To: Squamish Access Society (“SAS”) and its respective directors, officers, employees, members, volunteers, agents, independent contractors and subcontractors, representatives, successors, assigns and all persons acting under their authority (all of whom are hereinafter collectively referred to as “the Releasees”).
DEFINITION
In this Agreement the term “SAS Volunteer Activities” shall include but is not limited to: rock climbing, trail building, trail clearing, trail and crag access maintenance, backpacking, hiking, scrubbing rock climbs, rappelling, and, all activities, services and use of facilities provided, organized or arranged by the Releasees including orientation, instructional and skill development programs and all travel by or movement around motorized vehicles, bridges or ropes and rope systems.
ASSUMPTION OF RISKS
I AM AWARE THAT PARTICIPATION IN SAS VOLUNTEER ACTIVITIES INVOLVES MANY RISKS, DANGERS AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: The terrain used for SAS Volunteer Activities is uncontrolled, unmarked, not inspected, and involves many risks, dangers and hazards. I am aware that the Releasees may fail to predict whether the terrain is safe, and whether hazards or risks may occur. Risks, dangers and hazards may include but are not limited to: rockfall and slides of rock triggered by natural forces, by persons travelling through the terrain or other causes; extreme variation in terrain, including hidden or exposed rocks, boulders, ice, logs, stumps, roots, forest deadfall, treewells, trees and other objects; falling trees; forest fires; ungroomed, unmarked and uncontrolled terrain; exposed or concealed holes or depressions on or below the surface or ground cover; still and moving water; lakes, streams, creeks and rivers, including crossings; cold water immersion; entrapment by trees, logs, rocks or equipment; drowning; limited visibility; variable, severe or rapidly changing weather with little or no warning including storms, high winds and lightning; hypothermia; hyperthermia; frostbite; loss of balance or control and falls, particularly on steep, slippery or difficult terrain; difficulty or inability to control one’s speed and direction; errors of judgment; lack of preparation; inadequate, inappropriate, improperly prepared or adjusted equipment; equipment failure, malfunction or loss; loss or damage to personal property; failure to act safely or within one’s ability or within a designated area; impact or collision with vehicles, other persons or objects; encounters with domestic or wild animals; becoming lost, going off route or becoming separated from one’s party; remote locations with unreliable, delayed or no communication and inability to get rescue or medical assistance quickly or easily; dangerous driving conditions and travel over poor roads; negligence of other persons; and,
NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE BY THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF SAS VOLUNTEER ACTIVITIES.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH SAS VOLUNTEER ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
NON-SCHEDULED OR EMERGENCY EVACUATION, RESCUE OR FIRST AID
I acknowledge and agree that all expenses associated with non-scheduled or emergency evacuation, rescue or first aid will be my responsibility and will not be covered by the Releasees.
DISCLOSURE OF RESPONSIBILITIES
All activities and programs offered by the Releasees which involve SAS Volunteer Activities are entirely self-guided. The directors, officers, employees, members, volunteers, organizers, agents, representatives, coordinators and all persons acting under the authority of the Releasees are neither professional guides nor trained first aid attendants. All are volunteers and may have no formal training in the skills and knowledge required for the SAS Volunteer Activities. The Releasees are not in any way responsible for travel to or from locations, including transport by public or private motor vehicles. Releasees are not in any way responsible or liable for driver negligence, conduct or safety, or for insurance of vehicles, even if the vehicle belongs to or is driven by the Releasees. Participants are responsible for their own medical insurance, accident and disability insurance and third party liability insurance.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me to participate in SAS Volunteer Activities and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the Releasees and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense, or injury including death that I may suffer, or that my next of kin may suffer, resulting from or in connection with my participation in any activities, programs, services or meetings organized, provided or authorized by or on behalf of the Releasees, including, but not limited to expeditions, courses or programs involving SAS Volunteer Activities;
DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.B.C. 1996, c. 337, OR ANY APPLICABLE OCCUPIERS LIABILITY LEGISLATION, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF SAS VOLUNTEER ACTIVITIES REFERRED TO ABOVE.
- TO HOLD HARMLESS AND INDEMNIFY the Releasees from any and all liability for any property damage or personal injury to any third party, resulting from any aspect of my membership in SAS, my participation in SAS Volunteer Activities, programs, services or meetings organized, provided or authorized by or on behalf of the Releasees, including but not limited SAS trips, camps, expeditions, courses or programs involving SAS Volunteer Activities;
- This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
- This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdictions; and
- Any litigation involving the parties of this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
Unless the executive of SAS directs otherwise, this Agreement shall apply to all subsequent or participation in activities, programs, services or meetings organized, provided or authorized by or on behalf of the Releasees including but not limited to SAS trips, camps, expeditions, courses or programs involving SAS Volunteer Activities.
In entering into this Agreement, I am not relying upon any oral or written representations or statements made by the Releasees with respect to the safety of SAS Volunteer Activities, programs, services or meetings organized, provided or authorized by or on behalf of the Releasees, other than what is set forth in this Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING 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.