RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter the “Release Agreement”)
AVALANCHE SKILLS TRAINING PROGRAMS ARE OFTEN CONDUCTED IN MOUNTAINOUS OR BACKCOUNTRY
TERRAIN. THESE COURSES INVOLVE RISKS, DANGERS AND HAZARDS IN ADDITION TO THOSE NORMALLY
ASSOCIATED WITH BEING IN A MOUNTAIN ENVIRONMENT. ALL AVALANCHE SKILLS TRAINING PROGRAM
PARTICIPANTS ARE REQUIRED TO SIGN THIS RELEASE OF LIABILITY AND WAIVER AGREEMENT.
I UNDERSTAND THAT BY SIGNING THIS RELEASE AGREEMENT, I WILL GIVE UP OR WAIVE CERTAIN LEGAL
RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION SHOULD I BE INJURED. I ALSO
UNDERSTAND THAT SUCCESSFUL COMPLETION OF AN AVALANCHE SKILLS TRAINING PROGRAM DOES NOT
IN ITSELF QUALIFY ME TO SAFELY TRAVEL THROUGH AVALANCHE PRONE TERRAIN.
PLEASE READ CAREFULLY!
TO: Stay Wild Backcountry Skills Inc
AND TO: AVALANCHE CANADA AND ALL SKI AREA OPERATORS, PROPERTY OWNERS AND INDIVIDUALS WHO
PROVIDE OR MAKE AVAILABLE FACILITIES, PREMISES OR SERVICES FOR THE TEACHING OF AVALANCHE
SKILLS TRAINING COURSES AND ALL AVALANCHE SKILLS TRAINING SPONSORS, AND THEIR
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, SUBCONTRACTORS,
REPRESENTATIVES, SUCCESSORS AND ASSIGNS (ALL OF WHOM ARE HEREINAFTER COLLECTIVELY
REFERRED TO AS THE “RELEASEES”)
DEFINITIONS
In this Release Agreement:
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a) the term "MOUNTAIN TRAVEL"
shall include, but is not limited to: skiing; snowboarding; snowshoeing; hiking and climbing;
and all travel by snowmobile, snowcat, motor vehicle, aircraft, helicopter and other conveyances.
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b) the term "AVALANCHE SKILLS TRAINING"
shall include all courses, seminars, workshops, field activities, services and use
of facilities in any way related to the avalanche course I am participating in including, but not limited to: classroom sessions;
field trips; and all mountain travel either within or beyond the ski area boundaries or in the backcountry; and all transportation
by air or on public or private roads or highways in connection with the Course.
AVALANCHE CANADA’S
ROLE IN AVALANCHE SKILLS TRAINING
Avalanche Canada (“AvCan”
) facilitates avalanche safety in Canada by developing nationally recognized avalanche course
standards and providing support and instructional materials to independent instructors who in turn deliver the Avalanche Skills
Training (“AST”) programs.
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AvCan does not choose the terrain or monitor the conditions for AST field sessions.
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AST Instructors are not employees, agents, representatives, independent contractors or
subcontractors of AvCan.
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AvCan assumes no liability for loss, injury or death incurred during participation in AST programs.
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ASSUMPTION OF RISKS - AVALANCHES, MOUNTAIN TRAVEL, WEATHER, ETC. I am aware that the field
sessions of the Avalanche Skills Training program may take place in mountainous or backcountry terrain and involve various
risks, dangers and hazards. I acknowledge and accept that the AST Instructor may fail to predict whether the terrain is safe for
travel or whether avalanches may occur. Further risks, dangers or hazards may include but are not limited to: ice and snow
cornices; trees, tree wells and tree stumps; creeks; rocks and boulders; forest deadfall; holes and depressions on or beneath the
snow surface; cliffs; variable and difficult snow conditions; crevasses; winter travel on highways and backcountry roads; snowcat
roads and road banks, fences, and other man-made structures; becoming lost or separated from the Instructor or other Course
participants; extreme and rapidly changing weather conditions; observing or participating in snow control programs, encounters
with hunters or domestic or wild animals, including bears; negligence of other persons; infectious disease contracted through
viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; mechanical failure of
snowmobiles, snowcats and related equipment; impact or collision with other persons or snowmobiles, snowcats and other
vehicles; failure to operate a snowmobile safely or within one's own ability; AND NEGLIGENCE ON THE PART OF THE
RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE BY THE RELEASEES TO TAKE REASONABLE
STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN THE AVALANCHE SKILLS TRAINING
PROGRAM 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.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of being permitted to participate in the Avalanche Skills Training Course, 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 arising out of any aspect
of my participation in the Avalanche Skills Training Course 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 during my
participation in the Course, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF
CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, AS WELL AS ANY DUTY OF CARE
OWED UNDER THE OCCUPIERS LIABILITY ACT, 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 THE RISKS, DANGERS AND
HAZARDS REFERRED TO ABOVE;
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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 Avalanche Skills Training Course;
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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;
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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 the jurisdiction in which the Course is taught and no
other jurisdiction; and
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Any litigation involving the parties to this Release Agreement shall be brought solely within the jurisdiction in which the
Course is taught.
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 Avalanche Skills Training Course, other than what is set forth in this Release
Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, 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 CONFIRM THAT I HAVE READ AND UNDERSTOOD THE WAIVER Initial Here