RELEASE OF LIABILITY, WAIVER OF CLAIMS
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
BY SIGNING THIS DOCUMENT IN THE SPACE PROVIDED, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
PLEASE READ CAREFULLY
TO: NICKEL PLATE CROSS COUNTRY SKI CLUB
(1) I accept full responsibility for the care of the rental equipment (“the Equipment”) listed on this form and I agree to pay for any damage to the Equipment and replace at full retail value any equipment not returned by the agreed date.
(2) I also agree to return the Equipment in clean condition to avoid any additional charges.
- I am familiar with the proper use of the Equipment. I understand that the rental technicians are able to answer any questions I may have as to the proper use of the equipment.
ASSUMPTION OF RISKS
I am aware that the activities I will carry on in using the Equipment involve risks, danger and hazards and that injuries are a common and ordinary occurrence of these activities. Without limitation, if I am engaging in Cross-country skiing, I am aware that Cross-country skiing involves risks, dangers and hazards and that injuries are a common and ordinary occurrence of these sports. I understand that the Crosscountry boot / binding system is not designed or intended to release and will not release under normal circumstances. I understand that as the Crosscountry boot / binding system is a non-release system, it will not reduce the risk of injury during a fall and will increase the risk of not surviving an avalanche.
I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE USE OF THE EQUIPMENT AND PARTICIPATION IN ANY ACTIVITIES ASSOCIATED WITH NICKEL PLATE CROSS COUNTRY SKI CLUB, including but not limited to, injuries from:
- training whether indoor or outdoor including strength training, running, hiking, and cycling;
- overusing, exerting and stretching various muscle groups and strenuous cardiovascular workouts;
- vigorous physical exertion, rapid movements and quick turns and stops;
- falling to the ground due to slips, trips or uneven, slippery or irregular terrain or surfaces;
- contact, colliding or being struck by skis, ski poles, equipment, trees, other individuals or other fixed objects;
- failing to participate within one’s abilities, skill and within designated areas;
- becoming lost or separated from the group or the group becoming split up;
- failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment;
- extreme weather conditions which may result in frostbite, hypothermia, snowstorms, sunstroke or lightning strikes
- encounters with animals or plants including allergic reactions;
- travel to and from training, competitive events and associated non-competitive events which are an integral part of Activities; and
- infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact;
- other risks normally associated with participation in the Activities.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the rental of the Equipment, I hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against Nickel Plate Nordic Cross Country Ski Club and the manufacturer and distributor of the Equipment and their directors, officers, employees, agents, and representatives (all of whom are hereinafter collectively referred to as “the Releasees”) and TO RELEASE THE RELEASEES from any and all liability for any loss, damage, injury or expense that I may suffer, or that my next of kin may suffer as a result of a arising out of any aspect of my use of the Equipment or, as applicable, my taking Crosscountry ski lessons, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREECH OF CONTRACT OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES in respect of the design, manufacture, selection, installation, maintenance or adjustment of the Equipment, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as of the use of the Equipment.
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any loss, damage, injury or expense to any third party, resulting from the use of the Equipment or provision of Cross Country Ski lessons;
- 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 shall be governed by and interpreted in accordance with the laws of the province of British Columbia.
- Any litigation involving the parties to this Agreement shall be brought within the Province of British Columbia.
PERSONAL INFORMATION AND PRIVACY
BY CLICKING I “AGREE” BELOW, I HAVE READ AND UNDERSTAND THIS AGREEMENT 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 AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.