Warning: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS.
READ IT CAREFULLY BEFORE AGREEING!
In consideration of CHILLIWACK HIKING CLUB (also referred to as HikeChilliwack.com and the Southside Hiking Club) accepting my application for and permitting me to participate in club activities which include but is not limited to backpacking, hiking, ice climbing, mountaineering, scrambling, skating, skiing, ski
mountaineering, snowshoeing, social activities or any combination of these or similar activities (collectively referred to below as a "CHILLIWACK HIKING CLUB Trip or Event"), the following waiver of all claims, release from all liability, assumption of all risks, agreement not to sue and other terms of this agreement ("CHILLIWACK HIKING CLUB Waiver") are entered into by me with and for the benefit of the CHILLIWACK HIKING CLUB and the "CHILLIWACK HIKING CLUB Personnel" (as defined below).
A CHILLIWACK HIKING CLUB Trip or Event: is defined as starting at the trailhead where group assembles to commence the activity and ends when the group arrives at the planned trail end. If the activity is a social activity and not a trip, it is defined to start at the location or locations where the social activities are planned to take place and end when the participant leaves that location or locations. This waiver is not to be construed as a release of a driver of any vehicle with respect to any cause of action that may arise as a result of the operation or use of a motor vehicle.
I, on behalf of myself, my next of kin, my heir, executors, administrators and assigns hereby waive any and all claims that I have or may in the future have against, and release from all liability and agree not to sue, the CHILLIWACK HIKING CLUB, and any of their club members, trip or event organizers, trip or
event leaders, trip or event participants, volunteers, directors, officers, servants, agents, representatives or independent contractors, including any paid instructors or guides, (herein collectively referred to as, the CHILLIWACK HIKING CLUB Personnel") for any personal injury, death, property damage or other
loss that I sustain during or as a result of any CHILLIWACK HIKING CLUB Trip or Event due to any cause whatsoever on the part of any one or more of the CHILLIWACK HIKING CLUB,
the CHILLIWACK HIKING CLUB Personnel or others, including:
(a) negligence (the meaning of which includes failure to use such care as a reasonably prudent and careful person would use under similar circumstances and failure to meet standards of care in the backpacking, climbing, hiking, ice climbing, mountaineering, scrambling, skiing, ski mountaineering, or other similar adventure industry in the Province of British Columbia for the safety of participants);
(b) breach of any other duty imposed by law, including any duty imposed by occupiers liability or other legislation;
(c) breach of any contract; and
(d) mistakes or errors in judgment of any kind.
I am aware of the risks inherent in CHILLIWACK HIKING CLUB Trips or Events, including but not limited to :
AVALANCHES, ROCK FALL OR ICE FALL: which can frequently occur in the mountain terrain used for CHILLIWACK HIKING CLUB Trips or Events and may be
caused by natural forces including steepness of slopes, snow or ice depth, instability of the snowpack or rock or glacier, or changing weather conditions, or by people such as climbers or skiers, or by aircraft or helicopter or the failure for any reason of CHILLIWACK HIKING CLUB or the CHILLIWACK HIKING CLUB Personnel to predict whether the terrain is safe for CHILLIWACK HIKING CLUB Trips or Events or where or when an avalanche, rock fall or ice fall may or may not occur;
MOUNTAINOUS AND STEEP TERRAIN: where a fall, whether roped or unroped, may cause injury or death. In addition, the mountainous areas used for CHILLIWACK HIKING CLUB Trips or Events have areas and steep slopes which in their natural state have many dangerous obstacles and hazards
which may be hidden or covered by snow. Some of these obstacles and hazards include glacier crevasses, ice and snow cornices, tree wells, tree stumps, creeks, rocks and boulders, forest deadfall, holes and depressions, and varying and difficult snow and climbing conditions. These mountainous areas may also have dangerous man-made obstacles and hazards which may include logging and other roads, steep road banks, fences and other structures. The areas used for CHILLIWACK HIKING CLUB Trips or Events may not have been travelled previously and are not regularly patrolled or examined. Because of forested areas, wild and rugged terrain or bad weather, trip participants may become lost or separated from their trip leaders or companions. Communication in this mountainous terrain is always difficult and, in the event of an accident, rescue and medical treatment may not be available;
