SUMMER EQUIPMENT RENTAL RELEASE OF LIABILITY WAIVER
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”)
- 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.
- I agree to return the Equipment in clean condition to avoid any additional charges.
- Equipment not returned by the agreed date will be charged at full retail value.
- 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 biking, inflatable stand-up paddle boarding, inflatable kayaking and use of bear spray and hiking poles involve risks, dangers and hazards and that injuries are a common and ordinary occurrence in these sports.
I have been advised to wear an approved helmet while biking. Helmets are mandatory in Banff National Park. I understand that a helmet designed for RECREATIONAL BIKING 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.
BIKE RENTAL – ASSUMPTION OF RISKS
Injuries are a common and expected part of biking. Biking can take place on steep and rugged terrain and features that are both physically and technically challenging and will expose the rider to many risks, dangers and hazards including but not limited to: mechanical failure of bicycles; improperly adjusted or maintained equipment; variation or steepness in terrain; inability to control speed and direction; loss of balance; collisions with manmade and natural objects including trees and rocks; collision with vehicles, cyclists or other persons and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO PROTECT OR SAFEGUARD ME FROM THE RISKS, DANGERS AND HAZARDS OF BIKING.
INFLATABLE STAND UP PADDLEBOARD & INFLATABLE KAYAK SAFETY
I have been advised to wear an approved personal floatation device while paddle boarding and/or kayaking. I am familiar with the proper use of the rental equipment, including how to self-rescue, and of the environment including currents and weather effects. I acknowledge that I am a competent swimmer.
INFLATABLE STAND UP PADDLEBOARD & INFLATABLE KAYAK RENTAL – ASSUMPTION OF RISKS
I am aware that stand up paddleboarding and/or kayaking and the rental of paddleboarding and/or kayaking equipment involves many risks, dangers and hazards including, but not limited to: accidents which occur during transportation or travel to and from the put in; slips and falls while getting onto or off of the SUPs or kayaks; overturning of the SUPs or kayaks; loss of balance; impact, collision with or entrapment by trees, logs, deadfall, boats or equipment; hypothermia; drowning, changing and inclement weather conditions including storms, high wind, high waves, and lightning; encounters with domestic or wild animals; mechanical failure of the equipment, negligence on the part of other participants and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO PROTECT OR SAFEGUARD ME FROM THE RISKS, DANGERS AND HAZARDS OF STAND UP PADDLEBOARDING AND/OR KAYAKING.
BEAR SPRAY SAFETY
Bear repellant products should not be rented to individuals under the age of 18, or to individuals not willing to complete this form. Bear Repellent products are registered under the Pest Control Products Act; it is illegal to use a pest control product without following label directions.
Capsaicin sprays have proven effective in repelling aggressive bears only when sprayed directly in the eyes and nose, and should be used only as a last resort. Capsaicin sprays will not repel bears from treated objects or areas, and may result in increased investigation of sites by bears. Canisters should not be test fired in areas inhabited by bears. If a canister has been test fired, all residues of the spray should be washed from the canister nozzle and cap with soap and water before being transported to areas inhabited by bears. In no event should the rental equipment be sprayed at any person. The sole appropriate use for the rental equipment is in response to a direct confrontation with an aggressive bear. It is illegal to use the rental equipment without following label directions.
The rental equipment is rented without warranty expressed or implied. No warranty or representation is made as to the ability of the rental equipment to protect the renter from injury or death. There is no guaranteed method of responding to a bear attack; each encounter is unique.
BEAR SPRAY RENTAL – ASSUMPTION OF RISKS
Entering into an area populated by bears will expose the renter to many risks, dangers and hazards including but not limited to: bear attacks; confrontations with bears; investigation of areas by bears; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO PROTECT OR SAFEGUARD ME FROM THE RISKS, DANGERS AND HAZARDS OF USING BEAR SPRAY.
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 biking, inflatable stand-up paddle boarding, inflatable kayaking and use of bear spray and hiking poles.
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.