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The
form of Release and Waiver presented below is substantially the same as the form
which you will be required to sign prior to your tour.
Contact
Whistle Tours prior to your tour to obtain the actual printed copy of the
form which you will be asked to sign.
WHISTLE
TOURS
RELEA RELEASE OF LIABILITY, WAIVER 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
Name of Skier:
Surname______________________________
Given
name____________________________
Initial:________
Address:
Street _____________________________________________
City_____________________________
Province/State ___________Postal/Zip
Code___________ Country___________
In
consideration of WT (as defined below) accepting my application for and
permitting me to participate in a back country ski-touring trip on lands owned
by the city of Rossland or under the control of the Province (as defined
below) or elsewhere, the following waiver of all claims, release from
all liability, assumption of all risks, agreement not to sue and other terms
of this agreement (WT Back Country Ski-tours Waiver) are entered
into by me with and for the benefit of:
Whistle Tours
Box 96
Rossland, British Columbia, Canada
and
Her Majesty the Queen in Right of
The
Province of British Columbia ("The Province")
I am aware that ski
touring has, in addition to the usual risks and dangers inherent in the sport
of skiing, certain additional risks
and dangers, some of which include:
A.
Avalanches:
I am aware that avalanches frequently occur in the mountainous terrain used
for backcountry ski touring and that avalanches have caused
a number of fatalities involving backcountry ski touring. If I use a
snowboard or telemark skis, I am aware that there is an increased risk that I
will not survive an avalanche if the snowboard or telemark skis do not have a
binding release mechanism.
I am aware
that the risk of an avalanche is always present in backcountry ski touring,
that this risk cannot be completely eliminated by WT and the
Personnel, and that avalanche accidents may result from the failure for any
reason (including negligence) of W T or the Personnel to correctly determine the
stability and safety of a slope for skiing or to predict where or when an
avalanche might occur.
B. Mountain
Terrain: The mountainous terrain in which ski touring activities
take place contain many
obstacles and hazards which are not necessarily found in developed ski areas,
including steep slopes, slopes that may not have been skied previously, trees,
treewells, creekbeds,
exposed holes above creekbeds, ice, exposed rock, cliffs, snowmachine tracks, and variable and
unexpected snow conditions. As well, skiers may become lost
or separated from their guide or from other
skiers, communication may be difficult, and medical treatment may not be readily available.
I
assume and accept all the risks and dangers of backcountry ski touring and the
possibility of personal injury, death, property damage or other loss, as
a result, I agree that, although W T and the Personnel may take precautions
to reduce the risks and increase the safety of
backcountry ski touring and
to determine whether a particular slope is safe from the risk of avalanche or
other hazards before it is skied, it is not possible for WT or the Personnel to
make
backcountry ski touring completely safe or to predict with complete assurance
whether the terrain to be skied is safe from the risk of avalanche.
I
willingly accept these risks and agree to the terms of this WT Backcountry
Ski Touring Waiver even if WT or any of the
Personnel are found in law
to be negligent or in breach of a duty of care or any other obligation to me in
their conduct of any WT ski touring trip.
I
am aware that the enjoyment and excitement of back country ski-touring is
derived in part from skiing in
powder snow on steep ungroomed slopes
and is contributed to by the inherent risks of back country ski-touring.
Weather:
Weather conditions may be extreme and may change rapidly without
warning.
D. Ski
Touring: Additional risks are posed by ski touring travel on
mountainous terrain and in winter
and by the aforementioned hazards.
I
acknowledge that WT staff will be available to more fully explain to me the
various hazards and
risks associated with ski touring at any time prior to my engaging in any such
activities. In consideration of W.T. accepting my application and agreeing to my use of their equipment
and other facilities (hereinafter
referred to as "the WT skiing facilities") and for other
good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, I hereby agree and
acknowledge:
1.
That I am prepared to accept and do freely accept all of the inherent risks
and additional risks and
dangers associated with the use of the W T
ski touring facilities,
including the possibility of personal
injury, property damage, death, or any loss resulting therefrom.
2.
That I
hereby waive any and all claims that I may have or may in the future have
against W.T.
Initial Here:
and its Directors, Officers, Employees, Guides, Agents
or Representatives and the Province
(all of whom
are hereinafter collectively referred to as the "Releasees") and
I do hereby release
the Releasees from
any and all liability for any loss, damage or expense that I may suffer or that
my next-of-kin may suffer for any personal injury,
property damage, loss or death sustained by
negligence on the
part of W.T. or its Directors, Officers, Employees, Guides,
Agents and
Representatives
and the Province.
3.
That3. That this release of liability shall be effective and binding
upon my heirs, next-of-kin, executors,
administrators and successors, in the event of a claim arising against the
Releasees or any of them in the event of my death or injury. I
confirm that I am of the full age of nineteen years, that I have had sufficient
time to read and understand what I am agreeing to in this WT Backcountry ski-touring
Waiver before signing it and that it will be binding upon my heirs, next of kin,
executors, administrators and successors.
4.
I agree that the WT Back Country Ski-Touring
Waiver and the agreements it contains will be governed
exclusively in all respects by and
interpreted solely
in accordance with the laws of the Province of British Columbia. I hereby
irrevocably submit to the exclusive jurisdiction of the courts of the Province
of British Columbia and I agree that no other courts can exercise jurisdiction
over the agreements and claims referred to herein.
Any litigation to
enforce this agreement shall be instituted in British Columbia and nowhere else.I
agree that the terms "back country ski-touring", herein include
snowboarding, mono-skiing, telemark skiing
and other similar activities and the
term "ski-touring" include snowboarder, mono-skier and telemark skier..
I understand that backcountry ski touring can be very physically demanding and
that I suffer from no ill health that would require immediate evacuation.
Whistle
Tours Disclosure:
-WT personnel are not
licensed certified ski-touring guides.
- WT personnel have attended
"Backcountry Avalanche Awareness Courses"
associated with backcountry ski-touring.
-WT
personnel have 15 years of local backcountry ski touring experience.
-WT
seek and use the skills and knowledge of the local ski patrols and
certified guides.
i Signed this
day of 200
SiSignature of
witness
Signature of Skier
(Please print name clearly)
Signature of parent or guardian if skier is under 19 years
THIS
AGREEMENT MUST BE COMPLETED IN FULL, DATED, SIGNED AND INITIALED BY
THE SKIER, AND WITNESSED, PRIOR TO SKIING WITH WHISTLE TOURS.
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