DEFINITIONS: In this Release Agreement, the term “Activities” shall include all activities, the services & use of facilities and equipment either provided by or arranged by the Operators or in any way related to All Terrain Vehicles (ATV), Utility Terrain Vehicles (UTV), Side By Sides (SXS) and Hiking tours and rentals, including but not limited to: orientation & instructional sessions; transportation; accommodation & recreational activities in addition to driving, loading, unloading & travel in or movement around the ATV, UTV and SXS and all driving & other activities in the alpine or wilderness areas. The term “Negligence” means the failure of one or more of the employees or the Operators to take proper care for your safety. The term “Operators” includes Toby Creek Adventures Ltd, Paradise Mountain Resorts Ltd., Altash Leasing Corporation Inc., Adrian Olmstead, Fountain Capital Corp., RGM Holdings Ltd., Bombardier Recreational Products Inc., BRP US Inc., their affiliates and subsidiaries, any booking agency, and their directors, officers, employees, guides, agents, independent contractors and the representatives. The term “the Province” means His Majesty the King in Right of the Province of British Columbia.
ASSUMPTION OF RISKS
I am aware that participation in Activities involves certain risks, dangers and hazards, which include but are not limited to the following
(a)Avalanche: Avalanches frequently occur, sometimes caused by natural forces, and other times by other ATV, UTV, SXS; skiers, snowmobilers, landslides, falling debris, such as rocks, wood, trees, other ATV, UTV, SXS or other mechanical devices.
(b) Natural Hazards: The terrain over which I will travel has many hidden and unforeseen natural dangers, such as trees, tree wells and tree stumps, creeks, rocks, forest deadfall, depressions, crevasses, cliffs and water ruts. Wild Animals such as Cougars, Grizzly Bears, Black Bears, Elk, Moose or any wild or domestic animals;
(c) Man-made Hazards: The terrain over which I will travel may also contain man-made hazards and risks, such as fences, mine shafts, logging debris, logging equipment, artificial road barriers, water bars, as well as other motorized ATV, UTV, SXS, motorbikes or vehicles;
(d) Lost: ATV,UTV, SXS and Hikers may become lost or separated from their party or guide. Communications in the terrain over which I will be travelling will be difficult and in the event of an accident, rescue and/or medical treatment may be seriously delayed, or not available. Weather conditions may be extreme, and capable of changing rapidly, without notice, making travel hazardous;
(e) Negligence: I understand death or injury may result from negligence of other ATV, UTV and SXS operators and or from negligence on the part of the Operators or their guides or employees.
(f) PASSENGERS: have an increased risk of bodily harm and or death.
(g)Hiking/Walking: Can be very dangerous and painful if you fall; overexertion can cause heart attacks and other medical complications. Cliffs and fast water/waterfalls/icefalls are found throughout the operating areas. I acknowledge and accept that the Operators and their staff may fail to predict whether the terrain over which I will travel is safe for the Activities and Services or may fail to predict or identify the presence of any of the natural or man-made hazards, including but not limited to those identified above. I am now aware of the risks, dangers and hazards associated with the 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.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Operators providing the Activities, I hereby agree as follows
1) TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE OPERATORS & THE PROVINCE & their directors, officers, employees, guides, agents, independent contractors & representatives, (all of whom are hereinafter collectively referred to as the ‘RELEASES’) arising out of any aspect of my participation in wilderness Activities;
2) To release the releases from any and all liability for any damage, injury or expense that I may suffer as a result of my use of or my presence during the Activities tour and rental or facility 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. 1979,C.303 on the part of the Releases;
3) TO HOLD HARMLESS AND INDEMNIFY THE RELEASES from any and all liability for any property damage or personal injury to any third party resulting from my participation in wilderness Activites;
4) This agreement shall be in effect and binding upon my heirs, next of kin, executors, administrators, assigns and representatives in the event of my death or incapacity;
5) This agreement shall be governed by and interpreted in accordance within the laws of the Province of British Columbia. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia;
6) Photo Release – I consent to photographs taken of me during my ATV/UTV/SXS/HIKE, other than what is set forth in this Agreement, and;
7) By providing my email above I consent to receive electronic messages from Toby Creek Adventures Ltd.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH WILDERNESS 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 CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASES.
Signed this day December 6, 2023: