ENDURANCE SPECIFIC COACHING LTD. operating as XTERRA Whistler RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY (the “Agreement”)WARNING - BY SIGNING THIS FORM YOU ARE ASSUMING BOTH PHYSICAL AND LEGAL RISKS WHICH HAVE FINANCIAL IMPLICATIONS TO YOU AND/OR YOUR FAMILY, AND YOU ARE WAIVING IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION!PLEASE READ CAREFULLY!TO: ENDURANCE SPECIFIC COACHING LTD. operating as XTERRA Whistler, and its directors, officers, employees, agents, contractors and volunteers, and their respective personal representatives, successors and assigns (collectively, “XTERRA Whistler”), for participation in or volunteering at all activities, triathlon and trail running events organized or conducted by XTERRA Whistler (the “Events”), including, but not limited to, Off Road Triathlon, trail running races, orientation and training runs, use of equipment owned or provided by XTERRA Whistler, use of land, trails, facilities, and accommodation operated or arranged by XTERRA Whistler or used during the Events (the “Facilities”), and transportation to, from, or during the Events (all or any part being called the “Event Activities”)ASSUMPTION OF RISKI am aware that participating in the Event Activities involves many inherent risks, dangers and hazards. I assume full responsibility for all such risks, including but not limited to: risk of serious injury and death that may be caused by, but is not limited to, running, climbing, rappelling, the use of fixed ropes, and factors such as the terrain, water and weather conditions; exposure to danger in remote wilderness areas without access to food, water, or medical care; misuse, malfunction or failure of equipment provided by XTERRA Whistler to me or to other participants (the “Equipment”), or my or other participants’ equipment; impact or collision with other participants; negligence of other participants; and negligence of XTERRA Whistler, including failure of XTERRA Whistler to take reasonable steps to safeguard or protect me from risks, dangers and hazards of participating in the Event Activities. I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, permanent disability, property damage, loss of income or loss resulting therefrom.I understand and acknowledge the risk and danger inherent in the Event Activities and acknowledge that the Event Activities are physically and mentally demanding. I am participating with the knowledge that I am responsible for my own physical and mental well-being during my participation in the Event Activities.RELEASE OF LIABILITY, WAIVER OF CLAIMS, INDEMNITY AND MEDIA RIGHTS AGREEMENTIn consideration of my participation in the Event Activities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby further agree as follows:I WAIVE ANY AND ALL CLAIMS that I have or may have against XTERRA Whistler and RELEASE XTERRA Whistler from any and all liability for any loss, damage, expense, or injury, including death, that I may suffer, or that my family or next of kin may suffer as a result of my participation in, or in any way connected with, the Event Activities, 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, RSBC 1996, c. 337, AND FURTHER INCLUDING THE FAILURE OF CMTR TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE EVENT ACTIVITIES.I AGREE TO HOLD HARMLESS AND INDEMNIFY XTERRA Whistler from any litigation expense, legal fees, liability, damages, awards, costs, and expenses of any type whatsoever that result from my participation in the Event Activities.I AGREE NOT TO SUE XTERRA Whistler for any loss, injury, costs or damages of any form or type arising directly or indirectly from my participation in the Event Activities.I Agree that I am solely responsible for determining my own health, fitness, and ability to complete the Event Activities; determining the quality, fitness for the intended purpose, and safety and proper use of the Facilities and/or the Equipment; for determining what equipment is necessary for participating in the Event Activities or using the Facilities and/or the Equipment; and for obtaining and using that equipment in conjunction with the Event Activities, Facilities and/or the Equipment. I acknowledge that even if XTERRA Whistler requires that I complete skills tests, requests proof of my capacity to complete the Event Activities, or requires certain equipment be used or carried during the Event Activities, XTERRA Whistler makes no representations, conditions or warranties as to my skills or abilities, or the skills, experience, or equipment which are necessary to safely participate in the Event Activities – such matters are my sole responsibility. Further, XTERRA Whistler makes no representations, conditions, or warranties as to the quality, fitness for the intended purpose, safety, manufacture, maintenance or use of the Facilities and/or the Equipment.I acknowledge and RepRESENT that I am in good physical and mental condition and that I will be able to complete the Event Activities safely. If at any time during the Event Activities my continued participation risks causing any form of physical or mental harm to myself, I will inform an Event staff or volunteer of my condition and discontinue my participation immediately. I acknowledge and confirm that I will observe the condition of my teammates (if any) and, if the physical health of any such teammates appears compromised, I will inform an Event staff or volunteer of such condition and my team will immediately discontinue participation in the Event Activities.XTERRA Whistler can take all reasonable steps to respond to a medical or other emergency that may arise out of my participation in the Event Activities, including but not limited to providing first aid and obtaining medical assistance as may be required, and I will pay for all costs of any such emergency response.IMAGE AND NAME RELEASE. I grant to XTERRA Whistler all right, title and interest in and to any videotape, slides, photographs, film or other reproduction of my image in any format whatsoever captured in connection with my participation in the Event Activities (the “Images”) and I grant XTERRA Whistler the non-exclusive right to use the Images and my name in results and promotional materials, including broadcasting, advertising, trade shows, exhibitions, websites, and training materials. XTERRA Whistler may from time to time at its discretion revoke my privileges to attend at the Facilities and/or to participate in the Event Activities.This Agreement shall be binding and effective on my heirs and personal representatives.If any portion of this Agreement is declared or held to be invalid for any reason, the invalidity will not affect the validity of the remainder of this Agreement which will continue in full force and effect and be construed as if this Agreement had been executed without the invalid portion.This Agreement shall be governed by and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein. All parties to this Agreement irrevocably submit to the jurisdiction of the Courts of British Columbia.In entering into this Agreement, I am not relying on any oral or written representation or statement made by XTERRA Whistler EXCEPT AS set forth in this Agreement. I HAVE READ AND UNDERSTOOD THIS AGREEMENT BEFORE SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS AND PERSONAL REPRESENTATIVES MAY HAVE AGAINST XTERRA Whistler. *
