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Definition - In this Agreement the term "Guided
Mountaineering" and "Guided Mountaineering Trip" shall include all
activities in any way related to mountaineering, rock climbing,
sport climbing, ice climbing, skiing (including ski-touring, ski
mountaineering, snowboarding, and similar activities), glacier
travel, trekking, hiking, all schooling and instruction sessions,
loading and unloading of vehicles and camping or overnight stays in
the outdoors.
I
WAIVE ANY AND ALL CLAIMS that I have or may in the future have
against and RELEASE FROM ALL LIABILITY AND AGREE NOT TO SUE
the Guide and his/her/its shareholders, directors, officers,
employees, agents, assistant guides, instructors, independent
contractors, subcontractors, and representatives (collectively, the
"Personnel"), the ACMG, BCALC, BCALC's servants, employees, and
agents (collectively "BCALC's Personnel") either or both the
Provinces and each of the Provinces' respective servants, employees,
and agents (collectively the "Provinces' Personnel" and, together
with the Guide, the ACMG, BCALC, BCALC's Personnel, and the
Personnel, collectively called the "Releasees") for any loss,
property damage, expenses, or personal injury (including death) that
I may suffer, or that my next of kin may suffer as a result of my
participation in a Guided Mountaineering Trip DUE TO ANY CAUSE
WHATSOEVER ON THE PART OF THE GUIDE, THE PERSONNEL OR THE ACMG,
INCLUDING: (a) negligence (the meaning of which
includes failure to use such care as a reasonably prudent and
careful person would use under similar circumstances and failure to
meet standards of care in the mountain guiding industry in Canada
for the safety of participants on a Guided Mountaineering
Trip); (b) breach of any other duty imposed by law,
including any duty imposed by occupiers liability or other
legislation; (c) breach of any contract; and (d)
mistakes or errors in judgment of any kind on the part of the
Releasees.
I AGREE TO HOLD HARMLESS AND INDEMNIFY THE
RELEASEES from any and all liability for any loss, property
damage and personal injury (including death) to any third party
resulting from my participation in a Guided Mountaineering
Trip.
I AM AWARE THAT GUIDED MOUNTAINEERING AND
PARTICIPATION IN A GUIDED MOUNTAINEERING TRIP HAVE CERTAIN DANGERS
AND INHERENT AND OTHER RISKS, SOME OF WHICH
INCLUDE:
AVALANCHES, ROCK FALL, ICE FALL OR CORNICE FALL
- which frequently occur in terrain used for Guided
Mountaineering and may be caused by natural forces including slope
incline, snowpack, ice, rock or glacier instability, or by changing
weather conditions, or by other climbers or skiers or by a
helicopter or the failure for any reason of the Releasees to predict
whether the terrain is safe for Guided Mountaineering or where or
when an avalanche, ice fall, rock fall or cornice fall may or may
not occur;
MOUNTAINOUS AND STEEP TERRAIN - where a
fall, whether roped or unroped, may cause injury or death. In
addition, the areas used for Guided Mountaineering have steep or
vertical slopes, overhangs and cornices which in their natural state
have inherently dangerous obstacles and hazards. Some of these
obstacles and hazards include glacier crevasses, rocks and boulders,
tree wells, tree stumps, forest deadfall, still and moving water,
holes and depressions, and varying and difficult snow and climbing
conditions. These mountainous areas have dangerous man-made
obstacles and hazards which may include roads, steep trails, fences,
bridges and other structures. The areas used for Guided
Mountaineering may have not been travelled previously and are not
regularly patrolled or examined. I acknowledge I may become lost or
separated from the Personnel or my companions because of weather,
forested areas and wild and rugged terrain;
WEATHER -
weather conditions can be extreme and can change rapidly without
warning;
AEROPLANE OR HELICOPTER OR OTHER MEANS OF
MECHANIZED TRAVEL - additional risks are posed by mechanized
travel in mountainous areas due to mechanical failure, operational
error and changeable weather conditions;
WILD AND/OR
POISONOUS PLANTS, ANIMALS, AND INSECTS - which are unpredictable
in nature and may affect or attack mountain
travellers; CONDUCT OF RELEASEES - the conduct, including
NEGLIGENCE, of the Releasees;
ILLNESS - which may be
caused, among other things, by altitude, untreated water, plants and
animals, or the difficulty of maintaining hygiene on Guided
Mountaineering Trips;
PROXIMITY OF MEDICAL CARE -
which may not be readily available or effective in a Guided
Mountaineering Trip;
CHOICE AND USE OF EQUIPMENT -
mountaineering equipment may become faulty or fail or become
inappropriate and may not be replaceable or repairable in the course
of a Guided Mountaineering Trip; and
USE OF NON-RELEASABLE
BINDINGS - "telemark" skiers and snowboarders and other
participants who choose to use bindings that do not or may not
automatically release in the case of a fall or other emergencies are
at greater risk of injury or death in an accident or
avalanche.
I accept all the dangers and risks of Guided
Mountaineering including without limitation the risks described
above and the possibility of personal injury including death,
property damage, loss or expenses resulting therefrom. I acknowledge
that the enjoyment and excitement of Guided Mountaineering is
derived in part from climbing or skiing on steep slopes in
mountainous terrain and that the inherent risks of Guided
Mountaineering contribute to such enjoyment and excitement. I
agree that, although the Releasees may take precautions to reduce
the risks and increase the safety of a Guided Mountaineering Trip,
it is not possible for the Releasees to make Guided Mountaineering
completely safe or free from risk. I willingly accept all the risks
and dangers of Guided Mountaineering and I willingly agree to the
terms of this Agreement even if the Releasees are found in law to be
negligent or in breach of a duty of care or any other obligation to
me in the conduct of any Guided Mountaineering Trip. In entering
into this Agreement I am not relying on any oral, visual or written
representations or statements made by the Releasees with respect to
the safety of Guided Mountaineering other than what is set forth in
this Agreement.
I agree that this waiver and the
agreements it contains will be governed in all respects by and
interpreted exclusively in accordance with the laws of the Province
of British Columbia and I irrevocably attorn solely to the
jurisdiction of the courts of the Province of British Columbia. I
agree that if any portion of this Agreement is found to be void or
unenforceable, the remaining portions of this agreement shall remain
in full force and effect. I confirm that I am of the full age of
nineteen years and that I have read and understood this Agreement
prior to signing it and agree that this Agreement will be binding
upon my heirs, next of kin, executors, administrators, assigns and
representatives in the event of my mental incapacity or
death.
Signed this __________ day of __________________,
20___ , in the presence of:
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