1068079 B.C. Ltd dba MONASHEE ADVENTURE GROUP / Snow Bike Tours
MONASHEE ADVENTURE GROUP (M.A.G) GENERAL CONDITIONS
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter referred to as the “Release Agreement”)
PLEASE READ CAREFULLY! YOU WILL BE ASK TO SIGN THIS WAIVER BEFORE USING OUR EQUIPMENT
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
TO: 1068079 B.C. Ltd, MONASHEE ADVENTURE GROUP, and their respective directors, officers, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns and all event organizers, officials, volunteers, participants, sponsors, promoter and advertisers (hereinafter collectively referred to as the “Releasees”)
In this Release Agreement, the term “Snow biking” shall include all activities, events, services or use of facilities provided, arranged organized or conducted by the Releasees at Silver Star Ski Resort, Sovereign Lake or other BC Parks (hereinafter “Snow Biking Area”) including but not limited to: snow biking riding; tours, descents, use of trails and roads; guided snow biking activities; races; competitions, demonstrations; orientation; coaching and technical support; and all other related activities, events or services..
ASSUMPTION OF RISKS
I am aware that Snow biking 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 snow pack above stream or creeks; cliffs; crevasses; winter travel on back-country roads and snowcat roads; road-banks and cut-banks; impact or collision with other snowmobiles and vehicles; mechanical failure of snow bikes and related equipment; extreme and rapidly changing weather conditions; avalanches; failure to operate a snow bike safely or within one's own ability; loss of balance or control; slips, trips and falls; negligent first aid; negligence of other persons including other snow bikers or snowmobilers; AND NEGLIGENCE ON THE PART OF THE RELEASEES. I UNSERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. Communication in the alpine terrain may be difficult, and in the event of an accident, rescue, medical treatment and evacuation may not be available or may be delayed. Alpine weather conditions may be extreme and can change rapidly and without warning.
I acknowledge that the risks, dangers and hazards of Snow biking are increased during races, competitions and contests, including tours, events, due to the competitive nature of the activity and the fact that there may be other participants, officials and spectators on the course. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RELEASEES agreeing to my participation in Snow biking and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have 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 that my next of kin may suffer, as a result of my participation in Snowmobiling, 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 OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c. 337, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN SNOW BIKINGREFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in Snowmobiling;
3. This Release 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 Release Agreement and any rights, duties and obligations as between the parties to this Release 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 Release Agreement shall be brought within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in Snow biking, other than what is set forth in this Release Agreement.
Please before using our equipment, print and sign our liability waiver
STANDARD TERMS AND SNOWBIKE YETI SNOWMX GENERAL CONDITIONS OF RENTAL
1 ) Requirement
No motorcycle licence required. Photo ID document or passport. MONASHEE ADVENTURE GROUP (M.A.G) consign to the renter the equipment in good overall condition and the renter will consign back the Yetisnowmx in the same good overall conditions at the end of rental period. The renter declare to have verified the motorcycle is in good overall condition. The renter commit himself to do not declare false informations about his personal details (age, address, license) dismissing MONASHEE ADVENTURE GROUP from every consequence. We reserves the right to terminate the agreement and repossess the Yetisnowmx at any time at renter’s expenses if the Yetisnowmx is used in breach of art. In case the renter stipulate the contract on behalf of a third part he will respond with the third part of the execution of obligations of this contract.
2 ) Renter Commitment
The driver commit himself to: have the helmet well locked, guard the motorcycle with maximum diligence and respecting all the rules of law. Use the Yetisnowmx with attention and caution, do not use the motorcycle in challenge and race. Every damage on the motorcycle produced from negligence and malice will be at the expense of the renter. The payment of contraventions, tickets during the rental period is at the renter expense. The payment of any expense (after the presentation of an invoice) included legal cost paid from MONASHEE ADVENTURE GROUP because of a misbehave of the renter during the rental period. Consign the Yetisnowmx in good overall condition as well he found it. Do not have any real right on the rented vehicle and accessories supplied, therefore, do not be able to have it anyway. Use the Yetisnowmx personally and do not give way/sell it to third part. Do not use the Motorcycle to carry person with fee Do not use the Yetisnowmx under the influence of drugs, Alcool and narcotics. Do not use the motorcycle in forbidden area.
3) Monashee Adventure Group RENTALS liability limitation
MONASHEE ADVENTURE GROUP cannot be responsible in case of any kind of damage at the renter cause any defect of the Yetisnowmx or accident. MONASHEE ADVENTURE GROUP cannot be responsible in case of any kind of damage verified after theft, Conflict. Riding a Yetisnowmx can be dangerous, MONASHEE ADVENTURE GROUPcannot be held liable for any harm or injures occurred during the use of rental including death by avalanche.
