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RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, AND INDEMNITY AGREEMENT
PLEASE READ CAREFULLY
I UNDERSTAND THAT BY SIGNING THIS DOCUMENT, I WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS,
INCLUDING THE RIGHT TO SUE OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT
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RELEASE OF LIABILITY
In consideration of my being permitted to participate in the course, guided trip, program, or activity - Overnight Backpacking (referred to as the "Activity”), offered or organized by Canada West Mountain School Inc., I hereby for myself, my heirs, executors, administrators and assigns, release and forever discharge Canada West Mountain School Inc., carrying on business as Canada West Mountain School, Wilderness Medical Consultants or Whistler Ski Guides, its directors, officers, employees, guides, instructors, leaders, contractors, volunteers, and managers, (all of which are referred to as the "Releasees") from and against all claims, actions, costs, expenses, and demands by reason of any damage, loss, death, or injury to my person or property, howsoever caused, arising out of or in connection with my participation in the Activity, notwithstanding that the same may have been contributed to or occasioned by the negligence of the Releasees.
INDEMNITY AGREEMENT
I agree to hold harmless and indemnify the Releasees from and against all claims, actions, costs, expenses, and demands in respect of any death, injury, loss, or damage to my person or property, howsoever caused, arising out of or in connection with the Activity notwithstanding that the same may have been contributed to or occasioned by the negligence of the Releasees.
ASSUMPTION OF RISKS - WILDERNESS AND MOUNTAIN TRAVEL
I acknowledge and accept that the Activity has inherent risks, hazards, and dangers (all of which may cause injury, death, discomfort, or damage to my person or property) including, but not limited to, the following:
- Snow avalanches that may be caused naturally, by the Participant or by other people, and may occur without warning
- Injuries as a result of skiing, hiking, climbing, rappelling, scrambling, or while engaged in any aspect of the Activity
- Dangerous or difficult terrain, including challenging snow conditions, rough ground, river crossings, and off-trail travel
- Unmarked hazards such as rocks, stumps, logs, crevasses, and other physical hazards found in a wilderness environment
- Sudden changes in, and extremes of, weather conditions that can affect the safety of participants on the Activity
- Equipment failure, including improper use of equipment and equipment malfunction
- Being struck by falling rocks, ice, and other objects, either naturally caused or caused by other people
- Falling on steep or difficult terrain, including falling while skiing, climbing, hiking, or scrambling on rock, snow, ice, and ground
- Becoming lost in remote or inaccessible areas which may lead to delayed return or increased risk of injury
- Accidents involving ski lifts, snowmobiles, helicopters, airplanes, and other vehicles encountered during the Activity
- Unpredictable animals including bears, rodents, and other animals that may cause injury, death, or damage to property
- All other risks, hazards, and dangers associated with the Activity and generally with travel in mountainous terrain
I UNDERSTAND THAT OTHER ACTIONS AND CONDITIONS can cause or contribute to the inherent risks, hazards, and dangers of the Activity, including, but not limited to, the following:
- Failure to follow the directions and instructions of the Guides, instructors, or leaders
- Inappropriate or inadequate equipment or clothing
- Poor or inadequate physical fitness or health
- Failure to exercise good judgment or pay due care and attention
I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS associated with this Activity and I accept and fully assume all such risks, dangers, and hazards and the possibility of personal injury, death, property damage, or loss resulting therefrom.
I FURTHER AGREE to bear all costs of rescue and medical treatment rendered to me, or for my benefit, arising from the Activity.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AND ACCEPT ITS TERMS. In entering 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 Agreement.