EQUIPMENT: equipment used for CHILLIWACK HIKING CLUB Trips or Events may fail. The equipment used may include, but is not limited to, ropes, helmets, harnesses, climbing protection, ice tools, skis, boots, ski poles, and avalanche transceivers. This equipment may be provided by the CHILLIWACK HIKING CLUB, the CHILLIWACK HIKING CLUB Personnel, or other participants or other backcountry travellers or it may be affixed to the mountain or trail;
WEATHER: weather conditions may be extreme and can change rapidly without warning and may cause injury or death;
ALTITUDE: the altitude of areas used for CHILLIWACK HIKING CLUB Trips or Events may cause illness or death;
WILD ANIMALS: which are unpredictable in nature and may attack mountain or wilderness travellers;
RIVER OR CREEK CROSSINGS: I am aware that rivers or creeks have many dangerous obstacles and hazards many of which are hidden and cannot easily be foreseen including frigid water, rapids, turbulent currents, whirlpools and undercurrents, submerged rocks and rock outcroppings, fallen trees, ledges, drop-offs and waterfalls; that there is a significant risk of injury or death from these hazards including by
drowning or from hypothermia or delay in rescue;
CHILLIWACK HIKING CLUB, ITS VOLUNTEERS AND OTHER HIKERS, MOUNTAINEERS ETC.: the conduct, including negligence, of CHILLIWACK HIKING CLUB or the Personnel and of all other backpackers, climbers, hikers, mountaineers, scramblers, skiers or snowshoers, whether they are associated with CHILLIWACK HIKING CLUB or not or on independent trips in the same location;
I assume and accept all the risks and dangers inherent in CHILLIWACK HIKING CLUB Trips and Events and the possibility of personal injury, death, property damage or other loss as a result. I agree that, although CHILLIWACK HIKING CLUB and the Personnel may take precautions to reduce the risks and increase the safety of
CHILLIWACK HIKING CLUB trips and to determine whether a particular mountain or other terrain is safe from the risk of avalanche or other hazards, it is not possible for CHILLIWACK HIKING CLUB or the Personnel to make these activities completely safe or to predict with complete assurance whether the terrain or activity is safe. I willingly accept these risks and agree to the terms of this CHILLIWACK HIKING CLUB Waiver and agree to waive my legal rights, even if CHILLIWACK HIKING CLUB or any of the
Personnel are found in law to be negligent or in breach of a duty of care or any other obligation to me in their conduct of any CHILLIWACK HIKING CLUB Trip or Event.
I am aware that the enjoyment and excitement of the activities engaged in on CHILLIWACK HIKING CLUB Trips or Events are derived in part from backpacking, hiking, walking, scrambling, climbing or skiing in wild, rugged, uncontrolled environments and is contributed to by the inherent risks of these
activities.
In agreeing to this CHILLIWACK HIKING CLUB Waiver, I am not relying on any oral, written or visual statements of any kind, including promotional statements made by CHILLIWACK HIKING CLUB in their documents or website or by any of the Personnel to induce me to go on a CHILLIWACK HIKING CLUB Trip or Event.
I agree that the CHILLIWACK HIKING CLUB Waiver and the agreements it contains will be governed exclusively in all respects by and interpreted solely in accordance with the laws of the Province of British Columbia. I hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia and I agree that no other courts can exercise jurisdiction over the agreements and claims referred to herein. Any litigation pertaining to this agreement or arising out of my CHILLIWACK HIKING CLUB Trip or Event shall be instituted in British Columbia and nowhere else.
I confirm that I am of the full age of eighteen years, that I have had sufficient time to read and have read and understood what I am agreeing to in this CHILLIWACK HIKING CLUB Waiver before signing it and that it will be binding upon my heirs, next of kin, executors, administrators and successors.
If this CHILLIWACK HIKING CLUB Waiver is given on behalf of a child under the age of eighteen years of age, I hereby represent and warrant that I am a legal guardian of the said child and a custodial parent of the said child and I am authorized to sign legal documents affecting the rights of the said child. I acknowledge that the CHILLIWACK HIKING CLUB is specifically relying upon these representations in allowing the child to participate in a CHILLIWACK HIKING CLUB Trip or Event. I hereby agree to indemnify the CHILLIWACK HIKING CLUB for any monetary award or settlement and all solicitor and client costs arising out of any legal action brought on behalf of the said child for damages for injuries or losses arising out of the CHILLIWACK HIKING CLUB Trip or Event for which I have signed this CHILLIWACK HIKING CLUB Waiver.
September 1, 2008
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