TO: White Mountain Tours Ltd. (d.b.a. White Mountain Adventures) and His Majesty the King in Right of the Province of Alberta (hereinafter called the "Province")
In consideration of White Mountain Tours Ltd. accepting my application for and my being permitted to go on any walking, heli-hiking, hiking, snowshoeing, cross-country skiing trips or any other activities, on lands owned by the Province or elsewhere, I agree to this release of claims, waiver of liability and assumption of risks (collectively, "This agreement").
I waive any and all claims I may now and in the future have against, and release from all liability and agree not to sue, White Mountain Tours Ltd. and its officers, employees, guides, agents or representatives, ( collectively, its staff) or the Province for any personal injury, death, property damage or loss sustained by me as a result of my participation in any activity with White Mountain Tours Ltd. due to any cause whatsoever, including without limitation, negligence on the part of White Mountain Tours Ltd., its staff, or the Province.
I am aware that walking, heli-hiking, hiking, snowshoeing and cross-country skiing, bicycling etc. have the usual dangers and risks inherent in outdoor activities, some of which are:
1) hypothermia, sunburn, windburn; due to varying weather conditions
2) personal injury such as, cuts and scrapes, broken bones, pulled muscles, and tendons, sprains; due to natural hazards and terrain variations enroute.
I accept all the inherent risks of the above activities and the possibility of personal injury, death, property damage or loss resulting therefrom.
I acknowledge that the enjoyment and excitement of these activities is derived from these inherent risks and contributes to such enjoyment and excitement.
In addition to and in no way limiting anything else contained herein, I waive any and all claims I may now or in the future have against, and release from all liability and agree not to sue, White Mountain Tours Ltd. and its staff, or the Province for any COVID-19 related personal injury, death, or loss (including expenses) sustained by me or any other person as a result of my participation in any activity with White Mountain Tours Ltd. due to any cause whatsoever, including without limitation, negligence on the part of White Mountain Tours Ltd., its staff, or the Province.
I acknowledge and agree that by signing this Agreement I assume all risks relating to, and I waive any and all claims I may now or in the future have against, and fully release from all liability and agree not to sue, White Mountain Tours Ltd. and its staff, or the Province for any (i) cancellation (by me or by White Mountain Tours Ltd.) of my trip or booking with White Mountain Tours Ltd., (ii) any disruptions of my trip or booking with White Mountain Tours Ltd., and (iii) any and all expenses incurred relating to my trip or booking with White Mountain Tours Ltd. including without limitation costs of accommodations, flights, car rentals, and other travel costs, meals, and any other incidentals or items, for any reason related in any way to COVID-19 including without limitation actual or possible suffering by me or any other person in my party from COVID-19 related illness, mandatory quarantine or self-isolation requirements whether self-imposed or imposed by governmental authorities, restrictions, changes or cancellations to flights, accommodations or any other travel related bookings, or restrictions or limitations on gatherings, activities or White Mountain Tours Ltd.'s business whether imposed by White Mountain Tours Ltd., a governmental authority or otherwise.
I acknowledge and agree that White Mountain Tours Ltd. shall not reimburse me or any person in my party for any such trip or booking disruption or cancellation (except as set out in the cancellation policy agreed to at the time of booking) and shall not reimburse me or any person in my party, under any circumstances, for any related or other expenses incurred as a result of any trip or booking disruption or cancellation resulting from COVID-19, or otherwise, including without limitation costs of accommodations, flights, car rentals, and other travel costs, meals, or any other incidentals or items. The risk of COVID-19 related loss is agreed to be assumed by me. I agree that the forfeiture of any monies paid by me upon the happening of any cancellation or disruption event shall be a genuine pre-estimate of damages (liquidated damages) and not a penalty.
In entering into this Agreement, I am not relying on any oral, written, or visual representations or statements made by White Mountain Tours Ltd., including those in its brochures, or by the Province, to induce me to go walking, heli-hiking, hiking, snowshoeing, cross-country skiing, or any other activity.
I confirm that I am of the full age of nineteen years and that I have read and understand the Agreement prior to signing it and agree that this Agreement will be binding upon my heirs, next of kin, executors, administrators and successors.
I agree that this Agreement shall be governed in all respects by and interpreted in accordance with the laws of the Province of Alberta.