Waiver
ASSUMPTION
OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
FOR THE ARCTIC CHALET LTD.
Thank
you for choosing to join one of our dogsledding tours. We are proud of
our efforts to promote the safety and enjoyment of our clients. Before
you participate, you should know and appreciate the hazards which are
inherent in taking part in a dog team activity. By signing this statement,
you acknowledge these hazards and accept responsibility for your own welfare.
By signing this statement you also acknowledge that you are participating
in this activity as a result of your own freely made and fully informed
decision and acknowledge that you are not aware of any medical conditions
which should prevent you from taking part in this activity.
ASSUMPTION
OF RISKS BY PARTICIPANT
By
signing this Agreement, I acknowledge that I am aware that participating
in this activity involves accepting the inherent and other risks, dangers
and hazards associated with the activity, including, but not limited to:
- problems relating to the use of the dogs;
-
weather related hazards which may prevent a return to the lodge at the
scheduled time, and may include exposure to cold temperatures and snow;
-
acts, omissions or negligence of the Arctic Chalet or other persons;
-
my own conduct or negligence, as well as the conduct or negligence of
other participants;
-
contact with bushes, trees and animals; and
-
conditions of the roads, trails and other terrain.
-
problems resulting from the use of the equipment;
By
signing this Agreement I agree to assume these risks and the consequences
that may flow from them (which may include sickness, injury and death).
RELEASE
OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In
consideration of the Arctic Chalet allowing me to participate in this
activity, and agreeing to provide equipment, facilities and the services
of its agents, employees or other people, I agree as follows:
- TO RELEASE the Arctic Chalet from any and all liability for any loss,
damage, expense or injury (including death) that I may suffer, or that
my next of kin may suffer, as a result of my participation in this activity,
due to any cause whatsoever, including, without limitation, breach of
contract, or breach of any statutory or other duty of care on the part
of the Arctic Chalet (including, without limitation, negligence on the
part of the Arctic Chalet). “Negligence” under this Agreement
includes lack of care, attention or diligence on the part of the Arctic
Chalet with respect to my participation in any dogsled activity operated
by the Arctic Chalet.
-
TO WAIVE AND ALL
CLAIMS that I have or may in the future have, however arising, against
the Arctic Chalet with respect to my participation in any dogsled activity
operated by the Arctic Chalet.
-
TO HOLD HARMLESS
AND INDEMNIFY the Arctic Chalet from any and all liability, including
lawyer’s fees (on a solicitor and own client basis) and court costs,
for any property damage or personal injury to any third party, resulting
from my participation in any dogsled activity operated by Arctic Chalet.
-
THAT all of the
terms of this Agreement shall be binding on me, my heirs, administrators,
executors, successors, assigns, next of kin and representatives in the
event of my death or incapacity. In this Agreement the “Arctic Chalet”
means and includes the business operated by Arctic Chalet Ltd. under the
name of Arctic Chalet or Arctic Chalet Dogsledding, together with the
officers, directors, employees and agents of such business from time to
time and all successors and assigns thereof.
-
THAT this Agreement shall be governed in all respects by, and interpreted
in accordance with, the laws of the Northwest Territories.
In
entering into this Agreement, I am not relying on any oral, written or
other representations made by the Arctic Chalet. This Agreement contains
the entire agreement between me and the Arctic Chalet.
I CERTIFY THAT I HAVE
READ THIS DOCUMENT AND FULLY UNDERSTAND ITS CONTENTS. I am not under the
influence of alcohol or drugs that would influence my capacity to participate
in this activity or sign this document.
*NOTE:
THIS COPY IS ONLY FOR YOU TO READ. YOU WILL RECEIVE THE ORIGINAL AND SIGN
THE SIGNATURE PAGE WHEN YOU ARRIVE FOR DOGSLEDDING.