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ELEVEN REVELSTOKE LODGE

RELEASE OF LIABILITY, WAIVER OF CLAIMS,

ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

RELEASE OF LIABILITY, WAIVER OF CLAIMS, 
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT 
(hereinafter the “Release Agreement”)
BY SIGNING THIS RELEASE AGREEMENT 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! 
THIS RELEASE AGREEMENT SHALL APPLY TO ALL FUTURE PARTICIPATION IN THE ACTIVITIES



TO: KINGFISHER HELISKIING LTD., KFH HOLDINGS ULC, KNIGHT SKIING ULC, CS IRWIN LLC, IRWIN BACKCOUNTRY GUIDES LLC, RVL MANAGEMENT ULC, RVL PROPERTY CO ULC, CUSTOM HELICOPTERS LTD., ECLIPSE HELICOPTERS LTD., ARROW HELICOPTERS LTD., VALHALLA HELICOPTERS LTD., GLACIER HELICOPTERS LTD., TIM MILLER, HAROLD ZEOLKOWKSKI, GRASSY CREEK L.L.C., RVL PROPERTY HOLDINGS LTD., EXPLORER HOLDINGS ULC, 8503931 CANADA INC., HIS MAJESTY THE KING IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA and all related companies and their respective directors, officers, employees, guides, instructors, agents, independent contractors, subcontractors, representatives, successors, assigns and all Activity participants (all of whom are hereinafter collectively referred to as the “Releasees").

DEFINITION

In this agreement the term "Activities" includes all activities, accommodation, food, beverages, transportation, events and services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include but is not limited to: all travel by, use and operation of, and movement around helicopters, other aircraft, watercraft and other vehicles including ATVs, UTVs, automobiles and all other forms of transportation; jetskis, jetboats and other watercraft; wakesurfing; wakeboarding; kayaking; canoeing; paddleboarding; rafting; fishing; mountaineering; backpacking; hiking; trail running; backcountry travel; paragliding; sky diving; cycling; mountain biking; sightseeing; use of trails, bike parks and cross-country trails; swimming; river floating; golfing; use of equipment all related equipment and safety equipment; demonstrations, orientations, events and instructional courses, seminars and sessions; and all other activities, events and services in any way connected with or related to the above.

ACKNOWLEDGEMENT – NON-SCHEDULED OR EMERGENCY EVACUATION, RESCUE OR FIRST AID

Communication in backcountry 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. Disease may arise from the increased difficulty in maintaining personal hygiene. 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.

ASSUMPTION OF RISKS

I am aware that my participation in the Activities involves many risks, dangers and hazards. The terrain used for the Activities is uncontrolled, unmarked, not inspected, and involves many risks, dangers and hazards. These may include, but are not limited to: slips, trips and falls; rockfall; loss of balance; effects of the weather; high winds; effects of altitude; variation in terrain including steep or slippery sections, trees, roots, tree stumps, logs, cliffs, rock drops, loose gravel, holes, depressions, streams and creeks; collisions with natural and constructed structures, vehicles or equipment; collision with other persons; over-exposure to the sun, insect bites, fatigue, dehydration, exertion, and lack of fitness; overturning or upsetting of watercraft, floats or tubes; drowning; hypothermia; exposure to water and sun; becoming lost or separated from one’s party or guide; equipment failure including equipment associated with or related to climbing, rappelling, belaying, and the use of watercraft; mechanical failure of equipment; failure of parachute or other safety equipment; failure to act safely or within one’s own ability or stay within designated areas; negligent first aid; impact or collision with other persons; encounters with dangerous, poisonous or venomous flora and fauna; encounters with domestic and wild animals; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; 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 THE ACTIVITIES.

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN THE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the Releasees allowing me to participate in the Activities and permitting my use of the services, parking lots, Explorers Society Hotel, equipment, trails, and all other facilities, 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 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 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 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. 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; and

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. 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 the activities, other than what is set forth in this Release Agreement.

MEDIA RELEASE

I grant the Releasees the absolute and irrevocable worldwide right, license and permission, without any additional cost, to use my name, likeness, image, voice, and audio footage or film (collectively referred to as “Media”) obtained during my participation in the Activities. I agree that all right, title, interest and ownership, including copyright, in and to any tangible work in any Media containing my image so obtained shall be owned exclusively by the Releasees. I understand and agree that as owner of any such Media, the Releasees shall have the exclusive right to exercise all rights granted under copyright protection relative to the Media. I release the Releasees from any and all claims and demands arising out of or in connection with the use of such Media.

I CONFIRM THAT I HAVE READ THIS RELEASE AGREEMENT AND 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 THIS RELEASE AGREEMENT SHALL APPLY TO ALL FUTURE PARTICIPATION IN THE ACTIVITIES.

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
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 or Guardian's Email Address

Email
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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 Signature*
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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