RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (hereinafter the “Release Agreement”) BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OF THE OCCUPIER LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT PLEASE READ CAREFULLY! THIS RELEASE AGREEMENT SHALL APPLY TO ALL FUTURE PARTICIPATION IN WILDERNESS ACTIVITIES
TO: Flexpeditions Inc., carrying on business as Flexpeditions Outdoor Adventures, Flexpeditions, or The Revy Outdoor School, Monashee Wilderness Society, His Majesty the King in Right of the Province of British Columbia, Amy Flexman, Flexpeditions Inc., and their directors ,officers, employees, guides, interns, volunteers, agents, independent contractors, subcontractors, representatives, successors, assigns and guests (all of whom are hereinafter collectively referred to as “the Releasees”). DEFINITION: In this Release Agreement, term “wilderness activities” shall include but is not limited to snowshoeing, Nordic skiing, snowboarding, telemark skiing, alpine skiing in bounds, hiking, rock climbing, ice climbing, trekking, building quinzhees and outdoor shelters, sleeping overnight in an outdoor shelter/quinzhee, tobogganing, building and moving around campfires, cooking with campfires, activities in a yurt moving around a woodstove, partaking in multi day expeditions and all activities, services and use of facilities either provided by or arranged by the Releasees including orientation and instructional sessions or classes, transportation to and from excursions, accommodation, food and beverage, water supply and all travel by or movement around vehicles, and all other activities and services in any way connected with or related to wilderness activities. ASSUMPTION OF RISKS - TOBOGGANING, EATING NEAR OPEN CAMPFIRES, WILDERNESS TRAVEL, WEATHER. I am aware that participation in Wilderness activities, involves many risks, dangers and hazards. I am aware that the Releasees will do their best but may fail to predict whether the terrain is stable or whether a rare avalanche may occur. The terrain used for wilderness activities is uncontrolled, unmarked, not inspected regularly, and involves many risks, dangers and hazards. These may include, but are not limited to: trees, tree wells, tree stumps, forest dead fall; creeks; rocks; rockfall; boulders; and depressions on or below the snow surface variable and difficult snow conditions; hypothermia, snow immersion; slips, trips, and falls; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; equipment failure; encounters with domestic and wild animals; impact or collision with other persons including other guests and participants; becoming lost or separated from one’s party or guide; negligence of other persons; 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 WILDERNESS ACTIVITIES. Communication in wilderness areas may be difficult, and in the event of an accident or illness, rescue, medical treatment and evauation may not be available or may be delayed. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH WILDERNESS ACTIVITES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPER DAMAGE OR LOSS RESULTING THEREFORE. RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (hereinafter the “Release Agreement”) BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OF THE OCCUPIER LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT PLEASE READ CAREFULLY! THIS RELEASE AGREEMENT SHALL APPLY TO ALL FUTURE PARTICIPATION IN WILDERNESS ACTIVITIES
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of the Releasees allowing me to participate in wilderness activities as defined in this Release Agreement, and for other good and valuable consideration, I hereby agree as follows: - TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releeases 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 wilderness 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 WILDERNESS ACTIVITIES;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for all property damage or personal injury to any third party resulting from my participation in wilderness activities;
- This Release Agreement shall be effective and binding upon my hiers, 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 British Columbia and no other jurisdiction; and
- 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 representatives or statements made by the Releasees with respect to the safety of participating in wilderness activities; other than what is set forth in this Release Agreement. I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HIERS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. I ACKNOWLEDGE THAT THIS RELEASE AGREEMENT SHALL APPLY TO ALL FUTURE PARTICIPATION IN WINTER WILDERNESS ACTIVITIES. Note: Please list the name of participants involved when acting as a guardian to a group. *** please list any participants under the age of 19 you are representing as a guardian here:
Date: March 29, 2024
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