARDS, NOW BINDINGS, GROUP ROSSIGNOL CANADA INC., and their respective directors, shareholders, owners, officers, employees, guides, agents, independent contractors, subcontractors, representatives, successors, assigns and guests (all of whom are hereinafter collectively referred to as the “Releasees”).
- I accept full responsibility for the care of the Rental equipment “the equipment” listed on this form and agree to pay for any damage to the equipment and replace at full retail value any equipment not returned by the agreed date.
- I am familiar with the proper use of the equipment. I understand that the rental technicians are able to answer any questions that I might have as to the proper use of equipment.
- [DOWNHILL SNOWBOARD EQUIPMENT ONLY] I have made no misrepresentation in regard to my height, weight, age, or requested binding settings. I agree to verify that the settings appearing on the snowboard bindings correspond with the settings recorded on the form
ASSUMPTION OF RISKS:
I am aware that snowboarding involves risks, dangers, and hazards, and that injuries are a common and ordinary occurrence in these sports
SNOWBOARDING: I understand that the boot/binding systems are not designed or intended to release and will not release under normal circumstances. I understand that the boot-binding system is a non-release system. This system will not reduce the risk of injury during a fall and will increase the risk of not surviving an avalanche. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE USE OF THE EQUIPMENT
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT.
In consideration of the rental equipment, I hereby agree as follows:
I AGREE TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releases and TO RELEASE THE RELEASEES from any and all liability for any damage expense or injury (including death) that I might suffer, or that my next of kin might suffer, resulting from or arising out of any aspect, or my use of the equipment, or my presence on the Premises, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, BREACH OF STATUTORY DUTY OF CARE, INCLUDING ANY DUTY OWED UNDER THE OCCUPIERS LIABILITY ACT R.S.B.C 1996 c 337, in respect of the design, manufacture, installation, maintenance, selection, or adjustment of the equipment, or in respect of the provision of or the failure to provide any warnings, directions or instructions as the to the use of the equipment or the risks, dangers, or hazards of skiing or snowboarding.
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from and all liability for any damage to the property of or personal injury to any thirds part, resulting from my use of the equipment;
- 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 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
- 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.
Today's Date: February 8, 2023