Terms and Cancellation
NOTIFICATION: To avoid confusion between Sea to Sky Wilderness Adventures and other companies that use “Sea to Sky” to identify their lodging, travel, product/services, adventure offerings, we have opted to use our website domain (BCYUKONEXPEDITIONS.COM) to clearly identify and advertise our adventure program. However, Sea to Sky Wilderness Adventures will continue to be used for all legal documents. Len Webster/Owner
(1) You can book spot(s) by:
- Phoning our office at (Toll Free in North America only)1.877.821.1411, (International) 1.604.501.9232.
- Visa or Mastercard: click the deposit or full payment option on the trip webpage beside your selected date.
- Interac eTransfer: transfers should be emailed to firstname.lastname@example.org. Contact us for the amount of the deposit. We will need the secret word (if you have chosen one) for the transfer.
Our mailing address is:
Sea to Sky Wilderness Adventures
#101, 13870 – 70 ave
Surrey, BC, Canada, V3W 0R9
(2) Review our Booking and Cancellation Terms outlined below on this page.
(3) We require a 30% deposit to guarantee a spot. Contact our office for the amount of deposit and/or full payment or follow the instructions provided if registering online.
Once we have received your deposit or full payment, we will forward a package by email that will contain:
* Medical, menu selection, travel forms
* Waiver and registration forms
* Itinerary and maps
* Clothing and equipment list
* Preparation instructions, including conditioning tips
* Lodging options
* Cancellation insurance options and information
* Deposit receipt and invoice for balance due
Follow the instructions provided with our information package as to the balance of payment and the return of forms.
We work closely with Sea to Sky Expeditions and Coastal Bliss Adventures to assure placement on adventure trips. Both companies are owned by lead guides who were former employees of the principal owner of Sea to Sky Wilderness Adventures. As both companies follow operations and standards established by Sea to Sky Wilderness Adventures, we are confident that your safety and expectations will be met, if not exceeded.
BOOKING & CANCELLATION
A non-refundable deposit of 30% of the trip cost is required to hold your reservation. If you must cancel before the balance is due, you can assign your deposit to any trip with available spaces in the present calendar season without penalty. There is no refund of deposit where the cancellation is initiated by the registrant or where the cancellation is necessary due to death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, pandemic (contagious viruses), war or warlike operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Sea to Sky Wilderness Adventures
The balance of the trip cost is due 60 days prior to the commencement date of the trip. As a significant portion of trip costs is committed well in advance of each trip, there is no refund within 60 days of the trip start. If payment is not received when due, Sea to Sky reserves the right to treat the reservation as canceled. Both deposit [less a $150 administrative fee + applicable taxes & credit card fees], and the full balance of payment will be refunded if we can replace your spot with another participant after all other spots have been filled or if we must cancel a trip due to a cause of our making. Any non- refundable money from third party deposits (i.e. air charter costs) will be deducted from this refund.
Cancellation notice must be received in writing.
No one may depart on a trip unless all payments and required documents are received by Sea to Sky Wilderness Adventures.
Due to the nature of operating in the wilderness and international destinations, prices are subject to change [rare]. Where necessary to change a price, we will try to provide as much notice as possible and offer you the choice of another trip, or to cancel, with a full refund.
Our prices are quoted in Canadian dollars. We process all payments and refunds in Canadian funds. If you choose to pay by credit card, we process payment in Canadian funds. Your credit card company will assign an amount based on their current exchange rate.
Sea to Sky Wilderness Adventures reserves the right to alter itineraries or cancel any trip prior to departure for any reason whatsoever, including insufficient booking levels or logistical problems that may impede trip operations. Trip cancellation due to insufficient booking levels will generally occur at least 30 days prior to departure. Sea to Sky Wilderness Adventures is not responsible for expenses incurred by trip members in preparing for the trip (i.e. non-refundable airline tickets, visa fees, equipment, etc.).
3. REQUIRED MEDICAL INFORMATION
You must provide any medical information reasonably requested by Sea to Sky Wilderness Adventures and remitted to us at least 30 days before the departure of the trip on the “Medical Form” sent to you.
Medical Forms are mandatory. If you have any pre-existing medical conditions which may impact your ability to travel to remote areas without immediate access to medical facilities or may adversely affect the experience of others on your trip, you must return a Medical Form, signed by a licensed and practicing physician to Sea to Sky Wilderness Adventures prior to departure on the Trip.
You agree to complete the Medical Form honestly and to disclose all relevant medical information accurately and fully. Sea to Sky Wilderness Adventures will maintain the information and share it only with their guides or as needed for medical personnel to treat injured or sick participants.
Sea to Sky Wilderness Adventures reserves the right to request further information or professional medical opinions where necessary, as determined in its discretion, for your safety or the safe operation of a Trip.
