BackCounty Snowmobile Operator Certification Inc.

 

Release of Liability, Wavier of Claims, Assumption of Risks and Indemnity Agreement. By signing this document you will waive certain legal rights, including the right to sue.

Please Read Carefully

 

Last Name:                                                    First Name:                                                  

Address:                                                                                                                                

Date of Birth:                                                 Age:              

 

Definitions: The term “Snowmobile” shall include all activities, services and use of facilities either provided by or arranged by the Operators or in any way related to snowmobile tours and rentals, but not limited to: orientation and instructional sessions; transportation, accommodation and recreational activities in addition to driving snowmobiles, loading, unloading, and travel in or movement around the snowmobiles and all driving and other activities in the alpine or wilderness areas. The term “Negligence” means the failure of one or more of the employees or the Operators to take proper care for your safety while on a Snowmobile Tour or Training.

 

Assumption of Risks: I am aware that the use of snowmobiles and other related equipment involves certain risks, dangers, and hazards, which include (but are not limited to the following).

A.     Avalanche: Avalanches frequently occur, sometimes caused by natural forces, and other times by other snowmobilers, skiers, land slides, falling debris, such as rocks, wood, trees, cornices, or other mechanical devices;

B.     Natural Hazards: The terrain over which I will travel has many hidden and unforeseen natural dangers such as: trees, tree wells, tree stumps, creeks, rocks, forest deadfall, depressions, crevasses, cliffs, water ruts, wild and or domestic animals;

C.     Man-made Hazards: The terrain over which I will travel may also contain man- made hazards and risks, such as: fences, mine shafts, logging debris, logging equipment, artificial road barriers, water bars, snowmobiles, snowmobilers, snowcats, groomers and other man made vehicles;

D.     Lost: Snowmobilers may become lost or separated form their Snowmobile party or guide. Communications in the terrain over which I will be driving will be difficult and in the event of an accident, rescue and/or medical treatment may be seriously delayed, or not available. Weather conditions are capable of changing rapidly, with no forewarning, to extreme, making travel hazardous;

E.      Negligence: I understand death or injury may result form negligence of other Snowmobilers, and or the commercial operator from negligence on the part of the Operators or their guides or employees. I acknowledge and accept that the Operators and their staff may fail to predict whether the terrain over which I will travel is safe for snowmobiling, or may fail to predict or identify the presence of any of the natural or man-made hazards identified above. I am now aware of the risks, dangers and hazards associated with wilderness snowmobile touring/training and I freely accept and fully assume all such risks, danger and hazards, and the possibility of personal injury, death, property damage or loss resulting there from.

Participants initials:                           

 

Release of Liability, Waiver of Claims and Indemnity Agreement

In consideration of the following, (all of whom are herein referred to as the “Operators” BackCountry Snowmobile Operator Certification Inc. any Booking Agency, and their directors, officers, employees, guides and representatives, (all of whom are herein after collectively referred to as “the Releases”) and HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA (      hereafter called the “Provence”) I hereby agree as follows:

  1. To waive any and all claims that I have or may in the future have against The Operators and the Province and their directors, officers, employees, guides, instructors, agents, independent contractors and representatives, ( all of whom are herein after collectively referred to as the “Releasees”) arising out of any aspect of my participation in wilderness snowmobile touring or training.
  2. To release the Releasees form any and all liability for any damage, injury or expense that I may suffer as a result of my use of or my presence on the snowmobile tour, training, and rental or facility due to any cause whatsoever, including NEGLIGENC, breach of contact, or breach of any statutory or other duty of care, including any duty of care owed under the occupiers liability act R.S.B.C. 1979, C. 303 on the part of the Releasees;
  3. To Hold Harmless and Indemnify the Releasees form any and all liability for any property damage or personal injury to any third party resulting form any participation in wilderness snowmobile touring, training, and
  4. This agreement shall be in effect and binding upon my heir, next of kin, executors, administrators, assigns, and representatives in the event of my death or incapacity.
  5. This agreement shall be governed by and interpreted in accordance within the laws of the Province of British Columbia. Any litigation involving the parties to this Agreement shall be brought solely 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 the Snowmobile tour/training, other than what is set forth in this Agreement.

I AM AWARE OF THE RISKS, DANGER AND HAZARDS ASSOCIATED WITH THE WILDERNESS SNOWMOBILE TOURS/TRAINING AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERY DAMAGE OR LOSS RESULTING THEREFORM.

I CONFIRM THAT I AM AWAR THAT BY SINGING 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.

 

Signature                                                    or Guardian Name                                          

Or signature of parent or Guardian (if participant is under 19 years of age

Witness                                                       date