For booking please e-mail info@cmhinc.com or call 1-800-661-0252.
Canadian Mountain Holidays
217 Bear St.
Box 1660, Banff, Alberta
Canada T1L IJ6
Phone: (403) 762-7100
Fax: (403) 762-5879
info@cmhinc.com
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This is a sample only. Our reservations department will forward our
Application and Waiver for you to sign once you have booked your trip.
CMH HIKING, MOUNTAINEERING, AND ADVENTURE WAIVER
WARNING: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS. READ IT CAREFULLY!
In consideration of CMH (as defined below) accepting my application for
and permitting me to participate in a helicopter hiking and/or mountaineering
trip and/or other summer experience (collectively referred to below as
a "CMH Heli-Hiking or Heli-Mountaineering Trip") on lands owned
by or under the control of CMH or the Province (as defined below) or elsewhere,
the following waiver of all claims, release from all liability, assumption
of all risks, agreement not to sue and other terms of this agreement ("CMH
Hiking, Mountaineering and Adventure Waiver") are entered into by
me with and for the benefit of:
Canadian Mountain Holidays Inc.,
Alpine Helicopters Ltd.
TAUCK INC.
D.B.A. TAUCK
WORLD DISCOVERY
and their affiliates and subsidiaries (collectively, "CMH")
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Her Majesty the Queen in Right of British Columbia
("Province")
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the "Personnel" (as defined below). |
I waive any and all claims that I have or may in the future have against,
and release from all liability and agree not to sue, CMH, the Province
and any of their shareholders, directors, officers, employees, servants,
hiking and mountaineering guides, helicopter pilots, helicopter maintenance
personnel, agents, contractors, suppliers and representatives (collectively,
the Personnel) for any personal injury, death, property damage
or other loss that I sustain during or as a result of any CMH Hiking or
Mountaineering Trip due to any cause whatsoever on the part of any one
or more of CMH, the Province, the Personnel or others, including:
(a) negligence (the meaning of which includes failure to use
such care as a reasonably prudent and careful person would use under
similar circumstances and failure to meet standards of care in the hiking,
mountaineering and/or adventure industry in the Province of British Columbia
for the safety of hikers, mountaineers and adventurers);
(b) breach of any other duty imposed by law, including any duty
imposed by occupiers liability or other legislation;
(c) breach of any contract; and
(d) mistakes or errors in judgment of any kind.
I am aware of the risks inherent in hiking and mountaineering and I am
aware that helicopter hiking and mountaineering has certain additional
dangers and risks, including:
AVALANCHES, ROCK FALL OR ICE FALL: which can frequently occur
in the mountain terrain used for hiking and mountaineering and may be caused
by natural forces including steepness of slopes, snow or ice depth, instability
of the snowpack or rock or glacier, or changing weather conditions, or
by climbers or hikers, or by aircraft or helicopter or the failure for
any reason of CMH or its staff to predict whether the terrain is safe for
hiking and mountaineering or where or when an avalanche, rock fall or ice
fall may or may not occur;
MOUNTAINOUS AND STEEP TERRAIN: where a fall, whether roped
or unroped, may cause injury or death. In addition, the mountainous areas
used for hiking and mountaineering have areas and steep slopes which in
their natural state have many dangerous obstacles and hazards which may
be hidden or covered by snow. Some of these obstacles and hazards include
glacier crevasses, ice and snow cornices, tree wells, tree stumps, creeks,
rocks and boulders, forest deadfall, holes and depressions, and varying
and difficult snow and climbing conditions. These mountainous areas may
also have dangerous man-made obstacles and hazards which may include logging
and other roads, steep road banks, fences and other structures. The areas
used for hiking and mountaineering may not have been travelled previously
and are not regularly patrolled or examined. Because of forested areas,
wild and rugged terrain or bad weather, hikers and mountaineers may become
lost or separated from their guides or companions. Communication in this
mountain terrain is always difficult and, in the event of an accident,
rescue and medical treatment may not be available;
AIRCRAFT AND HELICOPTER TRAVEL: additional risks are posed
by aircraft and helicopter travel in mountainous areas and in changeable
weather conditions;
EQUIPMENT: equipment used for hiking and mountaineering may
fail. The equipment used in hiking and mountaineering may include, but
is not limited to, ropes, helmets, harnesses, climbing protection, ice
tools, skis, boots, ski poles, and avalanche transceivers. This equipment
may be provided by CMH, its guides, or other hikers and climbers or it
may be affixed to the mountain or trail;
WEATHER: weather conditions may be extreme and can change
rapidly without warning;
ALTITUDE: the altitude of areas used for hiking and mountaineering
may cause illness or death;
WILD ANIMALS: which are unpredictable in nature and may attack
mountain travellers;
Watercraft: I am aware of the risks of the use of any watercraft
for transport or adventure. The risks may include, but are not limited
to, frigid water, unpredictable currents, submerged rocks and rock outcroppings,
fallen trees, waterfalls, sinking, capsizing, swamping, uncontrolled drifting,
and collisions with other craft or obstacles. I acknowledge that there
is a significant risk of injury or death from these hazards, including
by drowning or from hypothermia or delay in rescue.
