For the purpose of inducing the Program Provider (defined below) to accept the person named in this Acknowledgement, Waiver, Release and Indemnity (the “Participant”) into the program offered by the Program Provider and for which the Participant is registered (the “Program”) and in consideration of being provided access and use of the premises, facilities, and/or equipment owned by the Program Provider in connection with their acceptance into the Program, and the right to participate in the Program (whether as an employee, consultant, contractor, scientist, tourist, volunteer, or other guest or invitee), the Participant covenants, acknowledges and agrees as follows:
A. The Participant is over 18 years of age, or the Participant is under 18 years of age and this Acknowledgment, Waiver, Release and Indemnity is being signed for and on behalf of the Participant by their parent or legal guardian, and, in such case, any references to the "Participant" herein shall be deemed to be a reference to, collectively, the Participant and their legal guardian, and, as the case may be, the Participant is capable of freely giving or withholding their consent.
B. The Participant is aware of the following potential Risks (as defined below) associated with their participation in the Program:
- cancelled or delayed travel to the location of the Program, which may result in failure of the Participant to participate in Program;
- mechanical breakdown of the vehicle(s) operated in connection with the Program;
- becoming stranded in remote areas;
- being subjected to rugged terrain and a very harsh climate that can be extremely dangerous to the Participant and unpredictable; and
- encounters with wild animals, which may result in serious personal injury, including death (collectively, the “Risks”) and the Participant knowingly and willingly agrees to assume all Risks arising out of or in any way relating to their participation in the Program.
1. The Participant hereby covenants and agrees to take full responsibility for ensuring that they (i) follows all rules, guidelines, policies, regulations and recommendations (collectively, the “Rules”) made by the Program Provider, whether verbally or in writing, and (ii) travels safely and arrives on time to Churchill, Manitoba (or such other location where the Program is being offered), to participate in the Program for the Program dates listed above.
2. In consideration for the Program Provider allowing the Participant to participate in the Program, the Participant, together with their respective heirs, executors, administrators, trustees, successors, legal personal representatives (including any attorney, public trustee, guardian or agent) and assigns, hereby releases, indemnifies and saves harmless the Program Provider from and against any actions, suits, proceedings, assessments, losses, claims, demands, damages, costs, liabilities of every nature and kind whatsoever in law or in equity, and expenses (including legal and other professional fees and disbursements, on a solicitor and own client basis) which the Participant may have had, may now have or may hereinafter have, in any way relating to (i) the Risks associated with participation in the Program, (ii) failure of the Participant to follow the Rules, (iii) injury, death or sickness suffered by the Participant in connection with participation in the Program, (iv) any losses from damage to property (including loss or theft of personal property) suffered by the Participant while in the Program or in the Program Provider’s vehicles or facilities, (v) the failure of the Participant to arrive on time in Churchill, Manitoba (or such other location where the Program is being offered), such that the Participant is unable to (fully) participate in the Program, and/or (vi) any other matter arising between the Participant and the Program Provider (collectively, the “Claims”).
3. The Participant, together with their respective heirs, executors, administrators, trustees, successors, legal personal representatives (including any attorney, public trustee, guardian or agent) and assigns, for the consideration aforesaid, hereby covenants and agrees not to make any Claims or take any proceedings on account of said Claims against any person or persons, firm or other entity, who may claim contribution, indemnity or other relief from the Program Provider, and the Participant further covenants and agrees that they will at all times, hold harmless and indemnify the Program Provider (including reimbursement of all legal costs and disbursements, on a solicitor and own client basis) which may be made against the Program Provider by any such person for the purpose of enforcing any Claims, pursuant to the provisions of any law, statute, agreement or otherwise.
4. The term “Program Provider” expressly includes Polar Bears International (“PBI”), Polar Bears International (Canada) Inc. (“PBI Canada”) and all of their subsidiaries and affiliates, Parks Canada, all of the field scientists, community members, employees, contractors and volunteers involved in the Program, and each of the Participating Organizations affiliated with PBI and/or PBI Canada in the provision of the Program, and their respective officers, directors, shareholders, members, donors, partners, employees, staff, insurers, agents, representatives, local operators and volunteers, and all of their respective heirs, executors, administrators, successors, assigns and personal representatives. “Participating Organizations” means all of PBI's and PBI Canada’s associated national organizations, including but not limited to the Churchill Northern Studies Centre and all of their subsidiaries and affiliates, the sponsoring organization (if any) that selected the Participant for participation in the Program, 5878850 Manitoba Ltd. o/a Frontiers North Adventures and all of its subsidiaries and affiliates, and any other persons or companies involved in providing the Program.
5. The Participant acknowledges that during the Program, their image, likeness and personality (the “Personal Images”), may be captured on photograph, video, sound recording, live streaming internet transmission and on other media, and that the Program Provider or a Participating Organization may wish to use these Personal Images for promotional and other business purposes. The Participant hereby relinquishes and forever waives all of their rights relating to the content of the Personal Images and their being captured, reproduced and used (whether or not for profit) on any such media form(s), including any privacy rights or rights to be compensated for the commercial use of the Personal Images that the Participant may otherwise have, and further relinquishes and waives any copyright, moral rights or any other rights that they may have in the content or use of the Personal Images.
6. The Participant agrees that this Acknowledgment, Waiver, Release and Indemnity (the "Indemnity”) shall be governed by the laws of the Province of Manitoba and the federal laws of Canada applicable therein. The Participant hereby irrevocably attorns to the exclusive jurisdiction of the Courts of the Province of Manitoba, and all courts competent to hear appeals therefrom, in respect of any matter arising in connection with this Release and Indemnity.
7. The Participant agrees that if any provision of this Indemnity is to be invalid or unenforceable by a court, it shall not affect the validity or enforceability of any other provision.
8. This Indemnity shall be binding on the Participant’s heirs, executors, administrators, successors, assigns and personal representatives. This Indemnity shall be deemed to be executed and delivered as an instrument under seal, reflecting the intention of the Participant to be irrevocably bound hereby.
9. The Program Provider requires any donors, content creators or camp attendees (travelling from outside Churchill, MB to attend) to have travel insurance. For anyone outside of these categories, while travel insurance is not required, travel insurance is highly recommend. There may be a significant cost to emergency medical treatment in remote and northern locations and it is the Participant's responsibility to understand their private travel insurance. It is recommended that the Participant confirms that their travel insurance includes evacuation coverage. If the Participant would like to purchase travel insurance please visit http://www.insuremytrip.com for information and to learn more about their options. The Participant indemnifies and saves harmless the Program Provider from all costs associated with emergency medical treatment.
10. All completed forms, including any health information, are securely stored using JotForm's encryptedservers. JotForm uses industry-standar encryption (AES-256) and maintains data redundancy acrossmultiple geographic locations to ensure your information is safe and not lost. The Program Provider willonly access health or emergency contact information contained in this form as reasonably necessary inthe event of a health or medical issue.
11. The Participant acknowledges that they have read this Indemnity carefully before signing it, and understand all of the provisions contained in it and have had an opportunity to obtain independent legal advice in respect thereto or have voluntarily waived that right. The Participant confirms that the Participant is executing this Indemnity freely, voluntarily and without duress.
12. Authorization to Treat
- I hereby authorize the Program Provider's staff/volunteers/contractors to treat the Participant for scrapes and cuts and minor conditions.
- In an emergency, I authorize the Program Provider's staff/volunteers/contractors to transport me and/or obtain medical services.