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BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE PLEASE READ CAREFULLY! |
To: Kootenay Experience, Wildhorse Catskiing, Ymir Yurts
of Nelson, Biritish Columbia (hereinafter referred to as "The
Operator")
and to: Pluto Darkwoods Corp. (hereinafter referred to
as "Darkwoods")
and to: Her Majesty the Queen in Right of the Province of British
Columbia (hereinafter referred to as "The Province")
DEFINITIONS
in this agreement
a) the term "skiing" shall include "snowboarding"
and "telemark skiing"
b) the term "wilderness skiing" shall apply to
both "helicopter skiing" and "snowcat skiing"
and "backcountry skiing" and shall include all activities,
services and use of facilities either provided by or arranged
by the Operators or in any way related to either helicopter skiing,
snowcat skiing or backcountry skiing including, but not limited
to: orientation and instructional sessions; transportation; accommodation
and recreational activities in addition to skiing; loading; unloading
and travel in or movement around helicopters and snowcats; and
all skiing and other related activities in the alpine area.
ASSUMPTION OF RISKS - AVALANCHES, ALPINE TERRAIN, WILDERNESS TRAVEL, WEATHER ETC. I am aware that wilderness skiing involves risks, dangers and hazards in addition to those normally associated with downhill skiing. Avalanches occur frequently in the alpine terrain used for wilderness skiing and may be caused by natural forces or by skiers. I acknowledge and accept that the Operators and their staff may fail to predict whether the alpine terrain is safe for skiing or whether an avalanche may occur. The alpine terrain used for wilderness skiing 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: ice and snow cornices; trees; tree wells and tree stumps; creeks; rocks; boulders; forest deadfall; holes and depressions on or below the snow surfacel; cliffs; variable and difficult snow conditions; crevasses; snowcat roads and road banks; fences, and other man-made structures; impact or collision with other skiers; the failure to ski safely or within one's own ability or within designated areas; negligencem of other skiers; and NEGLIGENCE ON THE PART OF THE OPERATORS OR THEIR GUIDE'S AND EMPLOYEES TO SAFEGUARD OR PROTECT ME FROM THE RISK, DANGERS AND HAZARDS OF WILDERNESS SKIING. Skiers may become lost or seperated from their skiing party. Communication in the alpine terrain is difficult and in the event of an accident, rescue and medical treatment may not be available. Alpine weather conditions may be extreme and can change rapidly and without warning, making travel by snowcat hazardous.
I AM AWARE OF THE RISKS AND HAZARDS ASSOCIATED WITH WILDERNESS SKIING 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/binding systems, snowboard and some telemark
boot/binding systems are not designed or intended to release and
will not release under normal circumstances. Snowboarders and
telemark skiers without ski brakes are also required to use a
retention device or safety strap. These factors will increase
the risk of not surviving an avalanche.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of THE OPERATOR, THE LICENCEE, DARKWOODS and
THE PROVINCE allowing me to participate in Wilderness Skiing,
and for other good and valuable consideration, the receipt and
sufficiency of which is acknowledged, I hereby agree as follows:
| 1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against THE OPERATORS, THE PROVINCE AND DARKWOODS and their directors, officers, employees, guides, agents, independant contractors, representatives, successors and assigns (all of whom are hereinafter collectively referred to as 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 wilderness skiing, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING THE FAILURE ON THE PART OF RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF WILDERNESS SKIING 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 Wilderness Skiing;
3. That 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. That this Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia; and
5. That any litigation involving the parties to this Agreement
shall be brought within 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 Wilderness Skiing, 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
Signature of Skier:
Witness:
Name of Skier (print):
THIS AGREEMENT MUST BE COMPLETED IN FULL, INITIALED, DATED, SIGNED AND WITNESSED BY US PRIOR TO SKIING WITH US.
