PLEASE READ CAREFULLY. THIS RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT IS INTENDED TO ENABLE PARTICIPANTS TO BETTER UNDERSTAND AND ACCEPT THE VARIOUS RISKS INVOLVED WITH PARTICIPATING IN THE AFOREMENTIONED COURSE/EXPEDITION.
ALL PARTICIPANTS WILL BE REQUIRED TO SIGN THIS AGREEMENT AS A CONDITION OF THEIR PARTICIPATION AND THEREBY RELEASING WILDERNESS RESCUE SOLUTIONS AND ALL OTHER RELEASED PARTIES FROM ANY FUTURE CLAIMS WHICH MIGHT ARISE AS A RESULT OF PARTICIPATING IN THE AFOREMENTIONED COURSE/EXPEDITION.
In this Agreement,
“RELEASED PARTIES” means Wilderness Rescue Solutions and its members including but not limited its officers, directors,
employees, assigns, volunteers, agents, representatives, contractors, instructors and participants including other students.
“WRS” refers to the Wilderness Rescue Solutions.
BY ENTERING INTO THIS AGREEMENT, I AM NOT RELYING UPON ANY ORAL OR WRITTEN REPRESENTATIONS OR STATEMENTS MADE BY THE RELEASED PARTIES OTHER THAN WHAT IS STIPULATED IN THIS AGREEMENT.
I, hereby affirm that I understand that my participation on
expeditions and training courses with WRS involves exposure to certain RISKS, DANGERS AND HAZARDS which could result in consequences including PROPERTY DAMAGE OR LOSS, PERSONAL INJURY, AND DEATH.
I also UNDERSTAND AND AGREE that such RISKS, DANGERS and HAZARDS include but are not limited to:
(a) travel and survival in the wilderness;
(b) exposure to elements such as changing weather conditions, varying environmental conditions and varying
wilderness conditions which may result in hypothermia, frostbite, hyperthermia, sunburn, insect bite, etc.;
(c) exposure to wildlife; and
(d) risks associated with the use of specialized equipment and the operation of machinery such as ATVʼs,
snowmobiles, boats, etc.
1. I AFFIRM THAT MY LEVEL OF PHYSICAL FITNESS AND ENDURANCE IS ADEQUATE for my participation on the
expedition or training course;
2. I FURTHER STATE THAT I HAVE COMPLETED; TO THE BEST OF MY KNOWLEDGE, the WRS Confidential Medical History Form and that WRS will rely upon the medical information disclosed therein. I will VERIFY WITH MY PHYSICIAN, if I deem necessary, to ensure that I do not have any physical or psychological problems which could create undue risk to myself or fellow participants on the expedition or training course;
3. I UNDERSTAND THAT I AM RESPONSIBLE for educating myself in all applicable risks, to weigh those risks against the
advantages, and to decide whether or not to participate in the aforementioned course/expedition.
4. I FURTHER UNDERSTAND AND AGREE that the only way I can completely eliminate all risks related to participating in
sanctioned activities is to choose not to participate in them, which I UNDERSTAND I am free to do at any time and for any or no
reason.
5. I UNDERSTAND THAT I HAVE THE OBLIGATION TO COMPLY WITH ALL DIRECTIONS and INSTRUCTIONS set forth
by WRS before and throughout the course/expedition.
6. I UNDERSTAND AND AGREE that the non completion of the course/expedition due to voluntary/compulsory withdrawal, lack
of participation or caused by my physical or mental inability to meet the aforementioned course/expedition requirements will result
in a failure to meet the required criteria for certification.
7. I UNDERSTAND AND AGREE that following a failure to achieve certification requirements for the aforementioned
course/expedition any deposit, travel and or tuition costs are non-refundable. WRS will reserve the right to grant me a second
opportunity in a future course/expedition should an opening be available; however, this is not an obligation on the part of WRS and
each situation will be reviewed on a case by case basis.
8. I UNDERSTAND AND AGREE TO WAIVE ANY AND ALL CLAIMS, ACTIONS, COSTS, EXPENSES AND DEMANDS that
I may have against ALL RELEASED PARTIES.
9. TO RELEASE ALL RELEASED PARTIES from any and all liability for any LOSS, DAMAGE, INJURY, or EXPENSE that I, or
my next of kin, may suffer or incur as a result of my participation on this course/expedition.
10. I FURTHER RELEASE, EXEMPT AND HOLD HARMLESS WRS AND ALL OTHER RELEASED PARTIES from any and all
liability for property damage, personal injury or death suffered by myself or by a third party as a result of my participation on the
expedition or training course.
11. I UNDERSTAND THAT THIS RELEASE AND INDEMNITY AGREEMENT SHALL BE EFFECTIVE AND BINDING upon
my heirs, next of kin, executors, administrators, and assigns, in the event of my death.
12. I FURTHER STATE that I am of lawful age and legally competent to sign this liability release and if I am not that I have acquired
the written consent of my parent or guardian who is of lawful age and legally competent to sign this liability release.
I UNDERSTAND the terms herein are contractually binding and not a mere recital and that I have signed this Agreement of my own
free will and with the knowledge that I hereby agree to waive my legal rights.
I FURTHER AGREE that if any provision of this
Agreement is found to be unenforceable or invalid that that provision shall be severed from this Agreement and that the remainder
of this Agreement will then be construed as though the un-enforceable provision had never been contained herein.
13. I UNDERSTAND AND AGREE that I may be photographed and or filmed during the aforementioned course/expedition and that
media may be used by WRS for promotional and marketing purposes via print or electronic means.
14. I AGREE THAT THE LAWS OF THE PROVINCE OF ONTARIO govern this contract.
I, BY THIS INSTRUMENT AGREE TO RELEASE, EXEMPT
AND HOLD HARMLESS WRS AND ALL OTHER RELEASED PARTIES AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE/LOSS OR WRONGFUL DEATH HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.
I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF THIS LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT BY READING IT BEFORE I SIGNED IT ON BEHALF OF MYSELF AND MY HEIRS.
