EXCLUSION OF LIABILITY – ASSUMPTION OF RISK

 

 

 

 

ASSUMPTION OF RISK

the term Accommodations and Wilderness Activities shall include all activities, all accommodations, multi-day camping or overnight stays in a lodge, cabins or the outdoors, transportation, events and services provided, arranged, organized, conducted, sponsored or authorized by the Releasees, and all outdoor recreation from the Releasees property which was not arranged, organized, or provided by the Releasee, and shall include but is not limited to: cross country skiing, snowmobiling, biking, dog-sledding, hiking/backpacking, helicopter-hiking, 4×4 wilderness tour, fishing/ice fishing, river rafting, canoeing, snowshoeing and any other forms of backcountry travel; rental or use of skis, bikes or other equipment; demonstrations; orientational and instructional courses; loading, unloading and travel by or movement in or around helicopters, snowmobiles and motor vehicles, or horses; and other activities, events and services in any way connected with or related to accommodations and wilderness activities.

Accommodations and Wilderness Activities involves many risks, including but not limited to;  travel on extreme terrain, particularly high, exposed ridge tops, steep slopes, or where the trail or route is less defined and therefore rough or unstable; travel in areas where fallen timber, shrubbery, branches, rocks, roots or other obstacles or hazards may impede or hinder travel; travel on or through gravel or boulder fields, avalanche and landslide paths, snow fields and glaciers; travel across or beside creeks, streams, rivers, ponds and lakes; encounters with domestic and wild animals, sudden and unexpected changes or variations in the hiking terrain; collisions with motor vehicles and natural or man-made objects; miscellaneous health problems related to over-exposure to the sun, insect bites, fatigue, stress, dehydration, exertion, high altitude, and lack of fitness. Participants may become lost or separated from their guide or party. Communication in the alpine or backcountry terrain is difficult and in the event of an accident, rescue and medical treatment may not be immediately available. Alpine and back country weather conditions may be extreme and can change rapidly and without warning. Electrical and fire hazards, risk of the spread of fire, burns, exposure to wood-smoke, carbon monoxide exposure; extreme weather and temperature; damage to personal property or vehicles caused by weather, icy roads, or objects; use of tools including axe for wood cutting; negligence of other persons; the use of drugs and alcohol; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; equipment failure; negligent first aid or medical treatment; negligence of other persons, including other guests.

NOTICE TO SNOWMOBILERS – INCREASED RISK

Snowmobiling involves many inherent risks, dangers and hazards, including but not limited to: exposed rock, earth, ice or other natural objects; trees, tree wells, tree stumps, forest deadfall; holes and depressions on or beneath the snow surface; variable and difficult snow conditions; changes or variations in the terrain which may create blind spots or areas of reduced visibility; streams, creeks and holes in the snowpack above stream or creeks; cliffs; crevasses; winter travel on back-country roads; snowcat roads, road-banks and cut-banks; impact or collision with other snowmobiles and vehicles, becoming lost or separated from the guides or other participants; mechanical failure of snowmobiles and related equipment; extreme and rapidly changing weather conditions; encounter with wildlife including bears, and frostbite and hypothermia.

Your legal responsibility as a user of the premises and facilities or participant in activities provided by the operator is explained in the following notice, which you will see posted on the premises.