RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT Please note that by signing this agreement, you give up the right to sue for any injury or damages, howsoever caused. TO: All Access Adventures (“the Company”) and its directors, officers, employees, representatives and agents (collectively called “the Agents”). I hereby sign this agreement on behalf of myself, my personal representatives, heirs and assigns. 1. I acknowledge and agree that participating in the Company's All Access Adventures Volunteer Program and related activities may involve certain inherent risks, dangers, and hazards that can result in serious personal injury, illness or death.I hereby freely agree to assume and accept any, and all, known and unknown risks of injury which are in any way related to the participation in any of the events or activities associated with the All Access Adventures Volunteer Program, including but not limited to injury or death caused by other participants, volunteers, chaperones, spectators, or any other persons, environmental features, wildlife, water, weather conditions and the effects thereof, and other equipment of any kind located on or around the Volunteer Program or activity. I further acknowledge and agree that the risk can be greatly reduced by participating within the my own abilities and using common sense at all times; I understand that I am voluntarily participating in All Access Adventures Volunteer Program, and would like to participate in the All Access Volunteer Program despite all known and unknown risks of injury presented by participation in the All Access Adventures Volunteer Program. 2. Damage or Loss: If I am using rental equipment owned by "the Company" (including but not limited to backcountry skis, splitboards, snowshoes, poles, avalanche equipment), I agree that repairs of the product will be billed at the discretion of "the Company" if the product is damaged during the period of use. Loss or Theft of the rental products will be billed at the retail rate. 3. I agree as a precondition to my participation in all events organized by “the Company” and/or “the Agents” including, but not limited to use of rental equipment, social meetups and events (collectively referred to as “the Activities”) and in further consideration of “the Company” allowing me to do so, that I will be strictly bound by the terms of this Release of Liability, Waiver of Claims, Assumption of Risk and Indemnity Agreement (“the Agreement”). 4. I acknowledge that “the Activities” involve inherent risks and dangers that may cause serious injury and possible death to participants. 5. I fully understand the risks and dangers associated with my participation in “the Activities” and accept same entirely at my own risk. 6. I hereby waive any and all claims which I may have against “the Company” and “the Agents” and release “the Company” and “the Agents” from all liability for injury, death, property damage or any other loss sustained by me 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 by “the Company” and/or “the Agents”. 7. I appreciate that “the Agreement” limits the liability of “the Agents” to the same extent as it limits the liability of “the Company”, even though “the Agents” are not formal parties to “the Agreement”. 8. I understand that rental transceivers are rented with batteries and that I checked that the battery level on the transceiver(s) was greater than 50% and it is my responsibility to ensure battery level does not go below 33%. I understand that I should be responsible for bringing my own tested, working, fully charged AAA batteries. 9. I understand that when I am using my own personal avalanche safety equipment, snowshoes, splitboarding and/or ski touring equipment, I have checked that it is fully functioning, and will ensure my safety in the event of an accident or avalanche. I understand that I am responsible for knowing how to properly use and operate all of my personal avalanche safety equipment and snowshoes, splitboarding and/or ski touring equipment. 10. I checked that the battery level on my avalanche transceiver(s) was greater than 50% and it is my responsibility to ensure battery level does not go below 33%. I understand that I should be responsible for bringing my own tested, working, fully charged AAA batteries. "The Company" is not responsible for providing me with m 11. I understand that backcountry skiing, split boarding and/or snowshoeing (“Activities”) involves many risks and hazards. ASSUMPTION OF RISKS – AVALANCHES, ALPINE TERRAIN, WILDERNESS TRAVEL, WEATHER I am aware that participation in wilderness activities involves many risks, dangers and hazards. Avalanches occur frequently in the terrain used for wilderness activities and may be caused by natural forces or by persons travelling through the terrain. The terrain used for wilderness activities is uncontrolled, unmarked, not inspected, and involves many risks, dangers and hazards in addition to that of avalanche. These may include, but are not limited to: cornices; crevasses; cliffs; trees, tree wells; tree stumps; forest dead fall; creeks; rocks; rockfall; boulders; holes and depressions on or below the snow surface; variable and difficult snow conditions; effects of high altitude including pulmonary edema and cerebral edema; equipment failure; encounters with dangerous or poisonous flora and fauna; impact or collision with other persons; becoming lost or separated from one’s party; negligence of other persons. I WILL NOT BE NEGLIGENT IN MY USE OF THE RENTAL EQUIPMENT, AND PERFORMANCE OF THE ALL ACCESS ADVENTURES VOLUNTEER PROGRAM ACTIVITIES AND PROMISE TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT MYSELF FROM THE RISKS, DANGERS AND HAZARDS OF WILDERNESS ACTIVITIES. I have participated in certified avalanche safety courses and/or have reasonable knowledge and experience in the backcountry and am aware of the aforementioned risks and hazards. I AM 19 YEARS OF AGE OR OLDER, AND I HAVE READ AND UNDERSTAND “THE AGREEMENT”. I UNDERSTAND THAT THIS DOCUMENT CONTAINS A PROMISE NOT TO SUE “THE COMPANY” AND/OR “THE AGENTS” AND THAT IT CONSTITUTES A RELEASE OF LIABILITY AND AN INDEMNITY FOR ALL CLAIMS. IF I AM THE PARENT AND / OR GUARDIAN OF THE PARTICIPANT I HAVE READ AND UNDERSTAND AND EXECUTE “THE AGREEMENT” ON BEHALF OF CHILD / WARD. 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 COMPANY. |