Avalanche Gear Waiver

Avalanche equipment, shovel, probe and beacon rental

Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement. (Here-in-after the "Release Agreement")

PLEASE READ THIS DOCUMENT CAREFULLY AS THIS IS A LEGAL DOCUMENT

WARNING:

BY SIGNING THIS RELEASE AGREEMENT, YOU WILL GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE TO RECOVER COMPENSATION FOR ANY ACCIDENT, INJURY, COVID-19 AND/OR ANY OTHER VIRUS RELATED ILLNESS, LOSS OR DEATH TO YOURSELF OR 'THE MINOR', OR ANY DAMAGE/LOSS TO YOUR AND/OR 'THE MINORS' PROPERTY ARISING OUT OF YOUR OR 'THE MINORS' PRESENCE AT HIGHER GROUND SPORTS RETAIL LOCATION IN GOLDEN BC, OR WHILE USING EQUIPMENT RENTED FROM THE HIGHER GROUND SPORTS RETAIL LOCATION IN GOLDEN, BC.

THIS RELEASE AGREEMENT APPLIES TO - Avalanche equipment, shovel, probe and beacon rental (“the rental equipment”) and is for the protection of Higher Ground & Gear Exchange LTD, d.b.a. Higher Ground Sports and their directors, officers, employees, Instructors, guides, agents, Independent contractors, subcontractors, representatives, equipment manufacturers, equipment distributors, successors and assigns, (all of whom are hereinafter collectively referred to as “THE RELEASEES”).

AVALANCHE GEAR RENTAL AND ASSOCIATED EQUIPMENT - I acknowledge and agree that in consideration of renting shovels, probes, beacons, backpacks and other related equipment, I ACCEPT THE RENTAL EQUIPMENT “AS IS”. I accept full responsibility for the rental equipment. I agree to pay for any damage and replace the rental equipment at full retail value if not returned by the agreed date and time. I AGREE TO PAY FOR ANY REPAIRS IN THE EVENT THE RENTAL EQUIPMENT IS DAMAGED BEYOND NORMAL WEAR AND TEAR.

ASSUMPTION OF RISKS - Injuries are a common and expected part of all types of backcountry access, splitboarding, hiking, ski-touring, slack-country, heli-sking, cat-skiing, travelling to and from the trails/usuable terrain, loading equipment onto all trpes of vehicles, testing out equipment prior to using the back-country, and travelling in the back-country in all weather conditions, such as snow, ice, rain (hereafter collectively as "Back-country Activities"). Back-country Activities takes place on steep and rugged terrain and has features that are both physically and technically challenging and will expose the rider to many risks, dangers and hazards including but not limited to: unfamiliarity and improperly trained user, mechanical/electronical failure of equipment, Improperly adjusted, updated or maintained equipment, variation or steepness in terrain, Inability to control speed and direction whilst using equipmet, loss of balance, collisions with manmade and natural objects including trees and rocks, collision with vehicles, or other persons, encounters with dogs or wild animals 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 AND/OR 'THE MINOR' FROM THE RISKS, DANGERS AND HAZARDS OF BACK-COUNTRY ACTIVITIES.

RELEASE AGREEMENT - In consideration of the rental equipment, I hereby agree as follows:

TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of or personal injury to any third party, resulting from my use of the rental equipment and to provide compensation against all claims as a result of my and/or 'the minors' in any of the Back-country activities at Higher Ground Sports retail location and in/or around the town of Golden, BC or wherever the rental equipment is used. I agree to pay for all legal fee's that are incurred as a result of any claims made by me or on my behalf, or on 'the minors' behalf, or that are otherwise related to or caused by my and/or 'the minors' actions or inactions.
This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in the event of my death or incapacity.
If any portion of this release agreement is held invalid, I agree the the remainder of the release agreement shall remain in full legal force and effect.
This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British-Columbia.
Any litigation involving the parties to this Agreement shall be brought solely within the exclusive jurisdiction of the Courts of the Province of British-Columbia.

