Ski Guide Program Waiver RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, 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 OR BREACH OF THE OCCUPIERS LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
PLEASE READ CAREFULLY!
I AGREE THIS RELEASE AGREEMENT SHALL APPLY TO ALL MY PARTICIPATION IN THE ACTIVITIES FOR A PERIOD OF 2 CALENDAR YEARS FROM THE DATE I SIGN THIS AGREEMENT, INCLUDING ALL ACTIVITIES BOOKED, SCHEDULED AND RESCHEDULED BOTH BEFORE AND AFTER THE DATE OF SIGNING.
TO: THE ASSOCIATION OF CANADIAN MOUNTAIN GUIDES (the “ACMG”), HIS MAJESTY THE KING IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, HIS MAJESTY THE KING IN RIGHT OF CANADA, AND ALL SKI AREA OPERATORS, BACK-COUNTRY FACILITY OPERATORS, HELICOPTER AND SNOWCAT SKIING OPERATORS, TRANSPORTATION SERVICE PROVIDERS, CLIMBING FACILITY OPERATORS, CATERING SERVICE PROVIDERS, SPONSORS, ORGANIZATIONS, INSTITUTIONS, ASSOCIATIONS, CORPORATIONS AND INDIVIDUALS WHO PROVIDE OR MAKE AVAILABLE FACILITIES, PREMISES OR SERVICES FOR ANY ACTIVITIES (AS DEFINED BELOW) and each of their respective directors, officers, employees, instructors, examiners, guides, supervising guides, apprentice guides, observers, volunteers, agents, contractors, independent contractors, subcontractors, representatives, successors, and assigns (all of whom are hereinafter collectively referred to as “the Releasees”) ACTIVITIES In this Release Agreement, the term "Activities" shall include but is not limited to: courses, seminars, instructional sessions, evaluations, assessments, tests, retests, workshops, alpine skiing, nordic skiing, telemark skiing, snowboarding, snowshoeing, hiking, touring, mountaineering, expeditions, trekking, glacier travel, indoor gym climbing, use of equipment either rented or loaned, and all activities, services, and use of facilities either provided, arranged or organized by the Releasees or otherwise related to the ACMG training and assessment program or other activity that I have or will register for, including all classroom sessions, field trips, transportation, accommodation, food, beverage, and water supply; and all travel by or movement around ski lifts, gondolas, helicopters, other aircraft, snowcats, snowmobiles, watercraft, or other vehicles, and camping or overnight stays in the outdoors, and all other activities and services in any way connected with or related to the Activities or the ACMG training and assessment program. In this Release Agreement, the term “Negligence” includes the failure by the Releasees to use such care as a reasonably prudent and careful guide/instructor would use under similar circumstances or breach of any other duty of care imposed by law. NON-SCHEDULED OR EMERGENCY EVACUATION, RESCUE OR FIRST AID. I acknowledge and agree that all expenses associated with non-scheduled or emergency evacuation, rescue, or first aid will be my responsibility and will not be covered by the Releasees. AVALANCHE AIRBAG SYSTEM The Avalanche Airbag System (“AAS”) consists of a backpack integrating an airbag system which is inflated by manually pulling an activation handle. Once inflated, an AAS may assist in keeping a person caught in an avalanche closer to the surface, thus potentially increasing the chances of survival. The AAS may not always inflate and may not protect the user against trauma during an avalanche. ASSUMPTION OF RISKS– AVALANCHES, ALPINE TERRAIN, WILDERNESS TRAVEL, WEATHER, ETC. I am aware that participating in the Activities will expose me to many risks, dangers, and hazards that could result in physical injury, psychological injury, death, paralysis, property damage, or loss to me or other third parties. Avalanches occur frequently in the terrain used for the Activities and may be caused by natural forces or by persons traveling through the terrain. I am aware that the Releasees may fail to predict whether the terrain is safe for the Activities or whether an avalanche may occur. The terrain used for the Activities is uncontrolled, unmarked, not inspected, and involves many risks, dangers, and hazards in addition to that of avalanches. The risks, dangers, and hazards of participating in the Activities may include, but are not limited to: avalanches; incomplete warnings or instructions; uninspected or unmarked terrain; cornices; crevasses; ice caves; cliffs; trees; tree wells; tree stumps; forest dead fall; bodies of water; strong currents; cold water; variable or unknown water depths; extreme and rapidly changing weather conditions; rocks; rockfall; boulders; holes and depressions on or below the snow surface; variable and difficult snow conditions; lightning; forest