DEFINITION


In this Agreement the term "back-country touring" shall include but is not limited to: alpine skiing, nordic skiing, telemark skiing, snowboarding, hiking, touring, mountaineering, and all activities, services and use of facilities either provided by or arranged by the Releasees including transportation, accommodation, food and beverage and water supply.

ASSUMPTION OF RISKS – AVALANCHES, ALPINE TERRAIN, BACKCOUNTRY TOURING, WEATHER 


I am aware that participation in backcountry touring, involves many risks, dangers and hazards. Avalanches occur frequently in the terrain used for back-country touring and may be caused by natural forces or by persons traveling through the terrain. 

I am aware that the Releasees may fail to predict whether the terrain is safe or whether an avalanche may occur. The terrain used for back-country touring is uncontrolled, unmarked, not inspected, and involves many risks, dangers and hazards in addition to that of avalanche. These may include, but are not limited to: cornices; cliffs; trees, tree wells; tree stumps; forest dead fall; creeks; rocks; rockfall; boulders; holes and depressions on or below the snow surface; variable and difficult snow conditions; impact or collision with other persons; becoming lost or separated from one’s party or guide; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE BY THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF BACK-COUNTRY TOURING. 

Communication in the alpine terrain may be difficult, and in the event of an accident or illness, 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 AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH BACKCOUNTRY TOURING AND 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.

NOTICE TO SNOWBOARDERS AND TELEMARK SKIERS - INCREASED RISK


Unlike alpine ski boot/binding systems, snowboard, and some telemark boot/binding systems are not designed or intended to release and will not release under normal circumstances, thus increasing the risk of not surviving an avalanche.

INSTRUCTIONS OF GUIDES


I agree to follow the directions and instructions of the guides at all times for the safety and enjoyment of the group.

NON-SCHEDULED OR EMERGENCY EVACUATION, RESCUE OR FIRST AID


I acknowledge and agree that all expenses associated with non-scheduled or emergency evacuation, rescue or first aid will be my responsibility and will not be covered by the Releasees.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT


In consideration of the Releasees allowing me to participate in back-country touring as defined in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, 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 back-country touring, 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 LAWS OF MY HOME COUNTRY OR IN JAPAN, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF BACKCOUNTRY TOURING REFERRED TO ABOVE;

2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in back-country touring;

3. This 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.

In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of back-country touring, other than what is set forth in this Agreement.

JURISDICTION: In the event that I file a lawsuit or take any legal action against Japan Dimension (for Freeride Japan or Japan Outdoor Institute), I agree to do so solely in the Prefecture of Nagano, Japan and I further agree that the substantive and procedural law of Japan shall apply in that action. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.