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

I AGREE

I acknowledge that all types of Back-country activities are dangerous and hazardous activities, that are both physically and technically challenging and that require varying degrees of skill and experience, training, certification and familiarity, to manage the variety of surfaces/terrain/features that you will experience. I understand that I should not experience back-country travel without prior knowledge, training, experience or alone. I understand that serious bodily injury and damage to the rental equipment is a common and expected part of Back-country activities. I understand that the risks associated with riding activities include, but are not limited to;

All manner of injury, included but not limited to avalanche encounters, entrapment, hypothermia, getting lost, bruises, scrapes, cuts, sprains, strains, dislocations, broken-bones, and head, facial or dental injuries, resulting from impacting against any rocks, trees, side-walks, vehicles, other persons, jumps, bridges, inclines, declines, man-made or natural features, or any such structure or devices, or death arising from participation in Back-country activities;
Injuries, death, or damage to rental equipment resulting from the actions or omissions from others, including those of a lesser or greater degree of skill than i and/or 'the minor' or those with no experience or skill at all; and
Injuries, death or damage to the property resulting in simply being present at Higher Ground Sports retail location Golden, BC.

I acknowledge that the above list is not inclusive of all possible risks associated with Back-country activities and in no way limits the extent or reach of this assumption of risk, release of liability or indemnification. I understand that no amount of care, caution, instruction or expertise can eliminate the inherent danger of Back-country activities. I freely accept and fully assume any and all risks of loss, damage, and injury, known and unknown, even if arising from negligance on the part of the releasees.

If executing this release agreement on behalf of 'the minor', I acknowledge and agree that 'the minors' involvement in Back-country activities has inherent dangers including but not limited to the risks listed above, and that i have read and/or explained to 'the minor', as soon as reasonably possible, the above risks and the importance of safety, and initialled this section of bahalf of the minor. I freely accept and fully assume on behalf of 'the minor' any and all risks of loss, damage and injury, known and unknown, even if arising from negligance on the part of the releasees.

I agree that the releasees are not responsible in the event of loss, damage, unauthorized use, theft, or injury resulting from and/to any personal property that I and/or 'the minor' bring onto the premises of Higher Ground Sports retail location in Golden, BC.

I AGREE

I understand that visting Higher Ground Sports retail location in Golden, BC and using rental equipment could result in dangerous infection with the Covid-19 virus and any other transmittable illnesses, whether caused by negligance of the releasees or otherwise, which can result in respiratory problems, organ failure, permanent physical or mental disability, or death.

I agree that I and/or 'the minor' will not visit Higher Ground Sports retail location in Golden BC, if;

I and/or 'the minor' are experiencing or have experience in the prior 14 days, flu-like symptoms, or symptoms or any transmissable viral or bacterial infection or disease; or
To the best of my knowledge and awareness I and/or 'the minor' have not been in caontact in the prior 14 days to visiting Higher Ground Sports location, any persons diagnosed with the Covid-19 virus.

I and/or 'the minor' will not visit the Higher Ground Sports retail location or participate in riding activities if I and/or 'the minor' have been advised by any medical authority, any government agency, and my and/or 'the minors' doctor to self isolate due to possible exposure to the Covid-19 virus. I acknowledge other persons maybe carrying the Covid-19 virus or other transmittable illnesses, or have just recovered from Covid-19, and i acknowledge that I and/or 'the minor' have voluntarily chosen to assume any and all risks that we maybe exposed to when attending Higher Ground Sports retail location to visit/collect and/or use rental equipment which may expose me and/or 'the minor' to such infections.

I AGREE

I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND AM EXECUTING TO THIS RELEASE AGREEMENT FREELY AND VOLUNTARILY ON MY OWN BEHALF AND/OR THAT OF 'THE MINOR' WITHOUT ANY COMPULSION ON THE PART OF THE RELEASEES. I UNDERSTAND THAT THIS RELEASE AGREEMENT CONTAINS A PROMISE NOT TO SUE THE RELEASEES AND PROVIDES FOR A RELEASE AND INDEMNITY FOR ALL CLAIMS. THE RELEASE AGREEMENT SUPERSEDES AND REPLACES AND PRIOR RELEASE(S) OF CLAIMS/ WAIVER OF LIABILITIES.

Intending to be legally bound, i have signed this release agreement on April 23, 2024.

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Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

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By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

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