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 Event Activities, including all Event Activities booked, scheduled, and rescheduled both before and after the date of signing.
I confirm: (i) I am the person listed as the Participant below, I am at least 19 years old, and I am completing this Release Agreement for myself; or (ii) I am the parent/legal guardian of the minor child listed as Participant and I am authorized to complete this Release Agreement on their behalf. I understand that the Releasees are relying on this confirmation, and my accurate completion of, and agreement with, this Release Agreement, in agreeing to allow me to participate in Event Activities. TO: Brent Nixon (o/a VMG or Vancouver Mountain Guides Company), Eric Hughes, Jean-Marc Savoie, Paul McSorley, all organizers, volunteers, guides, vendors and sponsors of the Lillooet Ice Festival 2025, His Majesty the King in Right of Canada, and each of their respective directors, officers, employees, guides (including but not limited to apprentice, ski and alpine guides), instructors, agents, independent contractors, contractors, subcontractors, volunteers, representatives, successors, assigns and other participants (all of whom are hereinafter collectively referred to as "the Releasees"). DEFINITIONS
In this Release Agreement, the term "Event Activities" shall include but is not limited to: ice climbing, use of equipment whether rented, borrowed or loaned, and all activities, services and use of facilities either provided, arranged or organized by the Releasees or in any way associated with the Lillooet Ice Festival 2025 including presentations, demonstrations, orientation and instructional sessions, classes and clinics, ice climbing clinics, festival activities and social events, transportation, accommodation, food, beverage and water supply; and all travel by or movement around helicopters, other aircraft, snowcats, snowmobiles, or other vehicles, and all other activities and services in any way connected with or related to the Event Activities. In this release agreement, the term “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 Event Activities. ASSUMPTION OF RISKS – AVALANCHES, ALPINE TERRAIN, WILDERNESS TRAVEL, WEATHER, ETC. I am aware that participation in Event Activities involves many risks, dangers and hazards. Avalanches occur frequently in the terrain used for Event Activities and may be caused by natural forces or by persons travelling through the terrain. I am aware that the Releasees may fail to predict whether the terrain is safe or whether an avalanche may occur. The terrain used for Event Activities is uncontrolled, unmarked, not inspected, and involve many risks, dangers and hazards in addition to that of avalanche. These may include, but are not limited to: falling ice; melting ice; frozen waterfall collapse; equipment failure including equipment associated with or related to climbing, rappelling, and belaying; sharp equipment; falling equipment; cornices; crevasses; cliffs; ice caves; trees, tree wells; tree stumps; forest dead fall; creeks; bodies of water; thin ice; strong currents; cold water; variable or unknown water depths; rocks; rockfall; boulders; holes and depressions on or below the snow or road surface; variable and difficult snow conditions; changing weather conditions; slippery and difficult ground and travel conditions; extreme variation in terrain and trails; effects of high altitude including pulmonary edema and cerebral edema; snow immersion; encounters with dangerous or poisonous flora and fauna; impact, collisions, encounters or interactions with other persons, vehicles, or objects; encounters with domestic or wild animals; becoming lost or separated from one’s party or guide; incomplete warnings or instructions; loss of balance or control; slips, trips and falls; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; death; personal injury including but not limited to sprains, strains, shock, stress, nausea, food borne illness, allergic reaction, diarrhea, burns, cuts, abrasions, fractured or broken bones, impalement, drowning, hypothermia, loss of limbs, frostbite, dehydration, soft tissue injuries, neck, head and brain injury, paralysis, psychological injury, other injury to the body; negligent first aid or rescue services; transportation accidents; 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 EVENT ACTIVITIES. Communication in the backcountry, mountainous and 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. Weather conditions may be extreme and can change rapidly and without warning, making travel by foot, helicopter, snowcat, or snowmobile hazardous. I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH EVENT 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 EVENT ACTIVITIES IS PURELY VOLUNTARY AND I ELECT TO PARTICIPATE IN SPITE OF THE RISK. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of the Releasees allowing me to participate in Event 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 next of kin may suffer as a result of my participation in Event 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 EVENT 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 Event 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; 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; and 6. If any provision of this Release Agreement is held by a Court to be unenforceable, then such provision will be modified to reflect the Participant and Releasees’ 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 Event Activities, other than what is set forth in this Release Agreement. I CONFIRM THAT I HAVE READ AND I 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 AND AGREE THAT I AM SIGNING THIS RELEASE AGREEMENT FREELY AND VOLUNTARILY AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY. |