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Big Red Cats

AIRBAG Rental Waiver


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., HIS MAJESTY THE KING IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, GROUP ROSSIGNOL CANADA INC., BACKCOUNTRY ACCESS INC., ARC'TERYX 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”).   

RENTAL AGREEMENT:

  1. 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.
  2. 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.

ASSUMPTION OF RISKS:

I am aware that Backcountry skiing and snowboarding involves risks, dangers and hazards, and that injuries are a common and ordinary occurrence in these sports.   Skiing and riding in backcountry avalanche terrain all day involves potentially much greater risk than skiing at a ski hill.    

AVALANCHE AIRBAG SYSTEM

The Avalanche Airbag System (“AAS” or "the airbag") consists of a backpack integrating an airbag system which is inflated by manually pulling an activation handle. Once inflated, an AAS may assist in keeping a person caught in an avalanche closer to the surface, thus potentially increasing the chances of survival. The AAS may not always inflate, and may not protect the user against trauma during an avalanche.  I accept that the airbag may fail to deploy due to my own negligence, and or the negligence of the releasees.   

The AAS may also inflate too slowly to be effective some in avalances.  The AAS at times when inflated, may exacebate trauma, by sliding you faster towards trees, rocks, and other obstactcles that might lead to trauma.  If the AAS is not worn correctly (ie. without the leg loop) it can lead to a choking risk.

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.

  1. 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;
  2. 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;
  3. 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
  4. 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: December 21, 2024

I also agree to the following:

That if the leg loop is not worn correctly, that this could lead me to choke/suffocate from the chest strap

I Agree

That the airbag may fail to deploy quickly enough to help 

I Agree

I understand that some people take on greater risks when wearing an Airbag (risk compensation) - which in turn may lead to a greater chance of being caught, hurt, or dying in an avalanche

I Agree

I agree that I need to check the airbag before each run

I Agree

I understand that non-deployment of the airbag is a frequent occurence in avalanche accidents - a 2014 study showed that in about 20% of cases the airbag was not deployed - and about 60% of the time this was user error.  

I Agree

I understand that a major study in Canada in 2014 showed a reduction of the absolute Mortality rate of people involved in avalanche accidents moved from 22% to 14% when an airbag was used.  This means that the airbag improved your chances of living if you were hit by an avalanche big enough to bury you.   Would you want a 22% chance of dying (without and airbag), or a 14% chance of dying (if have an airbag) if you were hit by an avalanche big enough to bury you.  It is also important to understand that airbags work better in alpine (without trees) environments as it gives the airbag more time to deploy.  At Big Red Cats,  like many snowcat operations, we do not have true alpine terrain - but we do have alpine like features.  As a result it is likely that airbags in the Big Red Cats terrain may be less effective - than what the 2014 study indicates 

I Agree


IT IS POSSIBLE THAT MORE PEOPLE MAY ORDER AIRBAG'S AT SIMILAR TIMES, IN WHICH CASE WE MAY NOT HAVE ANY AVAILABILITY.  ONCE YOU HAVE RECEIVED AN INVOICE AND PAID THAT INVOICE THEN YOUR AIRBAG RENTAL IS OFFICIALLY RESERVED, UNTIL THAT TIME THE AIRBAG IS NOT CONSIDERED RESERVED. AIRBAG RENTALS ARE NOT GUARANTEED FOR ANY GIVEN DAY IN THE EVENT UNAVAILABLE DUE TO SERVICING, IN WHICH YOU WILL NOT BE HELD FINANCIALLY LIABLE OR OBLIGATED TO SKI WITHOUT THE AIRBAG SHOULD YOU CHOOSE NOT.









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First Renter Name

First Name*

Last Name*

Phone*
First Renter Date of Birth*
First Renter Information

Phone number when in Canada *

Group name? (who booked your snowcat?) *
What ability level cat skiing are you booked?*

What is the first day that you would like to Rent an Airbag? *
How many days would you like to rent (cost is C$45 per day)*
BRC will send you an invoice for AIRBAG rental; please ensure it is paid before beginning your trip. If you subsequently need to cancel due to COVID, this payment will be rain checked for a future trip along with your cat-skiing. *
Yes - I understand
Your guides will bring your AIRBAG to the staging area. Please do not go to the BRC office as we require all guests to meet at our staging area. *
Yes (click yes that you understand that your guides will bring your AIRBAG up to the staging area.)
First Renter Signature*
Renter 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's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 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's Name

First Name*

Last Name*

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

Phone number when in Canada *

Group name? (who booked your snowcat?) *
What ability level cat skiing are you booked?*

What is the first day that you would like to Rent an Airbag? *
How many days would you like to rent (cost is C$45 per day)*
BRC will send you an invoice for AIRBAG rental; please ensure it is paid before beginning your trip. If you subsequently need to cancel due to COVID, this payment will be rain checked for a future trip along with your cat-skiing. *
Yes - I understand
Your guides will bring your AIRBAG to the staging area. Please do not go to the BRC office as we require all guests to meet at our staging area. *
Yes (click yes that you understand that your guides will bring your AIRBAG up to the staging area.)
Parent or Guardian's 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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