RELEASE OF ALL CLAIMS, WAIVER OF LIABILITY AND ACCEPTANCE OF INHERENT RISKS
WARNING: By signing this document you give up your right to bring court action to recover compensation for any injury to yourself or your property or for the death arising out of your participation in this outdoor activity.
ASSUMPTION OF RISK:I am aware that the sport of Dogsledding has inherent risks. The nature and extent of these risks include, but are not limited to:
AVALANCHES: Any injury or death resulting from an avalanche; which may occur in the mountain terrain used for dogsledding.
TERRAIN: Any manner or injury resulting from falls on bridges, cliffs, creeks, and icy or uneven terrain.
WEATHER: Any injury or illness resulting from the elements such as but not limited to frostbite, exposure, hypothermia, etc.
WILD AND DOMESTIC ANIMALS: Including curious or aggressive wildlife: moose, bears,rodents, birds, Giardia parasite, or other non-domestic animals or parasites, as well as injury incurred by our dogs behavior, dog bites, our dogs in general, and other domestic animals.
EQUIPMENT: Any manner or injury resulting from use, misuse, non-use and failure of any equipment.
THE OPERATOR AND OTHER PARTICIPANTS: the conduct, including negligence of the operator and of other participants. This includes Dogsledding under the control of guides, whose advice and direction may differ from Dogsledding practices elsewhere.
HAZARDS OF TRAVEL: There is a possibility of sudden impact terrain features that can result in bodily injury or death. Injury may be caused by but not limited to:Making contact with trees rocks obstructions and other participants, visible or non-visible.
RELEASE AND WAIVER OF LIABILITY
In consideration of my participation in DOGSLEDDING, as offered by Amanda Sinclair carrying on business as ColdFire Creek Dogsledding and the said ColdFire Creek Dogsledding (the “Operator”), I acknowledge the following:
On behalf of myself, my heirs, executors, successors, administrators, assigns, and whomever else may have an interest either at common law or by operation of statute, I hereby waive any and all claims I or such parties may have now and in the future, and release from all liability and agree not to sue the Operator, their officers, directors, employees, representatives, for any and all personal injury, death, property damage or loss sustained by me as a result of my participation in dogsledding with the Operator due to any cause whatsoever, including, without limitation, negligence on the part of the Operator. For the purpose of this agreement, “Dogsled trip” shall extend from the time of my initial arrival to the Small River Staging Area to my final departure there from.
In the context of this agreement and without limiting the generality of the term, negligence shall include any act or omission relating to guiding , practice of dogsledding, prediction of avalanche danger, prediction or weather conditions, or any other conditions or factors that may amount to a departure to the standard of care which a person of common prudence usually takes of his own concerns having regard for the activity of dogsledding.
I confirm that I am of the full age of nineteen (19) years and that I have carefully read and understand this Agreement prior to signing it and agree that this Agreement will be binding upon my heirs, next of kin, executors, administrators, and successors. I also enter into this Agreement of my own free will and volition.