LAKE AND FLY FISHING: I am aware that fishing in fast flowing
rivers and streams, large and small lakes, either by wading or in boats
or floatation equipment, can have unforeseen dangers and hazards including
slipping and falling on rocks beneath the surface or being swept away in
rapids or fast moving water; and I also am aware of the risk of drowning
if I become submerged while wearing fishing waders.
TRANSPORTATION TO AND FROM AREAS: I am aware of the risks
associated with transport through mountainous areas including rapidly changing
road and highway conditions and the risks of using aircraft, motor coaches,
vans and taxis which may or may not be owned and/or operated by CMH.
CMH, ITS STAFF AND OTHER HIKERS AND MOUNTAINEERS: the conduct,
including negligence, of CMH, its staff including its guides and of all
other hikers and mountaineers whether they are associated with CMH or independent
hikers or mountaineers.
I assume and accept all the risks and dangers of hiking and mountaineering
and the possibility of personal injury, death, property damage or other
loss as a result. I agree that, although CMH and the Personnel may take
precautions to reduce the risks and increase the safety of hiking and mountaineering
and to determine whether a particular mountain is safe from the risk of
avalanche or other hazards, it is not possible for CMH or the Personnel
to make hiking and mountaineering completely safe or to predict with complete
assurance whether the terrain is safe. I willingly accept these risks and
agree to the terms of this CMH Hiking, Mountaineering and Adventure Waiver
even if CMH or any of the Personnel are found in law to be negligent or
in breach of a duty of care or any other obligation to me in their conduct
of any CMH Hiking or Mountaineering Trip.
I am aware that the enjoyment and excitement of hiking and mountaineering
is derived in part from walking or climbing in wild, rugged, uncontrolled
environments and is contributed to by the inherent risks of hiking and
mountaineering.
In signing this CMH Hiking, Mountaineering and Adventure Waiver, I am not
relying on any oral, written or visual statements of any kind, including
promotional statements made by CMH in the CMH Mountaineering or Heli-Hiking
brochures or other brochures or by any of the Personnel or by the Province
to induce me to go on a CMH Hiking or Mountaineering Trip.
I confirm that I am of the full age of nineteen years, that I have had
sufficient time to read and understand what I am agreeing to in this CMH
Hiking, Mountaineering and Adventure Waiver before signing it and that
it will be binding upon my heirs, next of kin, executors, administrators
and successors.
I agree that the CMH Hiking, Mountaineering and Adventure Waiver and the
agreements it contains will be governed exclusively in all respects by
and interpreted solely in accordance with the laws of the Province of British
Columbia. I hereby irrevocably submit to the exclusive jurisdiction of
the courts of the Province of British Columbia and I agree that no other
courts can exercise jurisdiction over the agreements and claims referred
to herein. Any litigation pertaining to this agreement or arising out of
my CMH Heli-Hiking, Heli-Mountaineering and/or other summer experience
shall be instituted in British Columbia and nowhere else.
I agree that the terms helicopter mountaineering Heli-Mountaineering and mountaineering Helicopter
Hiking, Heli-Hiking, and Hiking herein include,
walking, scrambling, rock climbing, ice climbing, skiing and other similar
activities and the terms mountaineer and hiker includes, walker
scrambler, rock climber, ice climber and skier.
THIS AGREEMENT RELEASES CMH, TAUCK, THE PROVINCE AND ALPINE HELICOPTERS
FROM LIABILITYPLEASE READ IT CAREFULLY.
| Signed and witnessed this ______________
day of _____________________, year ______ |
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Signature of Witness
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Signature of Applicant
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Print Name of Witness
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Print Name of Applicant
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Print Address of Witness
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City State / Prov. Postal / Zip
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