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IMPORTANT:
The following waiver is a SAMPLE COPY ONLY and Heli Canada Adventures
reserves the right to edit or make changes to the official waiver that all
participants in our courses or programs are required to sign before
participation.
If you would like to print this waiver,
please download the PDF
version.
SNOTECH SERVICES INC. and Heli Canada Adventures
PARTICIPANT AGREEMENT, RELEASE, AND ACKNOWLEDGMENT OF RISK
In consideration of the services of Snotech Services, Inc. dba Heli Canada
Adventures, their agents, owners, officers, volunteers, participants,
employees, and all other persons or entities acting in any capacity on
their behalf (hereinafter collectively referred to as "HCA"), I
hereby agree to release, indemnify, and discharge HCA, on behalf of
myself, my children, my parents, my heirs, assigns, personal
representative and estate as follows;
1. I acknowledge that my participation in alpine mountaineering,
rock climbing, ski touring, heli-hiking, heli-fishing, heli-backpacking,
heli-alpine mountaineering, heli-rock climbing, heli-picnics, photography
courses, river boat fishing and/or avalanche courses entails known and
unanticipated risks which could result in physical or emotional injury,
paralysis, death, or damage to myself, to property, or to third parties. I
understand that such risks simply cannot be eliminated without
jeopardizing the essential qualities of the activity.
The risks include, among other things: the hazards of walking on
uneven terrain and slips and falls, being struck by rockfall, icefall or
other objects dislodged or thrown from above; the use of climbing ropes
and equipment; the forces of nature, including lightning, weather changes
and avalanche; the risks of falling off the rock, mountain or into a
crevasse; or tree wells, the risks of exposure to insect bites; the risk
of altitude and cold including hypothermia, frostbite, acute mountain
sickness, cerebral and pulmonary edema; my own physical condition, and the
physical exertion associated with this activity. The hazards and risks
of flying in a helicopter include, among other things: crashing. other
objects dislodged or thrown from the helicopter or ground by the rotor
blades, walking into the main rotor blades or tail rotor blades, electric
shock from touching the helicopter in flight, pilot error or helicopter
malfunction, the forces of nature, including lightning, weather changes
and lack of visibility.
Furthermore, HCA guides and pilots have difficult jobs to perform. They
seek safety, but they are not infallible.
2. I expressly agree and promise to accept and assume all of the
risks existing in this activity. My participation in this activity is
purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to
indemnify and hold harmless HCA from any and all claims, demands, or
causes of action, which are in any way connected with my participation in
this activity or my use of HCA's equipment or facilities, including any
such Claims which allege negligent acts or omissions of HCA.
4. Should HCA or anyone acting on their behalf, be required to
incur lawyer's fees and costs to enforce this agreement, I agree to
indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury,
rescue costs or damage I may cause or suffer while participating, or else
I agree to bear the costs of such injury or rescue cost or damage myself.
I further certify that I have no medical or physical conditions which
could interfere with my safety in this activity, or else I am willing to
assume -- and bear the costs of -- all risks that may be created, directly
or indirectly, by any such condition.
6. In the event that I file a lawsuit against HCA, I agree to do so
solely in Revelstoke, in the province of British Columbia, Canada and I
further agree that the substantive law of that province shall apply in
that action without regard to the conflict of law rules of that province.
I agree that if any portion of this agreement is found to be void or
unenforceable, the remaining portions shall remain in full force and
effect.
By signing this document, I acknowledge that if anyone is hurt or
property is damaged during my participation in this activity, I may be
found by a court of law to have waived my right to maintain a lawsuit
against HCA on the basis of any claim from which I have released them
herein.
I have had sufficient opportunity to read this entire document. I have
read and understood it, and I agree to be bound by its terms.
Signature of Participant: _______________________________
Print Name: _______________________________
Address: _________________________________
Phone: _____________________
Date: ______________________
PARENTS OR GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of ______________________(print minor's name)
("Minor") being permitted by HCA to participate in its
activities and to use its equipment and facilities, I further agree to
indemnify and hold harmless HCA from any and all Claims which are brought
by, or on behalf of Minor, and which are in any way connected with such
use or participation by Minor.
Parent or Guardian Signature: ___________________________
Print Name: ____________________________
Date: ______________________
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