RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND
ASSUMPTION OF RISKS AGREEMENT
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO CLAIM COMPENSATION OR SUE SHOULD YOU BE INJURED.
PLEASE READ CAREFULLY!
TO: COAST OUTDOORS LTD., and its directors, officers, shareholders, employees, guides, instructors, agents, representatives, contractors, subcontractors, successors and assigns (hereinafter collectively referred to as “THE RELEASEES”).
DEFINITION - This Agreement shall apply to all activities, events or services provided, arranged, organized, sponsored or authorized by the Releasees, including but not limited to: cross country skiing; skate skiing; snowshoeing; hiking; backpacking; camping; orientation and instructional courses and sessions; clinics; programs; camps; races; multi-day trips; guided activities; tours; transportation or travel to and from locations used for the Activities; loading and unloading of equipment (hereinafter referred to as “the Activities”).
ASSUMPTION OF RISKS - I am aware that participation in the Activities involves risks, dangers and hazards including, but not limited to: slips and falls while using the skis or snowshoes; loss of balance while using the skis or snowshoes; falling from the skis or snowshoes; hypothermia due to exposure to very cold conditions; variation in the weather, snow conditions, and surfaces; changing and inclement weather conditions including fog, storms, high wind and lightning; avalanche; entrapment by trees, logs, rocks or equipment; collision with rocks, trees, logs, deadfall, and other skiers, snowshoers, trail users, motorized vehicles, snow mobiles, snow grooming equipment or snow making equipment; equipment failure; accidents that occur while hiking, backpacking and camping including steep slopes in their natural state that may contain many obstacles and hazards, and terrain that may not have been travelled on or climbed before and is not regularly patrolled or inspected; variation in the terrain including holes, depressions, loose gravel, rocks, mud, roots, creeks; impact with trees, tree stumps, forest deadfall, rocks, or other natural or man-made objects on or adjacent to the trails; encounters with wild and domestic animals; becoming lost or separated from one’s guide, instructor or party; failure to act safely or within one’s ability or to stay within designated areas; and negligence of other persons. I AM AWARE THAT ONE OF THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES IS NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES, SOME OF WHICH ARE REFERRED TO ABOVE. 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.
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 their equipment, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE 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 AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.
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 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.
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 the 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.