4) Booking and cancellations
30% booking fee will be imposed on receiving the booking confirmation by mail, fax or by telephone. The deposit will become not refundable. The remaining 70% of total book fees will be paid at pick up. In case of cancellation 30 days before from rental start the deposit can be used as deposit for an other rental up to the end of the following season. In case of cancellation15 days prior to rental start we will keep the 30% charged as deposit. MONASHEE ADVENTURE GROUP will always strive to supply the reserved motorcycles. However in case this may not be possible (e.g. the previous rental customer has damaged the motorcycle booked few days prior to the rental commencement). MONASHEE ADVENTURE GROUP will supply an alternative, possibly equivalent motorcycle. In the event it’s would not be possible MONASHEE ADVENTURE GROUP will provide a complete rental fee refund. MONASHEE ADVENTURE GROUP will not be liable for money above the cost of the rental charge.
5 ) Damage Security Deposit
Every Yetisnowmx has damage deposit. The damage deposit will be taken in the form of a mechanical credit card slip signed by the renter (not charging money, just helding). The renter has to be sure to have enough funds to cover the rental price and all other costs in case of damage or theft. The deposit is normally the maximum liability for theft or damage to the motorcycle. The deposit can also be used to pay the cost of keys and documents loss. The deposit can also be used to pay third part when MONASHEE ADVENTURE GROUP have to pay the the excess of the insurance. Renter agrees to accept the debit to his credit card account of any charges incurred.
6 ) Insurance
All our Yetisnowmx for rent are covered against damage towards third parties except injuries to the driver. During the rental period if there is a loss of the vehicle or damage of any kind, including theft, the renter will be liable to MONASHEE ADVENTURE GROUP for the amount corresponding to the loss, damage and any additional expense incurred. Full insurance with a deductible price is available under request. In case of damages with renter fault, the damage deposit will be cashed in by the rental company and once the repair is done you will get a refund only if the bill is less than the damage deposit. All charges will be substantiated by invoices of the work done. Therefore the renter is not secured by insurance: For damages resulting from accidents between rental bikes, in this case bikes are not covered by the third party liability insurance. For damages when the renter is not able to give documents to reconstruct an event or to the identification of the vehicle investor. For damages to the renter, passengers and their goods. For damages in any race, test or contest For damages when the renter is under the influence of alcool or drugs. For damages resulting from accident not reported in the prescribed time. For damages resulting from the renter’s gross misconduct. For damages happened in nations out from the green card. For damages for liability and property damage to third parties and things beyond the limits of the policy For damages causes by vandalism, explosions, fires, earthquakes. In the event of the bike is confiscated by the police for circumstances depending on the renter’s negligence, the renter will be held liable for rent for the time the vehicle remains in police custody and for any additional charges related to this offence. theft / fire In case of theft or fire or attempted theft the renter is obliged to bring a regular report to the authorities (Police or RCMP) showing original copy to MONASHEE ADVENTURE GROUP. The damage is the sole responsibility of the customer in the event of misconduct or gross negligence of the renter, if the Customer does not return the keys to M.A.G, in cases where the insurance does not fully compensate the damage. MONASHEE ADVENTURE GROUP may, at its sole discretion, not to grant a replacement vehicle in case of theft, fire or serious accident to the rental vehicle, regardless of the reasons that caused the event. The rental price is due until the date booked and untill the date of delivery of the copy of denunciation.Full insurance with a deductible price is available under request at $15 per day.
7 ) Accidents
In case of accident the renter is obliged to: immediately inform MONASHEE ADVENTURE GROUP by telephone or mail by sending in the next 12 hours the report filled in in detail, or in absence of report, the detailed denunciation of the facts; Inform the closest police report note of every name and address of the parts and witness included the details of Insurance companies of the other vehicle involved. Strictly follow the instructions that will provide MONASHEE ADVENTURE GROUP regarding the custody and/or repair of the vehicle. The renter shall refund MONASHEE ADVENTURE GROUP for any damage caused to the vehicle or parts and accessories, and to pay the administrative expenses of the accident. The renter agrees to notify within 12 hours of its nature, each accident (even minimal) occurred during the period of rental.
8 ) Technical damages
In case of technical damages not imputable to the renter, and that precludes the possibility of use of the vehicle, MONASHEE ADVENTURE GROUP will possibly replace the vehicle with a similar. MONASHEE ADVENTURE GROUP agrees to refund to the renter the amount spent for repairs due to failure of the vehicle just in case they have been authorized by MONASHEE ADVENTURE GROUP and in presence of regular invoice addressed to MONASHEE ADVENTURE GROUP. Repairs with bills and invoices not approved by MONASHEE ADVENTURE GROUP will not be refunded. The abandonment of the vehicle without the authorization of MONASHEE ADVENTURE GROUP shall include the obligation of renter to pay all expenses direct and indirect needed to recover or replace the vehicle plus a penalty of $2000,00.