RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS and INDEMNITY AGREEMENT (the “Release Agreement”) BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOR INJURY.                                     

PLEASE READ CAREFULLY!

To: North Bench Dog and Pony Club and its officers, directors, employees, volunteers, agents, successors, assigns, insurers, contractors, sponsors, suppliers, representatives and sponsors (collectively, the “RELEASEES”)

ASSUMPTION OF RISKS

I, the undersigned, who is participating in the Activities and taking part in the Activities (as defined below) is referred to in this Release as “Participant”. I understand that all activities related to participating in the Activities which takes place on rugged and often remote terrain and related activities including, but not limited to cross-country skiing, hiking and scrambling, and such ancillary services such as the supply and use of facilities provided by the Releasees, including, transportation and shelter (the “Activities”) CAN BE HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH.

I understand the dangers and risks of the Activities and ASSUME ALL DANGERS AND RISKS. 

I expressly acknowledge and assume all additional risks that may result in property damage, physical injury and/or death that may be inherent to the Activities, as well as those that are above and beyond the inherent dangers and risks of the Activities including, but not limited to:

• Tripping or other accidents as a result of exposed rock, earth, trees, tree wells, tree stumps, forest deadfall, uneven surfaces and other natural objects; steps, bridges and boardwalks; changes or variations in the terrain which may create blind spots or reduced visibility; streams and rivers; cliffs; crevasses; falling rocks; Risks inherent with urban areas, such as those relating to motor vehicle traffic;
• Exposure to weather conditions and other forces of nature including lightening, storms, wind, rain, snow, avalanche, ice, cold, heat, weather changes and changes in water levels any injuries, including those arising from natural forces or from slips and trips; 
• Physical exertion that can cause fatigue, soreness, joint stiffness and blisters; mental distress, dehydration, over-heating or hypothermia;
• Sprains, strains, overstretching, dizziness, injury or aggravation of any injury;
• Becoming lost or separated from marked routes and/or trails or other participants; 
• Encounters with wildlife; 
• Any damages or injury caused as a result of any physical defect in any manufacturer’s products or arising from the improper use of products; 
• The negligence or failure of Participant, other participants or Releasees to act safely, including the failure by the Releasees to take reasonable steps to safeguard or protect Participant from the risks, dangers and hazards of the Activities. 

Participant further acknowledges that communication in the outdoors may be difficult, and in the event of an accident or illness, rescue, medical treatment and evacuation may not be available or may be delayed. Weather conditions may be extreme and can change rapidly and without warning. I UNDERSTAND THAT THE DESCRIPTION OF THE RISKS IN THIS AGREEMENT IS NOT COMPLETE AND VOLUNTARILY CHOOSE TO PARTICIPATE AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF MY PARTICIPATION IN THE ACTIVITIES AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM, WHETHER OR NOT DESCRIBED HERE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE.

RELEASE OF LIABILITY, WAIVER OF CLAIMS, INDEMNITY AGREEMENT, MEDIA RELEASE

In consideration of being permitted by THE RELEASEES to participate in the Activities, I agree as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the RELEASEES and to release the RELEASEES of and from any and all liability for any loss, damage, expense or injury, including death that I may suffer or that my next of kin may suffer as a result of my participation in the Activity DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY DUTY OF CARE INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, RSBC, 1996, C.337 ON THE PART OF THE RELEASEES, AND ALSO INCLUDING ANY FAILURE ON THE PART OF THE RELEASEE’S TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT THE VOLUNTEER FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE; 
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES of and from any and all claims and liability, including all related legal fees and expenses, for any property damage, loss, personal injury or death to any third party, arising from or in any way connected with my participation in the Activities. 
3. Participant understands there will be photographers and/or videographers. Participant agrees and grants permission to Releasees to use any images, video or other content created during the activities of Participant, in their sole discretion, including for marketing purposes, for display on their website and on any social media platform and releases Releasees from any and all claims Participant may have in relation to the use of the images, posts, or claims to royalties. 
4. This Release Agreement and any rights, duties, and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction. 
5. Any litigation, actions, suits or claims against or involving the RELEASEES shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the courts of British Columbia. 
6. This Release Agreement shall be effective and binding upon my spouse, children, parents, heirs, next of kin, executors, administrators, successors, assigs and representatives in the event of my death or incapacity.

I CONFIRM that in entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the RELEASEES, or the lack of such representations or statements with respect to the safety of the Activities. 

I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I, MY HEIRS, NEXT OF KIN, EXECUTORS, ASSIGNS, ADMINISTRATORS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. I CONFIRM I HAVE BEEN GIVEN THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE BEFORE SIGNING THIS WAIVER.