ATTENTION: 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 BEFORE SIGNING -
TO: FULL SPEED RENTALS & MARINA LTD. (Full Speed Rentals), GREAT CANADIAN SNOWMOBILE TOURS INC. (Great Canadian Tours) and their parent companies, subsidiaries, affiliates, respective directors, officers, employees, guides, sales agents, affiliates, independent contractors, subcontractors, representatives, shareholders, successors and assigns other guests (all of whom to be herein collectively referred to as the “Releasees”).
DEFINITION: In this Release Agreement, Wake Boarding, Wake Surfing and other Boat Tours (hereinafter “Water tour activities”) 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 the boats, sea doos, canoes and Stand Up Paddle Boards (hereinafter “the boats”); guided tours; rentals, boating, wake boarding and surfing, hiking; swimming, sightseeing; travel to and from the trail head or marshalling areas; back country travel; orientation training and instructional courses; seminars and sessions; and all other activities, events and services provided by the Releasees.
STATEMENT OF RISKS
There are significant elements of risk in any adventure, sport or activity associated with water sports, the outdoors, the presence or use of motorized watercraft, and activities incidental thereto (referred to herein as “activity”). Although we have taken responsible steps to provide you with appropriate equipment and or skilled staff so that you can enjoy the activity for which you may not be skilled, THE ACTIVITY IS NOT WITHOUT RISK. Certain risks cannot be eliminated without destroying the unique character of the activity. The same elements that contribute to the unique character of the activity can be causes of loss or damage to equipment, cause accidental injury, illness or, in extreme cases, permanent trauma or death. We do not want to frighten you or reduce your enthusiasm for the activity. We do think it is important for you to know in advance what to expect and to be informed of the inherent risks.
ACKNOWLEDGEMENT OF RISKS:
I/We acknowledge that the following describes some, but not all, of the risks of participating in the activity: 1) Changing water flow, tides, currents, wave action and ship’s wakes; 2) Collision with any of the following: other participants, the interior and exterior (including propeller) of the watercraft in which I/we are riding, or any other portion of said craft, other watercraft and manmade or natural objects; 3) Wind shear, inclement weather, lightning, variance and extremes of wind, weather and temperature; 4) My/Our sense of balance, physical co-ordination, ability to operate equipment and to swim, the elements, hypothermia, and drowning; 5) Getting in or out of the craft; 6) Travel, including travel to or from the activity; 7) The presence of insects and marine life forms; 8) Equipment failure or operator error; 9) Heat or sun related injuries; 10) Reaction time; 11) Limited medical help due to the remote area where the activity takes place.
I AM (WE ARE) AWARE THAT THE ACTIVITY MAY ENTAIL RISKS OF INJURY OR DEATH. I/WE UNDERSTAND THE DESCRIPTION OF THESE RISKS IS NOT COMPLETE AND THAT UNKNOWN OR UNANTICIPATED RISKS MAY RESULT IN INJURY, ILLNESS, OR DEATH AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY.
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY
I/We agree to assume responsibility for the risks of the activity identified herein and those risks not specifically identified. My/Our participation in the activity is purely voluntary. No one is forcing me/us to participate. I/We verify that I am/we are physically fit, not under the influence of alcohol or any drugs at this time and sufficiently qualified, trained and capable to participate in the activity. I/We assume full responsibility for myself/ourselves and any of my minor children for whom I am/we are responsible for, and bodily injury, accident, illness, death, loss of personal property and expenses thereof as a result of any accident which may occur while I/we participate in the activity. I/We assume the risk(s) of personal injury, accidents and/or illness, including but not limited to sprains, torn muscles and/or ligaments, fractured or broken bones, eye damage, cuts, wounds, scrapes, abrasions and/or contusions, dehydration, drowning, oxygen shortage, an/or exposure, head, neck, and/or spinal injuries, bite or attack by an animal, insect or marine life, allergic reaction, shock, paralysis or death. I/We elect to participate in the activity in spite of the risks. I am/we are responsible for protecting my/our skin and eyes from the elements. I/We agree to wear a Canadian Coast Guard approved personal floatation device (life jacket) while participating in the activity. This is a basic precaution and is required. Participation includes riding in any watercraft.