fires; slippery and difficult ground and travel conditions; extreme variation in terrain and trails; snowcat roads, resource roads, sled tracks, and road banks, fences and other man made structures; access to snowcat and helicopter pick-up, drop-off, and landing zones; effects of high altitude including pulmonary edema and cerebral edema; snow immersion; drowning; equipment failure including equipment associated with or related to cimbing, rappelling and belaying; encounters with wildlife; encounters with dangerous or poisonous flora and fauna; allergic reactions; food and water contamination; impact or collision with equipment, terrain, objects or structures; collisions with other persons; negligent first aid or rescue services; transportation accidents; becoming lost or separated from one’s party or guide; loss of balance; slips, trips and falls; falls from heights; witnessing or being involved in a traumatic or upsetting incident; negligence of other persons; personal injury including but not limited to sprains, strains, shock, stress, nausea, food borne illness, diarrhea, burns, cuts, abrasions, fractured or broken bones, impalement, hypothermia and hypothermia, loss of limbs, frostbite, dehydration, illness, soft tissue injuries, neck, head and brain injury, paralysis, psychological injury, other injury to the body; AND NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES: (i) WITH RESPECT TO THE PROVISION OF OR THE FAILURE TO PROVIDE DIRECTIONS OR INSTRUCTIONS; OR (ii) TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES. The added risks of travel by helicopter to locations where the Activities occur include travel over mountainous or alpine environment; helicopter crashes; being struck by rotating helicopter blades and tail rotors; mechanical malfunction of helicopters; and pilot error. Communication in the alpine terrain may be difficult and in the event of an accident or illness, rescue, medical treatment, and evacuation may not be available or may be delayed. Alpine weather conditions may be extreme and can change rapidly and without warning, making travel by helicopter or foot or other means hazardous. NOTICE TO SNOWBOARDERS AND TELEMARK SKIERS - INCREASED RISK Unlike alpine ski boot/binding systems, snowboard, snowshoe and some telemark boot/binding systems are not designed or intended to release and will not release under normal circumstances. I understand that as the boot/binding system is a non-release system, this system will not reduce the risk of injury during a fall and will increase the risk of not surviving an avalanche. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES, AND I AGREE 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 FURTHER AGREE MY PARTICIPATION IN THE ACTIVITIES IS PURELY VOLUNTARY AND I ELECT TO PARTICIPATE IN SPITE OF THE RISKS. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of the Releasees allowing me to participate in 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 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 heirs, next of kin, executors, administrators, assigns, and representatives may suffer as a result of my participation in the 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 ANY APPLICABLE OCCUPIER’S LIABILITY LEGISLATION ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES:(i) WITH RESPECT TO THE PROVISION OF OR THE FAILURE TO PROVIDE DIRECTIONS OR INSTRUCTIONS; OR (ii) TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE 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 the 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. For accidents that occur in Canada, 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 or territory where the Activities take place and no other jurisdiction and any litigation involving the parties to this Release Agreement shall be brought solely within the province or territory where the Activities take place and shall be within the exclusive jurisdiction of the Courts of that province or territory; and 5. If any provision of this Release Agreement is held by a Court to be unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Release Agreement shall remain in full force and effect as drafted. 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 the Activities, other than what is set forth in this Release Agreement. I CONFIRM THAT I HAVE READ AND AGREE TO THIS RELEASE AGREEMENT. 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. I ACKNOWLEDGE THAT I AM SIGNING THIS RELEASE AGREEMENT FREELY AND VOLUNTARILY AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY.
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