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, GREAT CANADIAN SNOWMOBILE TOURS INC, GLACIER HOUSE RESORT LTD, REVELSTOKE MOUNTAIN RESORT LTD PARTNERSHIP, SELKIRK TANGIERS HELICOPTER SKIING LLP, NORTHLANDS PROPERTIES CORPORATION, SELKIRK MOUNTAIN HELICOPTERS LTD, MOUNTAIN SPORT DISTRIBUTION., REVELSTOKE SNOWMOBILE CLUB, HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA 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, the term “Snowmobiling” 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 snowmobiles and snow bikes; guided tours; hiking; 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.
ACKNOWLEDGEMENT – SNOWMOBILING SAFETY
I acknowledge that I have been advised to wear a helmet while Snowmobiling. The physical exertion required of Snowmobiling 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 Snowmobiling. I acknowledge that participants must not be under the influence of drugs or alcohol while Snowmobiling.
ASSUMPTION OF RISKS
I am aware that touring, renting a machine and, or, the associated activities involved with the said activities, exposes me to many risks, hazards and dangers (both known and unknown). Risks include but not limited to: WEATHER conditions may be extreme and can change rapidly without warning, Full Speed Rentals cannot predict whether the terrain being travelled is safe for travel, or if an avalanche may occur, trees, rocks, variable weather conditions, impact or collision with other machines/persons, falls from the machines, grooming devices, becoming lost or separated from the group, negligence on behalf of other machine operators / persons and the Releasees. I accept all risks, hazards and dangers to which I may be exposed and acknowledge the possibility that I may suffer loss resulting there from. I further acknowledge that such personal injury, death, illness, property damage or property loss may result from the risks inherent in seasonal travel and related activities, or may result from the negligence or faults of the Releasees. I am freely and voluntarily assuming all of the risks and hazards and I am participating in the tour, and, or rental as provided by the Releasees entirely at my own risk. I further agree to act responsibly and be prudent in said activities which includes; using common sense, following and obeying the guides and guide instructions, doing regular check ups and inspections of vehicle and or other equipment material provided as to prevent any mishap or accident. I agree to not use any equipment or participate in any tour under the influence of alcohol, drugs or medication, extreme fatigue or jet-lag and cause no wilful damage. I am aware I do not have to ride in terrain or conditions I am not comfortable with or capable of and will stop my vehicle and alert my guides of such.
I have no known medical conditions that could affect my capabilities of riding / renting a machine. 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. You are responsible for transporting the machine back to 3210 W Trans Canada Hwy, Revelstoke BC, V0E 2S0 by the end of the day of return listed at your expense. Even in the case of mechanical failure.
CONSENT TO PHOTO/VIDEO RELEASE
I grant permission and consent Full Speed Rentals 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 Full Speed Rentals must be notified in writing.
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 Snowmobiling/Snowbiking. 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 SNOWMOBILING 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 Snowmobiling;
- 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: November 29, 2021