Waiver
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the "Release Agreement")
BY AGREEING TO THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIER’S LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
THIS RELEASE AGREEMENT SHALL APPLY TO ALL FUTURE PARTICIPATION IN OUTDOOR ACTIVITIES
To: the agency Montano Explorer and its respective representatives, managers, freelance guides, employees, members, volunteers, agents, independent contractors and subcontractors , successors, assigns and all persons acting under their authority (all of whom are hereinafter collectively referred to as "the Releasees")
DEFINITION
In this Release Agreement the term "Outdoor Activities" shall include but is not limited to: mountaineering (including glacier travel; rock, snow, ice and mixed; roped and un-roped), climbing (including indoor, rock, ice, alpine, bouldering, sport and mountain); backpacking, hiking, trail running, trekking; backcountry skiing, touring, telemark skiing, snowboarding and snowshoeing; alpine skiing, Nordic or cross-country skiing; cycling, mountain biking; water sports (swimming, kayaking, canoeing, sailing or boating); trail building, clearing and maintenance; building, maintaining and operating backcountry huts; and, all activities, services and use of facilities either provided by or arranged by the Releasees including orientation, instructional sessions or classes, skill development programs and all transportation, travel by or movement around helicopters, other aircraft or other vehicles or watercraft; and, all other activities and services in any way connected with or related to Outdoor Activities.
ASSUMPTION OF RISKS - TERRAIN, WILDERNESS TRAVEL, WEATHER
I am aware that participation in Outdoor Activities involves many risks, dangers and hazards. The terrain used for Outdoor Activities is uncontrolled, unmarked, ungroomed, not inspected, and involves many risks, dangers and hazards. Avalanches, rock, snow or ice falls and mudslides occur frequently in the terrain used for Outdoor Activities and may be caused by natural forces or by persons travelling through the terrain. I am aware that the Releasees may fail to predict whether the terrain or current weather conditions are safe for use or travel, and whether avalanche hazards or other dangers or risks may occur. The risks, dangers and hazards may include but are not limited to: rockfall, icefall, mudslides, avalanches of snow, ice and rock triggered by natural forces, by persons travelling through the terrain or other causes; extreme variations in terrain, including hidden or exposed rocks, boulders, ice, logs, stumps, roots, forest deadfall, tree wells, trees and other objects; falling trees; forest fires; concealed or exposed crevasses, ice bridges or bergschrunds; cornices and cornice falls; cliffs; variable and difficult snow or ice conditions, including unstable snow packs or ice; exposed or concealed holes or depressions on or below the surface or ground cover; still and moving water; lakes, streams, creeks and rivers, including crossings; cold water immersion; entrapment by trees, logs, rocks or equipment; drowning; limited visibility; variable, severe or rapidly changing weather with little or no warning including storms, high winds and lightning; dangerous and unpredictable water conditions, including waves, currents, rapids, white water and waterfalls; hypothermia; snow immersion; frostbite; effects of high altitude, including pulmonary edema and cerebral edema; loss of balance or control and slips, trips or falls, particularly on steep, slippery or difficult terrain and impacts or collisions with other persons, animals, equipment or objects; difficulty or inability to control one's speed and direction; errors of judgment; lack of preparation; inadequate, inappropriate, improperly prepared or adjusted equipment; equipment failure, malfunction or loss; loss or damage to personal property; failure to act safely or within one's ability; encounters with domestic or wild animals; becoming lost, going off route or becoming separated from one's party; negligent first aid; dangerous driving conditions and travel over poor roads; contracting Lyme disease or infectious diseases through viruses, including Covid-19, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; negligence of other persons, including club members, guests and participants or members of the public. Communication in wilderness areas may be difficult, and in the event of an accident or illness, rescue, medical treatment and evacuation may not be available or may be delayed. Mountain weather conditions may be extreme and can change rapidly and without warning.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH OUTDOOR ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM, EXCEPT FOR THOSE CAUSED BY NEGLIGENCE.
NON-SCHEDULED OR EMERGENCY EVACUATION, RESCUE OR FIRST AID
I acknowledge and agree that all expenses associated with non-scheduled or emergency evacuation, rescue or first aid will be my responsibility and will not be covered by the Releasees.
I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. I ACKNOWLEDGE THAT THIS RELEASE AGREEMENT SHALL APPLY TO ALL FUTURE PARTICIPATION IN OUTDOOR ACTIVITIES.
I TAKE THE RESPONSIBILITY TO HAVE INFORMED ALL OTHER PARTY MEMBERS AND HAVE DIRECTED THEM TO SIGN THIS WAIVER.