EQUIPMENT RENTAL AGREEMENT (Winter)

EQUIPMENT RENTAL AGREEMENT (Winter)
LIABILITY RELEASE, INDEMNITY AND ASSUMPTION OF RISK AGREEMENT
PLEASE READ CAREFULLY

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BANFF ADVENTURES UNLIMITED & 603220 ALBERTA LTD.

RENTAL AGREEMENT

1. I accept full responsibility for the care of the rental equipment (“Equipment”) listed on the back of this form (or attached form) and I agree to pay for any damage to the Equipment while it is in my possession. I will be responsible for the replacement at full value of any Equipment not returned by the agreed date. Equipment not returned prior to store closing is subject to an extra day(s) charge.

2. I am familiar with the proper use of the Equipment and agree to use the Equipment only for its intended purpose. I understand the rental employees are able to answer questions I may have as to the proper use of the Equipment.

ASSUMPTION OF RISKS

I am aware that x-country skiing, snowshoeing, skating and hiking (with ice cleats) involve risks, dangers and hazards and that injuries are a common and ordinary occurrence of these sports.

SKATING / X-COUNTRY / SNOWSHOEING - I understand that the boot / binding system for this Equipment is not designed or intended to release and will not release under normal circumstances. I understand that as the boot / binding system is 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.

HELMETS AND SAFETY GEAR - I understand serious injury or death can result from use of the Equipment even when a helmet or other safety gear is worn and used.

I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS ASSOCIATED WITH USE OF THE EQUIPMENT.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the rental of the Equipment, I hereby agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against BANFF ADVENTURES UNLIMITED & 603220 ALBERTA LTD. and its directors, officers, shareholders, agents, rental technicians, employees, successors and assigns (all of whom are hereafter referred to as 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, resulting from or arising out of any aspect of my use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT BREACH OF WARRANTY OR BREACH OF ANY STATUTORY DUTY OF CARE INCLUDING ANY DUTY OWED UNDER THE OCCUPIERS LIABILITY ACT R.S.A. 2000, c.O-4 in respect of the design, manufacture, selection, installation, maintenance, inspection, adjustment, service or repair of the Equipment, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as to the use of the Equipment.

2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my use of the Equipment. 3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in the event of my death or incapacity.

4. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Alberta and no other jurisdiction.

5. Any litigation involving the parties to this Agreement shall be brought solely within the Province of Alberta and shall be within the exclusive jurisdiction of the Courts of the Province of Alberta.

I HAVE READ AND UNDERSTAND THIS AGREEMENT 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 AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

I Agree

I AGREE TO THE TERMS OF THIS AGREEMENT

Today's Date: May 3, 2024

Please select who will be participating...

Adult Minor(s)
1 Minor 2 Minors 3 Minors 4 Minors 5 Minors More Minors 6 Minors 7 Minors 8 Minors 9 Minors 10 Minors

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First Participant's Name

First Name*

Last Name*

Phone*

First Participant's Date of Birth*

First Participant's Information

DAMAGE INSURANCE: Customer accepts at rate shown. The damage insurance applies to equipment breakage only, not to lost, misplaced, stolen, misused or abused equipment. Banff Adventures Unlimited will absorb the costs of repair to any damaged equipment, based on the above conditions; however, any lost or stolen equipment shall be replaced by the renter.

Damage Insurance ($5 a day):*

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First Participant's Signature*

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Second Participant's Name

First Name*

Last Name*

Second Participant's Date of Birth*

Second Participant's Information

Damage Insurance ($5 a day):*

Decline

Third Participant's Name

First Name*

Last Name*

Third Participant's Date of Birth*

Third Participant's Information

Damage Insurance ($5 a day):*

Decline

Fourth Participant's Name

First Name*

Last Name*

Fourth Participant's Date of Birth*

Fourth Participant's Information

Damage Insurance ($5 a day):*

Decline

Fifth Participant's Name

First Name*

Last Name*

Fifth Participant's Date of Birth*

Fifth Participant's Information

Damage Insurance ($5 a day):*

Decline

Sixth Participant's Name

First Name*

Last Name*

Sixth Participant's Date of Birth*

Sixth Participant's Information

Damage Insurance ($5 a day):*

Decline

Seventh Participant's Name

First Name*

Last Name*

Seventh Participant's Date of Birth*

Seventh Participant's Information

Damage Insurance ($5 a day):*

Decline

Eighth Participant's Name

First Name*

Last Name*

Eighth Participant's Date of Birth*

Eighth Participant's Information

Damage Insurance ($5 a day):*

Decline

Ninth Participant's Name

First Name*

Last Name*

Ninth Participant's Date of Birth*

Ninth Participant's Information

Damage Insurance ($5 a day):*

Decline

Tenth Participant's Name

First Name*

Last Name*

Tenth Participant's Date of Birth*

Tenth Participant's Information

Damage Insurance ($5 a day):*

Decline

Parent or Guardian's Email Address

Email*

Confirm Email*

Participant's Address

Address Line 1:*

Street address, P.O. box, company name, c/o

Address Line 2:

Apartment, suite, unit, building, floor, etc.

Country:*

City:*

State/Province:*

Zip/Postal:*

Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.

Parent or Guardian's Name

First Name*

Last Name*

Phone*

Parent or Guardian's Date of Birth*

Parent or Guardian's Information

Damage Insurance ($5 a day):*

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Parent or Guardian's Signature*

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Electronic Signature Consent*

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

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