RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (the “Agreement”) BY AGREEING TO THESE TERMS, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY.
TO: 5Peaks, the Event Sponsors, the Venue Owners, the Event Alliance members, and their respective directors, officers, employees, agents, servants, coaches, volunteers, independent contractors, subcontractors, successors, assigns, representatives, shareholders, affiliates and subsidiaries (all of whom are referred to as the ”Releasees”). In this Agreement, “5Peaks” means 5Peaks Adventures Ltd.; “Event Sponsors” means the entities listed on the 5Peaks site or event materials or engaged by 5Peaks as event sponsors, and includes any individual, corporation, association, institution, or organization that is associated with a 5Peaks event as an organizer, promoter, sponsor or advertiser; “Venue Owners” means the owners of the location or venue of the event, including any individual, corporation, association, institution, organization, municipality, and/or Her Majesty the Queen in Right of the Province in which the event takes place; “Event Alliance members” means other participant organizations who may provide volunteer services at events or receive donations from 5Peaks in respect of specific events, including the Canadian Ski Patrol, KidSport, Tree Canada or any other non profit organizations or charities associated with the events.
1.ACKNOWLEDGEMENT OF RISKS I acknowledge that cross-country, off-road trail running involves many risks, dangers and hazards, including: man-made and natural features, gravel, roots, branches, exposed rock, earth, ice or snow on or beneath the running surface, trees, tree wells, tree stumps and forest dead fall, and other natural objects, embankments, cutbanks and other terrain variations, changing weather conditions; avalanches; loss of balance or control; streams, creeks, and exposed holes; cliffs; crevasses; collision with other persons; encounters with wildlife; the failure to act safely or within one’s own ability or to stay within designated areas; negligent first aid, negligence of other participants.
2.ASSUMPTION OF RISKS I am aware that participation in the 5Peaks™ Trail Running Series and or related events involves these risks, dangers, and hazards and I fully accept and freely assume all such risks, dangers, and hazards and the possibility of personal injury, property damage, death and/or loss resulting therefrom.
3.RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of 5Peaks accepting my registration, and of participating in one or more events in the 5Peaks™ Trail Running Series, I hereby agree as follows:
a)To waive any and all claims that I have or may have in the future against the Releasees as a result of my participation in any 5Peaks event.
b)To release the Releasees from any and all liability for any loss, damage, expense or injury including death, that I may suffer or my next of kin may suffer as a result of my participation in any 5Peaks event, or use of any 5Peaks activities, facilities or services offered by the Releasees DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE UNDER THE OCCUPIERS LIABILITY ACT IN EFFECT IN THE PROVINCE IN WHICH THE EVENT TAKES PLACE, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES REFERRED TO ABOVE;
c)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 participation in any 5Peaks event, or use of any 5Peaks activities, facilities or services offered by the Releasees.
4. GENERAL TERMS 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 Alberta and no other jurisdiction. Any litigation involving the parties to this Agreement shall be brought solely within the Province of Alberta and shall be within the exclusive jurisdiction of the Courts of the Province of Alberta. This Agreement is effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives in the event of my death or incapacity. In entering into this agreement, I am not relying upon any oral or written representations or statements made by the Releasees other than what is set forth in this Agreement. I hereby authorize the release of any photographs taken of me while attending the event. I allow the organizers of the 5Peaks™ Trail Running Series or any of their photographers to use any images or comments of me in any photographs or film or recordings during the normal course of this event.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT AND I AM AWARE THAT BY ENTERING INTO THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.