TO: 0847037 BC ltd. Dba. BackCountry Safety Training, HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, and their directors, officers, employees, agents, guides, instructors, representatives, successors, and assigns (here in after collectively referred to as the “Releasees”)
DEFINITION: In this Release Agreement, the term"Snowmobile" “Off Road Vehicle Operator" "OVR” “ORV-Operator” “AVALANCHE SKILLS TRAINING" "AST” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees, including but not limited to: use or operation of Off Road Vehicles including snowmobiles; all terrain vehicles; utiltiy terrrain vehicles; snowbikes; avalanche skills training; travel to and from the trail head or marshalling areas; backcountry travel; training and instructional courses; seminars and sessions; and all other activities, events and services provided by the Releasees.
I acknowledge that I have been advised to wear PPG (helmet-goggles-avalanche safety equipement) in/on/around Snowmobile/OVR Operation/Avalanche Skills Training.
I am aware of the physical/mental exertion required to participate in Snowmobile/ORV Operation/Avalanche Safety Training and the forces exerted on the body can activate a medical/physical/psychological condition or aggravate pre-existing medical/physical/ psychological condition. I have been advised to obtain medical advice if I know or suspect that my medical/physical/ psychological condition may be incompatible with Snowmobile/OVR Operation/Avalanche Skills Training.
I acknowledge that participants must NOT be under the influence of drugs or alcohol.
ASSUMPTION OF RISKS
I am aware that Snowmobile/OVR Operation/Avalanche Skills Training, whether as operator or as a passenger, involves risks, dangers and hazards including, but not limited to: changing weather conditions and visibility; mechanical failure of the equipment; difficulty or inability to control one’s speed, direction, stopping distances and turning radius; variation or steepness in terrain; loss of balance; overturning of the vehicles; variation or changes in the riding surface including holes, depressions, loose gravel, exposed rock, pavement, snow, ice, earth, mud pits and other natural objects; travel through or over streams, creeks, lakes, rivers and glaciers; collision with snowmobiles, snowcats or other vehicles, equipment, structures, objects or persons; collision with exposed rock, snow, ice, earth, trees, tree wells, tree stumps, forest deadfall or other natural or manmade objects; rockslides; avalanches; encounters with wildlife, including bears and cougars; travel on highways and backcountry roads; becoming lost or separated from the guides, instructors or other participants; slips and falls; failing to act safely or within one’s own ability or stay within designated areas; negligence of other persons; negligent first aid; 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 Snowmobile/OVR Operation/Avalanche Skills Training. The terrain used for Snowmobile/OVR Operation/Avalanche Skills Training may be uncontrolled and not inspected, and hazards may be unmarked. Communication in the remote terrain which is sometimes used for Snowmobile/OVR Operation/Avalanche Skills Training is difficult and in the event of an accident, rescue and medical treatment may not be readily available.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH SNOWMOBILE/OVR OPERATION AND AVALANCHE SKILLS TRAINING AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE RESPONSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
Release of Liability, Wavier of Claims, Assumption of Risks and Indemnity Agreement
In consideration of the following, (all of whom are herein referred to as the “Operators” 0847037 BC ltd. dba. BackCountry Safety Training ltd., British Columbia Snowmobile Federation, Canadian Safety Council and Canada Avalanche, British Columbia Snowmobile Federation, and their directors, employees, and representatives, (all of whom are herein after collectively referred to as “the Releasees”) and HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA (hereafter called the “Province”) I hereby agree as follows:
1. To waive any and all claims that I have or may in the future have against The Operators and the Province and their directors, officers, employees, guides, instructors, agents, independent contractors and representatives, (all of whom are herein after collectively referred to as the “Releasees”) arising out of any aspect of my participation in wilderness Snowmobile/OVR Operation/Avalanche Skills Training
2. To release the Releasees form any and all liability for any damage, injury or expense that I may suffer as a result of my use of, or my presence on the OVR, Snowmobile, AST training, tour and rental or facility due to any cause whatsoever, including NEGLIGENC, 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. 1979, C. 303 on the part of the Releases;
3.To Hold Harmless and Indemnify the Releasees form any and all liability for any property damage or personal injury to any third party resulting from any participation in wilderness OVR, Snowmobile, AST, training, tour or rental.
4. This agreement shall be in effect and binding upon my heir, next of kin, executors, administrators, assigns, and representatives in the event of my death or incapacity.
5. This agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia. In entering into this Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of the All-Terrain Vehicle, Snowmobile, AST training, tour or rental other than what is set forth in this Agreement.
I AM AWARE OF THE RISKS, DANGER AND HAZARDS ASSOCIATED WITH ORV OPERATION, SNOWMOBILE OPERATION, AVALANCHE SKILLS TRAINING, TOURS AND RENTALS AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERY DAMAGE OR LOSS RESULTING THEREFROM.
I CONFIRM THAT I AM AWARE THAT BY SIGNING THIS 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.