Sea to Sky Wilderness Adventures reserves the right to deny you permission to travel or participate in any aspect of a Trip at any time and at your own risk and expense where Sea to Sky Wilderness Adventures determines that your physical or mental condition renders you unfit for travel or you represent a danger to yourself or others.
Sea to Sky Wilderness Adventures may refuse to carry anyone with certain medical conditions if reasonable accommodation or alternatives cannot be arranged.
In the event that you do not complete the required Medical Form or provide medical information reasonably required by Sea to Sky Wilderness Adventures for any reason by the deadline indicated above, Sea to Sky Wilderness Adventures reserves the right to cancel your booking and all applicable cancellation fees will apply.
You are responsible for assessing whether a Trip is suitable for you. You should consult your physician to confirm your fitness for travel and participation in any planned activities. You should seek your physician’s advice on medical precautions. Sea to Sky Wilderness Adventures does not provide medical advice. It is your responsibility to assess the risks and requirements of each aspect of the trip based on your own unique circumstances, limitations, fitness level, and medical requirements.
4. SPECIAL REQUIREMENTS
Any special requirements must be disclosed to Sea to Sky Wilderness Adventures at least 30 days before the hike. Sea to Sky Wilderness Adventures will use reasonable efforts to accommodate special requirements or requests but this is not always possible given the nature of the destinations visited and availability of options outside a planned itinerary. Certain activities may be inaccessible to you if your mobility is limited in any way. All food allergies and dietary restrictions must be disclosed to Sea to Sky Wilderness Adventures at least 30 days before the trip but Sea to Sky Wilderness Adventures cannot guarantee that dietary needs or restrictions can be accommodated. Any special requests or requirements do not form part of these Terms or the contract between you and Sea to Sky Wilderness Adventures and Sea to Sky Wilderness Adventures is not liable for any failure to accommodate or fulfill such requests.
5. INSURANCE CONSIDERATIONS
Sea to Sky Wilderness Adventures recommends that participants purchase insurance to cover personal injury, evacuation, and emergency medical expenses. You are strongly recommended to extend your coverage to include cancellation, curtailment, and all other expenses that may arise as a result of loss, damage, injury, delay or inconvenience while traveling. You acknowledge that insurance coverage is not included in the cost of the Trip offered by the Sea to Sky Wilderness Adventures. It is your responsibility to ensure that you have sufficient coverage and comply with the terms of the applicable insurance plans. You are responsible for advising your insurer of the type of travel, destination(s) and activities included in your booking so that the insurer may provide appropriate coverage.
If you are a resident of Canada, the Chilkoot and Tatshenshini trips will enter the U.S. You may want to consider extended medical coverage for the period of time you are visiting the US.
6. PRICES, SURCHARGES, AND TAXES
Prices and taxes are quoted in Canadian funds. The final cost and taxes will be confirmed in an invoice issued by the Sea to Sky Wilderness Adventures. Sea to Sky Wilderness Adventures reserves the right to impose additional charges for any equipment that may be required by participating hikers.
7. DETAILS REQUIRED FOR BOOKING
As a condition of booking, you must provide the information requested by Sea to Sky Wilderness Adventures at least 30 days before the departure date of the Trip. In the event that you fail to supply information required by Sea to Sky Wilderness Adventures, Sea to Sky Wilderness Adventures also reserves the right to treat your booking as canceled and forfeiture of deposit and/or balance as per our cancellation policy (available at https://bcyukonexpeditions.com/ ). Sea to Sky Wilderness Adventures will not be held responsible for any fees you incur as a result of errors, omissions, inaccuracies, late, misplaced or otherwise incomplete information you have provided.
8. FINAL PAYMENT & ACCEPTANCE OF BOOKING
If full payment is not received by the applicable due date, Sea to Sky Wilderness Adventures may, at its sole discretion, change the rate payable for the booking, or treat the booking as canceled and retain the deposit paid on booking as a cancellation fee. If a booking is made less than 60 days before the departure date of the first product included in the applicable booking, then the full amount must be paid at the time of booking. If for any product or service booked, payment terms differ from those outlined in this section, the applicable terms will be communicated to you prior to booking and will also be detailed on the applicable invoice.
Sea to Sky Wilderness Adventures is not responsible for any charges levied by third parties or financial institutions and payable by you as a result of credit card or other payment transactions and will not refund or return any fees charged by third parties or financial institutions in connection with payments made by you to the Sea to Sky Wilderness Adventures.
9. CANCELLATION BY THE PARTICIPANT
You may cancel your booking by notifying the Sea to Sky Wilderness Adventures in writing. Cancellation fees, if any, will be determined with reference to the date on which notice of cancellation is received by Sea to Sky Wilderness Adventures.
Cancellation less than 60 days before departure of Trip – no refund will be payable.
