For booking please e-mail info@cmhinc.com or call 1-800-661-0252.
Canadian Mountain Holidays
217 Bear St.
Box 1660, Banff, Alberta
Canada T1L IJ6
Phone: (403) 762-7100
Fax: (403) 762-5879
info@cmhinc.com
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This is a sample only. Our reservations department will forward
our
Application and Waiver for you to sign once you have booked your trip.
CMH HELI-SKI WAIVER
WARNING: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS. READ IT CAREFULLY!
In consideration of CMH (as defined below) accepting my application
for and permitting me to participate in a helicopter skiing trip
("CMH Heli-Ski Trip") on lands owned by or under the control
of CMH or the Province (as defined below) 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 ("CMH
Heli-Ski Waiver") are entered into by me with and for the benefit
of:
Canadian Mountain Holidays Inc.,
Alpine Helicopters Ltd.
and their affiliates and subsidiaries (collectively, "CMH")
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Her Majesty the Queen in Right of British Columbia
("Province")
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the "Personnel" (as defined below). |
I 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, CMH,
the Province and any of their shareholders, directors, officers,
employees, servants, helicopter skiing guides, helicopter pilots,
helicopter maintenance personnel, agents, contractors, suppliers
and representatives (collectively, the "Personnel") for
any personal injury, death, property damage or other loss that I
sustain during or as a result of any CMH Heli-Ski Trip due to any
cause whatsoever on the part of any one or more of CMH, the Province,
the Personnel or others, including:
(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 helicopter skiing industry in the Province of British
Columbia for the safety of heli-skiers);
(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 skiing and I am aware that helicopter
skiing has certain additional dangers and risks, including:
AVALANCHES: I am aware that avalanches frequently occur
in the mountainous terrain used for helicopter skiing and that avalanches
have caused a number of fatalities involving heli-skiing. If I use
a snowboard or telemark skis, 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. I am aware that the
risk of an avalanche is always present in helicopter skiing, that
this risk cannot be completely eliminated by CMH and the Personnel,
and that avalanche accidents may result from the failure for any
reason (including negligence) of CMH or the Personnel to correctly
determine the stability and safety of a slope for skiing or to predict
where or when an avalanche might occur.
MOUNTAIN TERRAIN: In addition to avalanches, I am aware
that the rugged mountain terrain used for helicopter skiing has many
other dangerous obstacles and hazards including glacier crevasses,
rock outcroppings, cornices, cliffs, heavily forested areas with
fallen trees and tree stumps, creeks and boulders and also man-made
hazards such as logging clear cuts, logging roads, road banks and
fences that cross heli-skiing slopes; that these hazards may be hidden
by snow; and that if I become injured or lost in severe winter weather
conditions or difficult terrain there is a risk of delay in being
rescued.
TREE WELLS: I am aware that deep depressions ("tree
wells") in the snow beneath the trees on slopes used for helicopter
skiing can be a serious hazard to heli-skiers and that a number of
heli-skiing fatalities have occurred when heli-skiers have fallen
into tree wells.
OTHER HELI-SKIERS: Heli-skiers ski in groups or with
partners and I am aware of the risk of colliding with other heli-skiers
and the risk of being separated from other heliskiers or becoming
lost.
HELICOPTER TRAVEL: I am aware of the risk of mechanical
failure or operational error including pilot error in the operation
of helicopters and that there are increased risks of helicopter travel
in mountainous areas, especially in winter weather conditions.
WEATHER: I am aware that weather conditions may be
extreme and can change rapidly without warning.
TRANSPORTATION TO AND FROM AREAS: I am aware of the
risks associated with transport through mountainous areas including
rapidly changing road and highway conditions and the risks of using
aircraft, motor coaches, vans and taxis which may or may not be owned
and/or operated by CMH.
I assume and accept all the risks and dangers of helicopter skiing
and the possibility of personal injury, death, property damage or
other loss as a result. I agree that, although CMH and the Personnel
may take precautions to reduce the risks and increase the safety
of helicopter skiing and to determine whether a particular slope
is safe from the risk of avalanche or other hazards before it is
skied, it is not possible for CMH or the Personnel to make helicopter
skiing completely safe or to predict with complete assurance whether
the terrain to be skied is safe from the risk of avalanche. I willingly
accept these risks and agree to the terms of this CMH Heli-Ski Waiver
even if CMH 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 CMH Heli-Ski Trip.
I am aware that the enjoyment and excitement of helicopter skiing
is derived in part from skiing in powder snow on steep ungroomed
slopes and is contributed to by the inherent risks of helicopter
skiing.
In signing this CMH Heli-Ski Waiver, I am not relying on any oral,
written or visual statements of any kind, including promotional statements
made by CMH in the "CMH Heli- Skiing Handbook" or other
brochures or by any of the Personnel or by the Province to induce
me to go on a CMH-Heli Ski Trip.
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 CMH Heli-Ski Waiver before signing it and that it will be
binding upon my heirs, next of kin, executors, administrators and
successors.
I agree that the CMH Heli-Ski 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 to enforce this agreement shall be instituted
in British Columbia and nowhere else.
I agree that the terms "helicopter skiing", "heli-skiing" and "skiing" herein
include snowboarding, mono-skiing, telemark skiing and other similar
activities and the term "heliskier" includes snowboarder,
mono-skier and telemark skier.
| Signed and witnessed this ______________
day of _____________________, year ______ |
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Signature of Witness
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Signature of Applicant
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Print Name of Witness
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Print Name of Applicant
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Print Address of Witness
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City State / Prov. Postal / Zip
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