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AVALANCHE SKILLS TRAINING PROGRAM RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the “Release Agreement”)

AVALANCHE SKILLS TRAINING PROGRAMS ARE OFTEN CONDUCTED IN MOUNTAINOUS OR BACKCOUNTRY TERRAIN. THESE COURSES INVOLVE RISKS, DANGERS AND HAZARDS IN ADDITION TO THOSE NORMALLY ASSOCIATED WITH BEING IN A MOUNTAIN ENVIRONMENT. ALL AVALANCHE SKILLS TRAINING PROGRAM PARTICIPANTS ARE REQUIRED TO SIGN THIS RELEASE OF LIABILITY AND WAIVER AGREEMENT.

I UNDERSTAND THAT BY SIGNING THIS RELEASE AGREEMENT, I WILL GIVE UP OR WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION SHOULD I BE INJURED OR KILLED.

I ALSO UNDERSTAND THAT SUCCESSFUL COMPLETION OF AN AVALANCHE SKILLS TRAINING PROGRAM DOES NOT IN ITSELF QUALIFY ME TO SAFELY TRAVEL THROUGH AVALANCHE PRONE TERRAIN.

PLEASE READ CAREFULLY!

TO: 0847037 BC LTD. DBA BACKCOUNTRY SAFETY TRAINING LTD.

AND TO: AVALANCHE CANADA AND ALL SKI AREA OPERATORS, PROPERTY OWNERS AND INDIVIDUALS WHO PROVIDE OR MAKE AVAILABLE FACILITIES, PREMISES OR SERVICES FOR THE TEACHING OF AVALANCHE SKILLS TRAINING COURSES AND ALL AVALANCHE SKILLS TRAINING SPONSORS, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (ALL OF WHOM ARE HEREINAFTER COLLECTIVELY REFERRED TO AS THE “RELEASEES”)


DEFINITIONS
In this Release Agreement

a) the term "MOUNTAIN TRAVEL" shall include, but is not limited to: skiing; snowboarding; snowshoeing; hiking and climbing; and all travel by snowmobile, snowcat, motor vehicle, aircraft, snowbike, helicopter and other conveyances.

b) the term "AVALANCHE SKILLS TRAINING" shall include all courses, seminars, workshops, field activities, services and use of facilities in any way related to the avalanche course I am participating in including, but not limited to: classroom sessions; field trips; and all mountain travel either within or beyond the ski area boundaries or in the backcountry; and all transportation by air or on public or private roads or highways in connection with the Course.

AVALANCHE CANADA’S ROLE IN AVALANCHE SKILLS TRAINING
Avalanche Canada (“AvCan”) facilitates avalanche safety in Canada by developing nationally recognized avalanche course standards and providing support and instructional materials to independent instructors who in turn deliver the Avalanche Skills Training (“AST”) programs.

  • AvCan does not certify AST instructors or monitor their performance as instructors.
  • AvCan does not supervise or control the classroom or outdoors activities or safety decisions of AST instructors.
  • AvCan does not choose the terrain or monitor the conditions for AST field sessions.
  • AST Instructors are not employees, agents, representatives, independent contractors or subcontractors of AvCan.
  • AvCan assumes no liability for loss, injury or death incurred during participation in AST programs. 


ASSUMPTION OF RISKS - AVALANCHES, MOUNTAIN TRAVEL, WEATHER, ETC. I am aware that the field sessions of the Avalanche Skills Training program may take place in mountainous or backcountry terrain and involve various risks, dangers and hazards. I acknowledge and accept that the AST Instructor may fail to predict whether the terrain is safe for travel or whether avalanches may occur. Further risks, dangers or hazards may include but are not limited to: ice and snow cornices; trees, tree wells and tree stumps; creeks; rocks and boulders; forest deadfall; holes and depressions on or beneath the snow surface; cliffs; variable and difficult snow conditions; crevasses; winter travel on highways and backcountry roads; snowcat roads and road banks, fences, and other man-made structures; becoming lost or separated from the Instructor or other Course participants; extreme and rapidly changing weather conditions; observing or participating in snow control programs, encounters with hunters or domestic or wild animals, including bears; negligence of other persons; mechanical failure of snowmobiles, snowcats and related equipment; impact or collision with other persons or snowmobiles, snowcats and other vehicles; failure to operate a snowmobile safely or within one's own ability; AND NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE BY THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.


I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN THE AVALANCHE SKILLS TRAINING PROGRAM 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.


RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of being permitted to participate in the Avalanche Skills Training Course, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees arising out of any aspect of my participation in the Avalanche Skills Training Course 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 during my participation in the Course, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, AS WELL AS ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, 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 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 the Avalanche Skills Training Course;


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 as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the jurisdiction in which the Course is taught and no other jurisdiction; and


5. Any litigation involving the parties to this Release Agreement shall be brought solely within the jurisdiction in which the Course is taught.


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 the Avalanche Skills Training Course, other than what is set forth in this Release Agreement.


I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, 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. 

AST Student RELEASE 2018-19 RBK/FARRIS/JUL/2009

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Participant's 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*
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Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
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.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
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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