10. GUARANTEED DEPARTURES & CANCELLATION OF A TRIP BY THE SEA TO SKY WILDERNESS ADVENTURES
Departure date for a Trip offered by Sea to Sky Wilderness Adventures will become a guaranteed spot for you when a deposit has been made on that departure.
Sea to Sky Wilderness Adventures guarantees that all scheduled Trip departures booked and secured with a deposit payment, subject to reasonable itinerary changes as described in these Terms or good faith health and safety concerns. This guarantee is not applicable in the case of Force Majeure. Up to date Trip and itinerary information will be announced to you by email or phone, or by contacting the Sea to Sky Wilderness Adventures. Printed materials that display Trip information and departure dates are subject to change and may not be relied upon for purposes of this guarantee.
If a trip is canceled by Sea to Sky Wilderness Adventures before the date of departure for reasons other than Force Majeure and the cancellation is not caused by your fault or negligence, you will have the choice of accepting from the Sea to Sky Wilderness Adventures:
(a) a substitute Trip of equivalent or superior value; or
(b) a substitute Trip of lesser value if no Trip of equivalent or superior value is reasonably available and to recover from Sea to Sky Wilderness Adventures the difference in price between the price of the Trip originally purchased and the substitute Trip; or
(c) a full refund of all monies paid for the canceled trip.
Sea to Sky Wilderness Adventures is not responsible for any incidental expenses or consequential losses that you incur as a result of the canceled booking including visas, vaccinations, non-refundable flights or rail, non-refundable car parking or other fees, loss of earnings, or loss of enjoyment, Sea to Sky Wilderness Adventures reserves the right to issue a full refund in lieu of the choices above, in its sole discretion. Where a significant element of a Trip as described cannot be provided after departure, Sea to Sky Wilderness Adventures will make suitable alternative arrangements where possible. If it is not possible to provide a suitable alternative or if you reasonably reject any suitable alternatives, Sea to Sky Wilderness Adventures may provide you with a refund for unused products or services as determined in its discretion.
11. FLEXIBILITY & UNUSED SERVICES
You acknowledge that the nature of adventure travel requires flexibility and acknowledges that they will permit reasonable alterations to products, services or itineraries by the Sea to Sky Wilderness Adventures. The route, schedules, accommodations, activities, amenities, and mode of transportation are subject to change without notice due to unforeseeable circumstances or events outside the control of Sea to Sky Wilderness Adventures (including but not limited to Force Majeure, illness, mechanical breakdown, flight cancellations, strikes, political events and entry or border difficulties). No reimbursements, discounts or refunds will be issued for services that are missed or unused after departure due to no fault of the Sea to Sky Wilderness Adventures, including your removal from a Trip because of your negligence or breach of these Terms.
Changes made by the Sea to Sky Wilderness Adventures: Sea to Sky Wilderness Adventures may modify your itinerary where reasonably required in its sole discretion. If Sea to Sky Wilderness Adventures makes a change which materially affects the character of a product or service in its entirety (a “Material Change”), Sea to Sky Wilderness Adventures will provide notice to you as soon as reasonably possible, provided that there is sufficient time to do so before departure. If a Material Change is made more than 14 days before departure, you may choose to:
i) accept the Material Change and proceed with the amended product or service;
ii) cancel the amended product or service and receive a full refund for the land-only portion of the applicable product or service (a refund is not available for other products or services booked which are not subject to a Material Change).
Once a Trip has departed, itinerary changes may be necessary as a result of unforeseen circumstances, operational concerns, or concerns for your health, safety, enjoyment or comfort. Any changes are at the discretion of the Sea to Sky Wilderness Adventures. You acknowledge that you must have reasonable financial resources to cover incidental expenses during all travel with the Sea to Sky Wilderness Adventures, whether or not such expenses arise from a change of itinerary, and Sea to Sky Wilderness Adventures is not liable for your failure to prepare adequately for travel and unforeseen circumstances which may arise during travel. Sea to Sky Wilderness Adventures will not be liable for any indirect and or consequential losses associated with any changes to a booking or itinerary.
Changes made by you: You are responsible for ensuring that information provided to Sea to Sky Wilderness Adventures is accurate and up-to-date. Any changes to your name on any booking are subject to the Sea to Sky Wilderness Adventures approval. Any changes to a booking depend on availability and are subject to the Sea to Sky Wilderness Adventures approval and these Terms. Any extra costs incurred for making the change will be charged to you along with an administrative fee. Cancellation of any Trip, product or service included in a booking will not be considered a change for purposes of this section and will be governed by the applicable cancellation terms. No changes are permitted to any booking within 10 days of departure of the first product or service on the applicable booking.
