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, GROUP ROSSIGNOL CANADA INC., ARC'TERYX EQUIPMENT 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”).
- 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.
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 be effective some in avalances The battery on the AAS may also not hold a charge, or be effective at temperatures lower than -20 C. 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.
- 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 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
- 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: September 28, 2021
I also agree to the following:
That in temperature less than -20 C that the battery may fail, and the airbag may fail to deploy.
That if the leg loop is not worn correctly, that this could lead me to choke/suffocate from the chest strap
That the airbag may fail to deploy quickly enough to help
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 that I need to check the airbag before each run
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 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