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Subscribe to the Wanderung mailing list by reading the following waiver, filling out the 2 fields at the bottom of this page, and clicking the SUBSCRIBE button.
Wanderung
Outdoor Recreation Society Liability Waiver and Indemnity Agreement
A
required agreement to become a subscriber to the mailing list…
Please
read the following legal disclaimer, and click on the link at the
bottom of the page to join the mailing list if you agree to these
terms:
In consideration of
WANDERUNG OUTDOOR RECREATION SOCIETY (“WANDERUNG”)
accepting my application to participate in hiking, backpacking,
scrambling, snowshoeing, cross country skiing, cycling, kayaking,
skiing, snowboarding, horseback riding or social activity or any
combination of these or similar activities, (an “Event”)
on lands owned by or under the control of the Province of British
Columbia or the Government of Canada or elsewhere, the following
waiver of all claims, release from all liability, assumption of all
risks, agreement not to sue and other terms of this Agreement
(”Waiver”) are entered into by me with and for the
benefit of WANDERUNG and Event
organizers, Event participants,
moderators, system designers and developers, founders, coordinators,
assistants, volunteers,
directors, officers, servants, agents, representatives, independent
contractors, and all persons acting
under its authority, including any
paid instructors or guides, (collectively the “Personnel”).
Scope of Waiver
An Event
includes any trip or event organized using mailing lists or other
communications technologies that are owned or controlled by
WANDERUNG. 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 heirs, my 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
WANDERUNG or Personnel, for any personal injury, death, property
damage or other loss that I sustain during or as a result of an Event
due to any cause whatsoever on the part of WANDERUNG, the Personnel
or others, including:
1.
negligence (the meaning of which includes failure to use such care as
a reasonably prudent and careful person that would use under similar
circumstances and failure to meet standards of care in the hiking,
backpacking, scrambling, snowshoeing, cross country skiing, cycling,
kayaking, skiing, snowboarding, horseback riding or other
similar adventure industry);
2.
breach of any other duty imposed by law, including any duty imposed
by occupiers liability or other legislation;
3.
breach of any contract; and
4.
mistakes or errors in judgment of any kind.
Inherent risks in
Activities
I am aware of the
risks inherent in an Event, including but not limited to:
AVALANCHES, ROCK FALL
OR ICE FALL: which can frequently occur in the mountain
terrain used for hiking and mountaineering and may be caused by
natural forces including steepness of slopes, snow, or ice depth,
instability of the snow pack or rock or glacier, or changing weather
conditions, or by climbers, hikers, skiers, or snowboarders, or by
aircraft or helicopter or by the failure for any reason of WANDERUNG
or the Personnel to predict whether the terrain is safe for hiking
and mountaineering or where or when the avalanche, rock fall or ice
fall may or may not occur. I
am aware that some snowboard and telemark ski boot binding systems
are not designed or intended to release and will not release under
normal circumstances. I am aware that there is an increased
risk that I will not survive an avalanche if the snowboard or
telemark skis do not have a binding release mechanism;
MOUNTAINOUS AND STEEP
TERRAIN: I am aware
that loss of balance or control and falls, particularly on steep
or difficult terrain, whether roped or
unroped, may cause injury or death. In addition, the mountainous
areas used for an Event 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, but are not limited to, glacier crevasses, ice,
icebridges, ice and snow cornices, cornice falls, tree wells, tree
stumps, logs, forest deadfall, concealed or exposed crevasses,
creeks, hidden or exposed earth, rocks and boulders, forest deadfall,
concealed or exposed holes and depressions, limited visibility, and
varying 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 hiking and mountaineering may
not have been traveled 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 organizers or companions. Communication in this mountain terrain
is always difficult and, in the event of an accident, rescue and
medical treatment may not be available;
AUTOMOBILE TRAVEL:
additional risks are posed by automobile travel in mountainous
areas and in changeable weather conditions. I am aware that no
background checks of drivers or participants, driver record checks or
insurance checks are undertaken by WANDERUNG or the Personnel. In
addition, WANDERUNG does not make any assurances or certifications
regarding the condition, suitability or safety of the vehicles being
used in an Event, the reliability or driving ability of participants
or drivers, or whether those participants or drivers are insured.
I am aware of the risks
associated with driving including, but not limited
to, rapidly changing road and highway conditions, dangerous
driving conditions and travel over poor roads. I am aware
of the risks to my vehicle, including but not limited to, wear and
tear, intentional or unintentional damage, collision, theft
and vandalism;
EQUIPMENT:
equipment used in an Event may fail. The equipment used may
include, but is not limited to, ropes, helmets, harnesses, climbing
protection, ice tools, skis, snowboards,
boots, navigation
tools, ski poles, and avalanche
transceivers. This equipment may be provided by WANDERUNG, the
Personnel, guides or other hikers and climbers 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 an Event may cause illness or
death;
ANIMALS: wild
and domestic animals are unpredictable and may attack;
WATERCRAFT: I
am aware of the risks of the use of any watercraft for transport or
adventure. The risks may include, but are not limited to, frigid
water, unpredictable currents, submerged rocks and rock outcroppings,
fallen trees, waterfalls, sinking, capsizing, swamping, uncontrolled
drifting, and collisions with other crafts or obstacles. I
acknowledge that there is a significant risk of injury or death from
these hazards, including by drowning or hypothermia or delay in
rescue;
RIVER OR CREEK
CROSSINGS: I am aware that rivers or creeks have many
dangerous obstacles and hazards many of which are hidden and cannot
be foreseen. The risks may include, but are not limited to,
frigid water, rapids, unpredictable currents, submerged rocks and
rock outcroppings, fallen trees, waterfalls, ledges, drop-offs,
whirlpools and undercurrents. I acknowledge that there is a
significant risk of injury or death from these hazards, including by
drowning or hypothermia or delay in rescue;
HORSEBACK RIDING: I
am aware that the activity of horseback riding involves numerous
inherent risks of injury that are integral to that activity.
