GRANT MACEWAN MOUNTAIN CLUB WAIVER / ASSUMPTION OF RISK AGREEMENT
Warning: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS.
READ IT CAREFULLY BEFORE SIGNING!
In consideration of Grant MacEwan Mountain Club (hereinafter referred to as the GMMC) accepting my application for and permitting me to participate in club activities which include but is not limited to backpacking, hiking, ice climbing, mountaineering, scrambling, skating, skiing, ski mountaineering, snowshoeing, social activities or any combination of these or similar activities (collectively referred to below as a "GMMC Trip or Event"), the following waiver of all claims, release from all liability, assumption of all risks, agreement not to sue and other terms of this agreement ("GMMC Waiver") are entered into by me with and for the benefit of the GMMC and the "GMMC Personnel" (as defined below).
A GMMC Trip or Event: is defined as starting at the trailhead where group assembles to commence the activity and ends when the group arrives at the planned trail end. If the activity is a social activity and not a trip, it is defined to start at the location or locations where the social activities are planned to take place and end when the participant leaves that location or locations. This waiver is not to be construed as a release of a driver of any vehicle with respect to any cause of action that may arise as a result of the operation or use of a motor vehicle.
I, on behalf of myself, my next of kin, my heir,
executors, administrators and assigns hereby 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, the GMMC, and any of their club
members, trip or event organizers, trip or event leaders, trip or event
participants, volunteers, directors, officers, servants, agents,
representatives or independent contractors, including any paid
instructors or guides, (herein collectively referred to as, the GMMC
Personnel") for any personal injury, death, property damage or other
loss that I sustain during or as a result of any GMMC Trip or Event due
to any cause whatsoever on the part of any one or more of the GMMC, the
GMMC Personnel or
(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 backpacking, climbing, hiking, ice climbing, mountaineering, scrambling, skiing, ski mountaineering, or other similar adventure industry in the Province of Alberta for the safety of participants);
(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 GMMC Trips or Events, including but not limited to :
AVALANCHES, ROCK FALL OR ICE FALL: which can frequently occur in the mountain terrain used for GMMC Trips or Events 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 people such as climbers or skiers, or by aircraft or helicopter or the failure for any reason of GMMC or the GMMC Personnel to predict whether the terrain is safe for GMMC Trips or Events 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 GMMC Trips or Events 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 GMMC Trips or Events may not have been travelled previously and are not regularly patrolled or examined. Because of forested areas, wild and rugged terrain or bad weather, trip participants may become lost or separated from their trip leaders or companions. Communication in this mountainous terrain is always difficult and, in the event of an accident, rescue and medical treatment may not be available;
EQUIPMENT: equipment used for GMMC Trips or Events may fail. The equipment used 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 the GMMC, the GMMC Personnel, or other participants or other backcountry travellers or it may be affixed to the mountain or trail;
WEATHER: weather conditions may be extreme and can change rapidly without warning and may cause injury or death
ALTITUDE: the altitude of areas used for GMMC Trips or Events may cause illness or death;
WILD ANIMALS: which are unpredictable in nature and may attack mountain or wilderness travellers;
RIVER OR CREEK CROSSINGS: I am aware that rivers or creeks have many dangerous obstacles and hazards many of which are hidden and cannot easily be foreseen including frigid water, rapids, turbulent currents, whirlpools and undercurrents, submerged rocks and rock outcroppings, fallen trees, ledges, drop-offs and waterfalls; that there is a significant risk of injury or death from these hazards including by drowning or from hypothermia or delay in rescue;
GMMC, ITS VOLUNTEERS AND OTHER HIKERS, MOUNTAINEERS ETC.: the conduct, including negligence, of GMMC or the Personnel and of all other backpackers, climbers, hikers, mountaineers, scramblers, skiers or snowshoers, whether they are associated with GMMC or not or on independent trips in the same location;
I assume and accept all the risks and dangers inherent in GMMC Trips and Events and the possibility of personal injury, death, property damage or other loss as a result. I agree that, although GMMC and the Personnel may take precautions to reduce the risks and increase the safety of GMMC trips and to determine whether a particular mountain or other terrain is safe from the risk of avalanche or other hazards, it is not possible for GMMC or the Personnel to make these activities completely safe or to predict with complete assurance whether the terrain or activity is safe. I willingly accept these risks and agree to the terms of this GMMC Waiver and agree to waive my legal rights, even if GMMC 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 GMMC Trip or Event.
I am aware that the enjoyment and excitement of the activities engaged in on GMMC Trips or Events are derived in part from backpacking, hiking, walking, scrambling, climbing or skiing in wild, rugged, uncontrolled environments and is contributed to by the inherent risks of these activities.
In signing this GMMC Waiver, I am not relying on any oral, written or visual statements of any kind, including promotional statements made by GMMC in their documents or website or by any of the Personnel to induce me to go on a GMMC Trip or Event.
I agree that the GMMC 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 Alberta. I hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Alberta 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 GMMC Trip or Event shall be instituted in Alberta and nowhere else.
I confirm that I am of the full age of eighteen years, that I have had sufficient time to read and have read and understood what I am agreeing to in this GMMC Waiver before signing it and that it will be binding upon my heirs, next of kin, executors, administrators and successors.
If this GMMC Waiver is given on behalf of a child under the age of eighteen years of age, I hereby represent and warrant that I am a legal guardian of the said child and a custodial parent of the said child and I am authorized to sign legal documents affecting the rights of the said child. I acknowledge that the GMMC is specifically relying upon these representations in allowing the child to participate in a GMMC Trip or Event. I hereby agree to indemnify the GMMC for any monetary award or settlement and all solicitor and client costs arising out of any legal action brought on behalf of the said child for damages for injuries or losses arising out of the GMMC Trip or Event for which I have signed this GMMC Waiver.
SIGNED THIS ______DAY OF ________________________, 20___. Location of Activity: _________________________