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WAIVER, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
Please Read Carefully
WARNING: BY SIGNING THIS AGREEMENT, YOU GIVE UP THE RIGHT TO SUE FOR ANY INJURY OR DAMAGES HOWSOEVER CAUSED
To: Kootenay Wilderness Tours Ltd. and Cross River Corporation Inc. (hereinafter referred to collectively as “KWT and CRC”) and employees, guides, staff, representatives, officers, directors, and agents (hereinafter referred to collectively as “Employees”).
I,_____________________________________________ (print) hereby sign this agreement on behalf of myself, next of Kin, executors, my personal representatives, heirs and assigns.
1. I agree as a precondition to my participation in a hiking, backpacking, canoeing, kayaking, rafting, and/or wilderness activity, organized by “KWT and CRC” and/or the “Employees”, and in further consideration of “KWT and CRC” allowing me to do so, to be strictly bound by the terms of this Waiver, Assumption of Risk and Indemnity Agreement (hereinafter referred to as “This Agreement”).
2. I acknowledge that hiking, backpacking, canoeing, kayaking, rafting and/or other wilderness activities involve INHERENT RISKS that may cause SERIOUS INJURY and POSSIBLY DEATH TO PARTICIPANTS. I further recognize that back country hiking, backpacking, canoeing, kayaking, rafting, and/or other wilderness activities in Mountain areas involves ADDITIONAL RISKS AND DANGERS.
3. I fully understand the risks and dangers associated with my participation in these hiking, backpacking, canoeing, kayaking, rafting, and/or other wilderness activities and OWN and ACCEPT the SAME ENTIRELY AT MY RISK.
4. I also understood that I am responsible for the review of and the obtaining of any necessary personal insurance I may require including but not limited to, medical, property loss and/or damage, trip cancellation, emergency rescue and/or evacuation. I will be responsible for all costs and expenses incurred with or without personal insurance coverage. It is further understood that some activities are designed to be in remote areas where communication is difficult and medical treatment and rescue will not be available.
5. I hereby WAIVE ANY AND ALL CLAIMS which I may have against “KWT and CRC” and their “Employees” and RELEASE “KWT and CRC” and their “Employees” from ALL LIABILITY for injury, death, property damage or any other loss sustained by me as a result of my participation in the hiking, backpacking, canoeing, kayaking, rafting, and/or wilderness activities, DUE TO ANY CAUSE WHATSOEVER including, without limitation, negligence on the part of “KWT and CRC” and their “Employees”. I further AGREE TO INDEMNIFY “KWT and CRC” and their “Employees” for any and all legal fees(on a solicitor and his own client basis) or costs which may be incurred in defending any lawsuit or claim I may bring against them.
6. I appreciate that This Agreement applies whether “KWT and CRC” is at fault or not and it limits the liability of their “Employees” to the same extent as it limits the liability of “KWT and CRC” even though their “Employees” are not formal parties to “This Agreement”.
I HAVE READ AND UNDERSTAND THIS AGREEMENT PRIOR TO SIGNING IT. I UNDERSTAND THAT THIS DOCUMENT CONTAINS A PROMISE NOT TO SUE KOOTENAY WILDERNESS TOURS LTD. , CROSS RIVER CORPORATION INC., OR THEIR EMPLOYEES AND A RELEASE AND INDEMNITY FOR ALL CLAIMS. I AM OF THE LEGAL AGE OF MAJORITY.
Date: ___________/__________/__________
Address: __________________________________________________________________________
City: __________________ Country: _____________ Postal/Zip Code: __________
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Signature of Participant Witness
________________________________________ _________________________________
Signature of Parent or Guardian Witness
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