The risks may include, but are not limited to, loss of control,
collision, obstacles, whether they are obvious or not obvious,
man-made or natural. I am aware that I may encounter variations
in the terrain, which may include, but are not limited to, breaks,
growth, debris, rocks, cliffs, and other hazardous surface or
subsurface conditions and obstacles, whether they are obvious or not
obvious, man-made or natural. I am aware that an animal,
irrespective of its training and usual past behaviour and
characteristics, may act or react unexpectedly or unpredictably at
times;
TRANSPORTATION
TO AND FROM AREAS: I am aware of the risks associated with
transport through mountainous areas including, but not limited
to, rapidly changing road and highway conditions,
dangerous driving conditions and travel over poor roads and
the risks of using trains,
cars, motor coaches, aircraft,
vans and taxis which may or may not be
owned or operated by WANDERUNG or the Personnel;
OTHER
EVENT PARTICIPANTS AND OTHER PERSONS: I am aware of the risk
of being separated from one's party or becoming lost. I am
aware of the risk of the conduct of other persons, including other
Event participants. These risks may include, but are not
limited to, impact or collisions with other persons; negligence of
other mountaineers, climbers, backpackers, hikers, skiers,
snowboarders, snowshoers, drivers, snowmobilers, horsebackriders and
others; errors in judgement; lack of preparation; inadequate or
inappropriate equipment; equipment failure, malfunction or loss and
failure to act safely or within one's ability.
Wanderung
does not Supervise or Control Events
I
am aware that any member of the public can subscribe to Wanderung and
can organize an Event using Wanderung tools. I acknowledge that
Wanderung is not responsible for verifying the identity of Event
organizers or assessing their ability to
organize. I acknowledge that Event
organizers are not guides and
may not have sufficient fitness, experience, clothing, and equipment
and that I am solely responsible for assessing whether I have
sufficient fitness, experience, clothing, and equipment to do a trip
before I sign up.
I am aware that the fact that an Event is
communicated
through Wanderung tools ("callout")
does not mean that the callout has been evaluated in any way by
Wanderung or the Personnel, and that Wanderung and the Personnel are
not responsible for errors or omissions in a callout. I acknowledge
that Wanderung has the right to regulate usage of its tools, such as
by moderating postings to its email lists, but is under no obligation
to do so.
I am aware that
Wanderung does not monitor when Event participants return, and that
organizing or signing up for an Event is not a substitute for leaving
a trip plan with a responsible friend or family member.
I
acknowledge that Wanderung has no control over, or
knowledge of, the identity or actions of
the individuals who organize or participate in Events, that Wanderung
does not supervise Events, and that Wanderung is not involved in any
way with the actions of any Event participant.
I
acknowledge that Wanderung has no control over, or knowledge of, the
identity or actions of the individuals who use, or subscribe to,
Wanderung and Wanderung tools, and that Wanderung does not supervise
these users or list subscribers, and that Wanderung is not involved
in any way with the actions of any list subscriber.
I assume and accept all
the risks and dangers inherent in every Event and the possibility of
personal injury, death, property damage or other loss as a result. I
agree that, although WANDERUNG and the Personnel may take precautions
to reduce the risks and increase the safety of Events 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
WANDERUNG 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 Waiver even if WANDERUNG 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 Event.
I am aware that the
enjoyment and excitement of Events is derived in part from hiking,
backpacking, scrambling, snowshoeing, cross country skiing, cycling,
kayaking, skiing or snowboarding, horseback riding in wild,
rugged, uncontrolled environments and is contributed to by the
inherent risks of these activities.
By agreeing to this
Waiver, I am not relying on any oral, written, visual representations
or statements of any kind, including promotional statements made by
WANDERUNG on the WANDERUNG website or in their documents or by any of
the Personnel to induce me to go on an Event.
I confirm that I am of
the full age of nineteen years, that I have had sufficient time to
read and understand what I am agreeing to in this Waiver before
joining up and that it will be binding upon my heirs, next of kin,
executors, administrators and successors.
I agree that this 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 British Columbia. I hereby irrevocably submit to the
exclusive jurisdiction of the courts of the Province of British
Columbia and I agree that no other courts can exercise jurisdiction
over the agreements and claims referred to herein. Any Litigation
pertaining to this Waiver or arising out of my Event shall be
instituted in British Columbia and nowhere else.
I
have read, and understand and agree to the waiver above, and would
like to complete my subscription by filling these fields and clicking the SUBSCRIBE button below:
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