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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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