Rentals

RELEASE OF LIABILITY, WAIVER OF CLAIMS,

ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

(hereinafter referred to as the “Release Agreement”)

BY SIGNING 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 OCCUPIERS’ LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT 

PLEASE READ CAREFULLY!
HELMETS ARE STRONGLY RECOMMENDED
TO: BANFF SKI SCHOOL LTD DBA SKI BIG 3; SKI BANFF-LAKE LOUISE-SUNSHINE, A JOINT VENTURE OF SUNSHINE VILLAGE CORPORATION, THE LAKE LOUISE SKI AREA LTD, THE LAKE LOUISE SKI RESORT LTD AND NORQUAY MYSTIC RIDGE LTD; SUNSHINE VILLAGE CORPORATION; THE LAKE LOUISE SKI AREA LTD; THE LAKE LOUISE SKI RESORT LTD; NORQUAY MYSTIC RIDGE LTD; RESORTS OF THE CANADIAN ROCKIES INC. (DBA) “FERNIE ALPINE RESORT”, “KIMBERLEY ALPINE RESORT” AND “NAKISKA RESORT”; AND ROCKY MOUNTAIN SKIING INC (DBA) “SKI MARMOT BASIN”; AND ALL ASSOCIATED, AFFILIATED AND SUBSIDIARY  COMPANIES OF ANY OF THE FOREGOING, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, INSTRUCTORS, GUIDES, AGENTS, REPRESENTATIVES, INDEPENDENT CONTRACTORS, SUBCONTRACTORS, SUPPLIERS, HOSTS, VOLUNTEERS, SPONSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED AS THE “RELEASEES”)

RENTAL AGREEMENT
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.
I am familiar with the proper use of the Equipment.  I understand that the rental technicians are able to answer questions I may have as to the proper use of the Equipment.

[DOWNHILL SKI EQUIPMENT ONLY] I have made no misrepresentation in regard to my height, weight, age or skier type.  (This information is required in order to properly adjust the ski boot/binding settings).  I agree to verify that the settings appearing in the visual indicator windows on the bindings correspond with the settings to be recorded on this form.
I agree to return the Equipment in clean condition to avoid any additional charges.
Equipment not returned by 10:00 am the next day will be charged for an additional day.
I understand I am responsible for any lost or stolen equipment, and that I am responsible for the equipment until it has been received and inspected by the Banff Adventure Hub.
I understand the equipment I leave with must be the equipment I return.
I understand that my credit card may be used as payment for overdue, lost, stolen, or damaged equipment.

EQUIPMENT DAMAGE WAIVER: NOT INSURED AGAINST LOSS OR THEFT 
If accepted, the Banff Adventure Hub will absorb the cost of repairing any equipment damaged during normal use. I understand I am still responsible for the full value of any lost, misplaced, or stolen equipment regardless of fault. I am still responsible for the full value if the equipment is damaged due to negligence.

ASSUMPTION OF RISKS
I am aware that skiing, snowboarding and snowshoeing involve risks, dangers and hazards and that injuries are a common and ordinary occurrence in these sports.

ALPINE SKIING I understand that the ski boot/binding system may not release during every fall or may release unexpectedly.  The ski boot/binding system is no guarantee that the user will not be injured.
SNOWBOARDING/ SNOWSHOEING I understand that the boot/binding system is not designed or intended to release and will not release under normal circumstances.  I understand that as the boot/binding system is a non-release system, this system will not reduce the risk of injury during a fall and will increase the risk of not surviving an avalanche.

HELMETS I understand that a helmet designed for RECREATIONAL SNOW SPORTS may reduce the risk of some types of head injuries. I recognize that serious injuries or death can result from both low and high energy impacts, even when a helmet is worn.

I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE USE OF THE EQUIPMENT.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the rental of the Equipment, I hereby agree as follows:

I AGREE TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE THE RELEASEES from any and all liability for any damage, expense or injury (including death) that I may suffer, or that my next of kin may suffer, resulting from or arising out of any aspect of my use of the Equipment or my presence on the Premises, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF STATUTORY DUTY OF CARE, INCLUDING ANY DUTY OWED UNDER THE OCCUPIERS’ LIABILITY ACT, RSA 2000, c O-4, in respect of the design, manufacture, installation, maintenance, selection or adjustment of the Equipment, or in respect of the provision of or the failure to provide any warnings, directions or instructions as to the use of the Equipment or the risks, dangers and hazards of skiing, snowboarding and snowshoeing.

2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to the property of or personal injury to any third party, resulting from my use of the Equipment;

3. This Release 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;

4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of Alberta and no other jurisdiction; and

5. Any litigation involving the parties to this Release Agreement shall be brought solely within Alberta and shall be within the exclusive jurisdiction of the Courts of Alberta.

I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS THAT I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.