| Waiver
of all claims, release from liability and assumption
of risk
I,__________________________, acknowledge that I have
voluntarily applied to participate in a Boreal Tours
adventure activity. I am voluntarily participating on
a tour with knowledge that this tour involves numerous
risks and dangers including, but not limited to: natural
disasters, weather conditions, rugged or steep terrain,
rock fall, slippery footing, water, isolation from medical
facilities, difficult evacuation, physical exertion
for which I am not prepared, equipment failure, mechanical
breakdown, human error and accidents. These and other
risks may cause serious injury, illness, death, personal
property damage or personal losses.
In
full recognition, and in consideration of being granted
a reservation and acceptance for my participation in
an adventure tour under the auspices of BOREAL TOURS,
its agents, associates, assigns, employees, officers,
licenses, and successors in interest (hereafter BOREAL
TOURS), I herby agree as follows:
1.
I HEREBY RELEASE, WAIVE, INDEMNIFY and AGREE NOT TO
SUE for all or any liability to me, my personal representatives,
heirs, assigns and next of kin, for any and all loses,
damages or injuries or any claim or demand on account
of any injury to my person or property, or on account
of my death resulting from any cause, while I am participating
in an BOREAL TOURS tour. I further agree that I will
assume the risk and release BOREAL TOURS, of all liability
for any injury or damage to my body or property or my
death due to any negligent failure to obtain or administer
appropriate rescue operations in the event of injury
or mishap, including failure to obtain adequate medical
services, to evacuate or to supply treatment, medicine,
or trained rescue personnel.
2.
I FURTHER AGREE that if I am injured or become ill,
BOREAL TOURS may, at my cost, arrange or supply medical
treatment, evacuation or any other emergency services
on my behalf as BOREAL TOURS deems necessary or appropriate
for my safety and well being.
3.I
EXPRESSLY ACKNOWLEDGE and AGREE that adventure travel,
including the Boreal Tours tour in which I will be participating
in, can be dangerous and involves serious and unpredictable
risks and that I intend the foregoing waiver and release
of BOREAL TOURS to be as broad and inclusive as permitted
by law; that I am not relying on any oral or written
representations of BOREAL TOURS regarding safety, and
that I am entering this agreement of my own free will.
4.
I HAVE READ AND AGREE to the terms & conditions
of Boreal Tours.
5.
I DO HEREBY AKNOWLEDGE AND AGREE THAT:
a) I understand that the included itinerary is a general
guideline of what can be expected on my adventure tour,
but is NOT a contract. Factors such as weather conditions,
mechanical breakdown, medical emergencies, natural disasters
or other uncontrollable circumstances can alter my tour.
b)
I will not hold Boreal Tours responsible for extra costs
incurred by me which include, but are not limited to:
extra meals, accommodation, personal costs, or rebooking
of commercial transportation in the event of unforeseen
or uncontrollable circumstances.
I
FURTHER AGREE that any controversy or claim arising
out of or relating to my participation in a Boreal Tours
tour shall be settled by binding arbitration in Montreal,
Quebec / Canada in accordance with the rules of the
Quebec National & International Arbitration Center.
I
HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS RELEASE
OF LIABILITY ANDASSUMPTION OF RISK AND AGREE TO IT OF
MY OWN FREE WILL AND WITHOUT RESERVATIONS.
Dated
at _____________________ on ____________________, 20___.
Participant's
Name:_____________________ Participant's Signature:___________________
Witness's
Name: ______________________ Witness's Signature: _____________________
*
Minors, under 18 years old, must have parent or legal
guardian witness the form.
Note: All participants are required to read and sign
a waiver before a booking/reservation can be confirmed.
All waiver forms must be witnessed and dated. Any participants
under 18 years old must also have their parent or legal
guardian sign the waiver.
Please
print out this form and mail it back to our office.
We require original signatures for our files.
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