TO: Kokanee Mountain Zipline Ltd. Mineral Mountain Zipline Ltd, and Fairmont Hot Springs Resort Ltd. and their respective owners, directors, officers, employees, agents, representatives, instructors, guides, contractors, subcontractors, sponsors, successors and assigns (hereinafter collectively referred to as the “Releasees”)
In this Release Agreement the term “Zipline Activities” shall include all activities, events and services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: use of ziplines, trails, equipment, parking and other facilities; hiking, sightseeing and backcountry travel; orientation and instructional courses and sessions; and other such activities, events and services in any way connected with or related to Zipline Activities.
ASSUMPTION OF RISKS
I am aware that participating in Zipline Activities involves many risks, dangers and hazards including but not limited to: travel on rough, uneven, challenging or slippery terrain; changing weather conditions, equipment failure; failure to properly adjust or fasten equipment; improper use of equipment; slips, trips and falls; over-exertion; fear of heights; impact or collision with trees, man-made or natural objects, other participants or guides; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; negligent first aid; negligence of other participants or guides; 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 OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN ZIPLINE ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees agreeing to my participation in Zipline Activities and permitting my use of their ziplines, trails, equipment, parking and other facilities and services, I hereby agree as follows:
1. 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 participation in Zipline 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 OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN ZIPLINE ACTIVITIES;
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 Zipline Activities;
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 British Columbia and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within British Columbia and shall be within the exclusive jurisdiction of the Courts of British Columbia.
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 participating in Zipline Activities, other than what is set forth in this Release Agreement.
PHOTO/VIDEO RELEASE - I hereby grant permission to the Releasees to take photographic or video representations of me (and any minor children listed above) during my participation in Zipline Activities and to publish the photographs and video for advertising, promotional and marketing purposes.
I have read the Release Agreement and agree to be bound by its terms.
Today's date: September 21, 2023