Release of liability, waivers of claims, assumption of risks and indemnity agreement (here in after the “Release Agreement”). By signing this document, you will waive or give up certain legal rights, including the right to sue or claim compensation following an accident. Please read carefully! TO: FLEXPEDITIONS Inc., Her Majesty the Queen in the right of Province of British Columbia and their directors, officers, employees, instructors, guides, volunteers, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, and assigns (collectively referred as to as “The Releases”). ASSUMPTIONS OF RISKS: In this Release Agreement, participants acknowledges that the activity of “Snowshoeing” and access to the “Snowshoe trails” that have hazard which involve the risk of personal injury, serious injury and/or death and/or property damage and which include, but are not limited to, negligent acts or omissions by Release and its employees, unknown conditions, loss of vision due to the snow or darkness, slippery surfaces, dislodged rocks, trees failing down, wild animals, temperature variation, equipment malfunction, and others. The under designed also expressly acknowledges that injuries received and/or property damage incurred may be caused, compound or increased by negligent rescue operations or procedures of Releasee. I Agree I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH SNOWSHOE ACTIVITIES 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.I, participant/guardian name, declare the following: The Releasees have explained, illustrated, and/or demonstrated to my satisfaction the nature, risks, and dangers of the above mentioned “snowshoe activity” and I accept these risks. I Agree I am aware that the activity I am about to participate is physically demanding and dangerous and the possibility of injury, loss, trauma, sudden cardiac arrest or death exist.I Agree I am aware that avalanches occur frequently in the backcountry and may be caused by natural forces or by persons travelling through the terrain. I acknowledge and accept that the Releases are not responsible for my choice of itineraries under the snowshoe rental activity and can’t predict those risks.I Agree I declare that if I go near by a river, lake or a frozen water space, I am aware not to walk on ice.I Agree I declare my intention to participate in this activity is at my own risk and I specifically release the Releasees from any responsibility regarding any loss or damage I may suffer.I Agree I am aware that avalanches occur frequently in the backcountry and may be caused by natural forces or by persons travelling through the terrain. I acknowledge and accept that the Releases are not responsible for my choice of itineraries under the snowshoe rental activity and can’t predict those risks.I Agree I declare that I am not under the influence of alcohol or other drugs and that I will not partake in the use of any for the duration of the activity.I Agree I will follow and comply with each and all instructions given by the Releasees, its guides, instructors, or any of its employees.I Agree I am responsible for any expenses occurred on my behalf or as result of my actions.RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of THE RELEASEES allowing me to participate in snowshoeing activities and rent snowshoes, I hereby agree as follow: I Agree TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against THE RELEASEES and TO RELEASE from any and all liabilities for any loss, damage, expense included but not limited to rescue expenses or injury including death that I may suffer or that my next of kin may suffer as a result of my participation and rental of snowhoes and snowshoes activity, DUE TO ANY CAUSES WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER ANY APPLCABLE OCCUPIERS LIABILITY LEGISLTATION OR LAW 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 FOM THE RISKS, DANGERS AND HAZARDS OF SNOWSHOEING REFERRED TO ABOVE; BUT IS NOT ATTENTED TO AFFECT ANY RIGHTS I MAY OR MAY NOT HAVE UNDER PROVINCIAL WORKER’S COMPENSATION LEGISLATION.
I Agree TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liabilities for any property damage or personal injury to any third party resulting from my participation in snowshoeing activity and snowshoes rentals.
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 and interpreted solely in accordance with the laws of the Province or Territory in which the snowshoeing activity, snowshoes rentals take place and shall be within the exclusive jurisdiction of the Courts of that Province or Territory.
Any ligation involving the parties to this Release Agreement shall be brought solely within the Province or Territory in which the snowshoeing activities and snowshoes rentals takes place and shall be within the exclusive jurisdiction of the Courts of that Province or Territory.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 snowshoeing activities, snowshoes rentals other than what it is set forth in this Release Agreement. I Agree I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGALS RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. |