DOWNLOAD WAIVER: FINISTERRA WAIVER FORM
RELEASE OF LIABILITY, WAIVER OF CLAIMS
ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
BY SIGNING THIS AGREEMENT YOU WILL WAIVE CERTAIN LEGAL
RIGHTS INCLUDING THE RIGHT TO SUE
FINISTERRA TRAVEL LTD (the OPERATORS) AND ALL TOUR OPERATORS FINISTERRA TRAVEL LTD WORKS WITH, WHO PROVIDE OR MAKE AVAILABLE FACILITIES, PREMISES OR SERVICES FOR THE OPERATORS, and their respective directors, officers, employees, agents, guides, volunteers, independent contractors, representatives, owners, insurers, successors and assigns (hereinafter referred to as the “RELEASEES”).
In this “Agreement” the term Adventure Activities shall include all activities, events, or services provided, arranged, organized, conducted, sponsored, or authorized by the OPERATORS and shall include but are not limited to bungee jumping, canyoneering, caving, cycling, hang-gliding, heli-hiking/heli-skiing, horse riding and other equine related activities, hot air balloon rides, hunting, ice climbing, ice fishing, motorcycling/ATVing, mountain biking, own vehicle in a foreign country, parasailing, professional sports, rock/rope climbing, rappelling, zip lining, scuba diving, skiing and snowboarding, stag and hen parties, white water rafting/activities, working holidays, ranching and lodges, racing, polo playing, trekking, helicopter activities, water skiing, snowmobiling, rodeos, BASE jumping, contact sports, mountaineering, surfing, parachuting, paragliding, cage diving, motor sports (motorcycles, quad bikes, speed boats), travel to and from the tour areas, orientation and instructional courses, seminars and sessions; and other such activities, events and services in any way connected with or related to these activities.
ACKNOWLEDEGMENT – SAFETY
I acknowledge that I am required to wear an approved helmet and other safety equipment while participating in certain Adventure Activities. I am aware that there are guides and instructors available to answer any questions I may have as to the proper use of the equipment. I am aware that the physical exertion required of Adventure Activities and the forces exerted on the body, can activate or aggravate pre-existing injuries, conditions, or congenital defects. I acknowledge that I should seek medical advice if I know or suspect that my physical condition may be incompatible with Adventure Activities.
ASSUMPTION OF RISKS
I am aware that Adventure Activities involve many risks, dangers and hazards including but not limited to; changing weather conditions; falling trees, limbs and ice; falling from platforms, cables and bridges; shock, stress, or other injury to the body; encounters with wildlife; equipment malfunctions; collisions with trees, vans, snow cats; snowmobiles and other vehicles, equipment or structures; collision with other participants or guides; the failure to remain within designated areas; becoming lost or separated from guides or other participants; negligence of other participants or guides; consumption of alcohol; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ADVENTURE ACTIVITIES. I am also aware that these dangers, risks, and hazards exist on terrain that may be uncontrolled, unmarked, and uninspected.
ALCOHOL AND DRUGS – ALCOHOL AND ILLEGAL SUBSTANCES
I acknowledge that the use and/or consumption of alcohol and all illicit drugs and/or street drugs IS PROHIBITED ON ___________OR WHILE ENGAGING IN THE ADENTURE ACTIVITES. If I use, consume or am under the influence of alcohol or illicit and/or street drugs prior to or while engaging in the Adventure Activities or while on the Facilities, as defined below, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY THE RELEASEES OR OTHER THIRD PERSONS AND/OR THIRD PARTIES, I ASSUME AND ACCEPT ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM AND WILL INDEMNIFY THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY DAMAGE TO PROPERTY OR PERSONAL INJURY TO ANY THIRD PARTY, RESULTING FROM MY PRESENCE ON THE FACILITIES AND/OR ENGAGEMENT IN THE ADVENTURE ACTIVITIES, WHILE, DURING OR AFTER CONSUMPTION OF ALCOHOL OR ILLICIT AND/OR STREET DRUGS.
I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH ADVENTURE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, AND LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND INDEMNITY AGREEMENT
In consideration of the RELEASEES allowing me to participate in Adventure Activities and permitting me the use of their property and equipment, where applicable (hereinafter referred to as the “FACILITIES”), and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I now have or may have in the future against THE RELEASEES and 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, resulting from either my use of or my presence on the facilities 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 ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS DANGERS AND HAZARDS OF ADVENTURE ACTIVITIES REFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for damage to property or personal injury to any third party resulting from my use of or presence on the FACILITIES;
3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
4. 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 BRITISH COLUMBIA and no other jurisdiction and;
5. Any litigation involving the parties to this Agreement shall be brought solely within the Province of BRITISH COLUMBIA and shall be within the exclusive jurisdiction of the Courts of the Province of BRITISH COLUMBIA.
6. To consent to having photos or videos taken of me while participating in Adventure Activities and to the publication of the photos or videos by the RELEASEES for advertising, marketing, or promotion purposes.
I AM NOT RELYING UPON ANY ORAL OR WRITTEN REPRESENTATIONS OR STATEMENTS MADE BY THE RELEASEES WITH RESPECT TO THE SAFETY OF ADVENTURE ACTIVITIES OTHER THAN WHAT IS SET FORTH IN THIS AGREEMENT.
I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING 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.
FOR PARTICIPANTS OF MINORITY AGE, I HEREBY CERTIFY THAT I, PARENT/GUARDIAN WITH LEGAL RESPONSIBILITY FOR THIS PARTICIPANT OF MINORITY AGE, DO CONSENT AND AGREE TO HIS/HER RELEASE OF ALL THE RELEASEES, AND FOR MYSELF, MY HEIRS, ASSIGNS, AND NEXT OF KIN, I RELEASE AND AGREE TO INDEMNIFY THE RELEASEES FOR ANY AND ALL LIABILITIES INCIDENT TO THIS PARTICIPANT OF MINORITY AGE’S PARTICIPATION IN THESE ADVENTURE ACTIVITIES.
I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST FINISTERRA TRAVEL LTD.
Signed this day of
Signature of Participant/Traveller Signature of Witness
Name of Participant/Traveller Name of Witness
Signature of Parent/Guardian for Participants
Under Minority Age
PLEASE SIGN THIS FORM AND RETURN BY FAX (1 800 806 0761) OR EMAIL (firstname.lastname@example.org) TO FINISTERRA TRAVEL LTD.