COVENANT OF GOOD FAITH
I/We recognize that you, a provider of services, will operate under a covenant of good faith and fair dealing. I/We recognize that you may find it necessary to terminate the activity due to forces of nature, medical necessities or other problems, and/or refuse or terminate the participation of any person(s) you judge to be incapable of meeting the rigors or requirements of participating in the activity. I/We accept your right to take such actions for my/our safety and/or the safety of other participants, including but not limited to transport in our Service boat in the event of medical situations occurring during the activity.
ACKNOWLEDGEMENT – WATER ACTIVITY SAFETY
I acknowledge that I have been advised to wear appropriate gear such as a personal floatation device whilst doing water activities. The physical exertion required of water activities and the forces exerted on the body can activate or aggravate pre-existing physical injuries or conditions. I have been advised to obtain medical advice if I know or suspect that my physical condition may be incompatible with the water activities. I acknowledge that participants must not be under the influence of drugs or alcohol whilst using the equipment.
I have no known medical conditions that could affect my capabilities of driving / renting a machine and/or my participation in the activity. Please list all allergies, medication and or medical conditions that could affect your ability to participate in your trip/rental. You are required to inform the Releasees prior to trip departure of any changes in your medical conditions.
I certify that I have adequate insurance to cover any injury and, or, rescue evacuation that may arise while involved in the said activities, or else I agree to bear the costs of such injury and, or, rescue evacuation myself. I acknowledge that in the event of an accident, rescue and medical treatment may not be immediately available. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
I/We hereby authorize any medical treatment deemed necessary in the event of any injury I/we may incur while participating in the activity. I/We either have appropriate insurance or, in absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf. I/We agree that any film or photographs of me/us as participants becomes your personal property and may be used for promotional or commercial purposes.
CONSENT TO PHOTO/VIDEO RELEASE
I grant permission and consent Great Canadian Tours and Glacier House Resort to use any photographs taken on before, after and during the tour for use in presentation including but not limited to publicity, copyright purposes, illustration, advertising, web content etc. I understand there will be no payment or royalty compensation for this release. I understand that my authorization may never be revoked unless for special circumstances. If I choose to revoke this authorization Great Canadian Tours must be notified in writing.
In consideration of services of property provided, I/we, for myself/ourselves and any minor children for whom I/we are parent, legal guardian or otherwise responsible, and heirs, personal representatives or assigns, agree that Full Speed Rentals/Great Canadian Tours, their principals, directors, officers, agents, employees, representatives and volunteers, their insurers , if any, SHALL HAVE NO LIABILITY OF ANY NATURE FOR ANY DAMAGE TO ME AND OTHER PERSONS OR PROPERTIES as a result of my/our participation, in the activity. This Release includes any acts, omissions or negligence of the “owner”, the operator named above, or any other person (including myself), or any entity, their agents, employees, agents, servants or assigns and their insurer(s), if any, for such damage.
I HAVE READ THE ACKNOWLEDGEMENT OF RISKS, ASSUMPTION OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY. I/WE UNDERSTAND THAT BY SIGNING THIS DOCUMENT I/WE ARE EXPRESSING MY/OUR INTENT TO WAIVE VALUABLE LEGAL RIGHTS INCLUDING ANY AND ALL RIGHTS I/WE MAY HAVE OR NOW HAVE AGAINST THE OWNER, THE OPERATOR NAMED ABOVE, OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS.
I have taken notice and agree to; the rental terms and conditions, damage repair and parts amounts as posted in the premises and agree to these terms, conditions and rates. I agree to pay for any and all damages, loss and 3rd party damages as outlined by the terms and conditions of the rental contract, as indicated by the deductibles. I agree to pay for damages as per prices from dealers or repair quoted from an official dealer. I have taken notice and accept the conditions under which I am responsible for full damages (as listed under Prohibited use), regardless of fault or deductible.
RELEASE OF LIABILITY WAIVER OF CLAIMS: I hereby agree to the following:
- TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees 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, as a result of my participating in Water Activities. DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, 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. 1996, c.337, 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 WATER ACTIVITIES REFERRED TO ABOVE;
- 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 water activities;
- 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.
- Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be with the exclusive jurisdiction of the Courts of the Province of British Columbia.
In entering into this Release Agreement, I am not relying on any oral, written or visual representations or statements made by the Releasees with respect to the safety of Snowmobiling, 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.
Date signed: September 17, 2021