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RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS,
INCLUDING THE RIGHT TO SUE
PLEASE READ CAREFULLY!
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NAME |
LAST
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FIRST
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INITIAL
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ADDRESS
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STREET
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CITY
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PROV/STATE
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CODE
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DATE OF BIRTH
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AGE
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TO:
TAMARACK ALPINE ADVENTURES INC., HIGH TERRAIN HELICOPTERS LTD., KOKANEE HELICOPTERS CHARTER
CORP., HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, and their directors, officers,
employees, guides, agents, independent contractors, subcontractors, representatives, successors and assigns (all of whom are hereinafter collectively referred to as "the Releasees")
DEFINITION
In this Agreement, the term "alpine activities" shall include but is not limited to: alpine skiing, nordic skiing, telemark skiing,
snowboarding, hiking, touring, mountaineering, rock climbing, ice climbing, expeditions, trekking, glacier travel; and all activities,
services and use of facilities either provided by or arranged by the Releasees including orientation and instructional sessions or
classes, transportation, accommodation, and all travel by or movement around helicopters or other aircraft.
ASSUMPTION OF RISKS – AVALANCHES, ALPINE TERRAIN, WILDERNESS TRAVEL, WEATHER, ETC.
I am aware that participation in alpine activities as defined in this Agreement, involves various risks, dangers, and hazards.
Avalanches occur frequently in the terrain used for alpine activities and may be cause 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 or whether an avalanche may
occur. The terrain used for alpine 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 domestic and wild animals; impact or collision with other persons; becoming lost or separated from one's party or guide; negligence of other persons; and
NEGLIGENCE ON THE PART OF THE RELEASEES, INLUDING THE FAILURE BY THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ALPINE ACTIVITIES.
Communications in the alpine terrain may be difficult, and in the event of an accident or illness, rescue, medical treatment and
evacuation many not be available or may be delayed. Alpine weather conditions may be extreme and can change rapidly and without warning.
I AM FULLY AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH ALPINE ACTIVITIES AND 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.
NOTICE TO SNOWBOARDERS AND TELEMARK SKIERS – INCREASED RISK
Unlike alpine ski boot/binging systems, snowboard, and some telemark boot/binding systems are not designed or intended to
release and will not release under normal circumstances, thus increasing the risk of not surviving an avalanche.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me to participate in alpine activities as defined in this Agreement, and for other good
and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
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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 alpine 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 OWNED UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.B.C. 1996, c. 337, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ALPINE ACTIVITIES REFERRED TO ABOVE;"
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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 alpine activities;
3. This 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 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 British Columbia and no other jurisdiction; and
5. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be
within the exclusive jurisdiction of the Courts of the Province of British Columbia.
In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with
respect to the safety of alpine activities, other than what is set forth in this Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, 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, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
Signed this _____________ day of ________________________________________, 20 ________________
___________________________________ _______________________________________
Witness Signature of Participant
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