13. ACCEPTANCE OF RISK
You acknowledge that adventure travel and the products and services offered by Sea to Sky Wilderness Adventures may involve a significant amount of risk to your health and safety. By traveling on Sea to Sky Wilderness Adventures you acknowledge that you have considered any potential risks to health and safety. You hereby assume responsibility for all such risk and releases Sea to Sky Wilderness Adventures from all claims and causes of action arising from any losses, damages or injuries or death resulting from risks inherent in travel, including adventure travel specifically and participating in adventurous activities such as those included in Trip itineraries or otherwise offered by Sea to Sky Wilderness Adventures.
You will be required to complete and remit Release of all Claims, Waiver, of Liability & Assumption of Risk prior to your departure on a Trip. Failure to complete and sign this document will result in your exclusion from participating on the trip, and all financial penalties covered in Terms and Conditions will apply.
You agree to bring any complaints to Sea to Sky Wilderness Adventures as soon as possible in order to provide Sea to Sky Wilderness Adventures with the opportunity to properly address such complaints. You agree to inform your Trip leader, another representative of Sea to Sky Wilderness Adventures or the Sea to Sky Wilderness Adventures office directly. Sea to Sky Wilderness Adventures assumes no liability for complaints that are not properly brought to the attention of Sea to Sky Wilderness Adventures and cannot resolve or attempt to resolve complaints until proper notice is provided. Any complaint made after the completion of a Trip must be received in writing by Sea to Sky Wilderness Adventures within 30 days of the last day of travel of the booking in question.
14. SEA TO SKY WILDERNESS ADVENTURES IS NOT LIABLE FOR THIRD PARTY SUPPLIERS
Sea to Sky Wilderness Adventures makes arrangements with accommodation providers, activity providers, airlines, coach companies, transfer operators, trip operators, Trip, and local guides, and other independent parties (“Third Party Suppliers”) to provide you with some or all of the components of your booking. Third-Party Suppliers may also engage the services of local operators and sub-contractors. Although Sea to Sky Wilderness Adventures takes all reasonable care in selecting Third Party Suppliers, Sea to Sky Wilderness Adventures is unable to control Third Party Suppliers, does not supervise Third Party Suppliers and therefore cannot be responsible for their acts or omissions. Any services provided by Third Party Suppliers are subject to the terms and conditions imposed by these Third Party Suppliers and their liability is limited by their tariffs, conditions of carriage, tickets, and vouchers and international conventions and agreements that govern the provision of their services. These may limit or exclude liability of the Third Party Supplier. You acknowledge that Third-Party Suppliers operate in compliance with the applicable laws of the countries in which they operate and Sea to Sky Wilderness Adventures does not warrant that any Third Party Supplier is in compliance with the laws of your country of residence or any other jurisdiction.
SEA TO SKY WILDERNESS ADVENTURES IS NOT LIABLE AND WILL NOT ASSUME RESPONSIBILITY FOR ANY CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ARISING OUT OF INCONVENIENCE, LOSS OF ENJOYMENT, UPSET, DISAPPOINTMENT, DISTRESS OR FRUSTRATION, WHETHER PHYSICAL OR MENTAL, RESULTING FROM THE ACT OR OMISSION OF ANY PARTY OTHER THAN SEA TO SKY WILDERNESS ADVENTURES.
Sea to Sky Wilderness Adventures is not liable for the acts or omissions, whether negligent or otherwise, of Third Party Suppliers or any independent contractors.
15. OPTIONAL EXTRAS
“Optional Extras” refers to any activity, transportation, meal, product or service not expressly included in the Trip itinerary or price of the Trip and do not form part of the Trip. You agree that any assistance given by the Sea to Sky Wilderness Adventures representative(s) in arranging, selecting, or booking, any Optional Extras is purely at your request and Sea to Sky Wilderness Adventures makes no warranties and expressly disclaims any liability whatsoever arising from participation in Optional Extras or any information provided by any representative of Sea to Sky Wilderness Adventures regarding any Optional Extras. You release Sea to Sky Wilderness Adventures from all claims and causes of action arising from any damages, loss of enjoyment, inconvenience, or injuries related to or arising from participation in or booking of Optional Extras.
You acknowledge and agree that any liability for loss, damages, death, personal injury, illness, emotional distress, mental suffering or psychological injury or loss of or damage to property associated with Optional Extras is the sole responsibility of the third party providing that service or activity.
16. FORCE MAJEURE
Sea to Sky Wilderness Adventures will not be liable in any way for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for Sea to Sky Wilderness Adventures failure to commence, perform or complete any duty owed to you if such death, delay, bodily injury (including emotional distress or injury), illness, damage or other loss or detriment to person or property is caused by Act of God, pandemic (contagious viruses), war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, howsoever and where so ever any of the same may arise or be caused, riot, insurrection and government restraint, fire, extreme weather or any other cause whatsoever beyond the reasonable control of the Sea to Sky Wilderness Adventures; or an event which Sea to Sky Wilderness Adventures or the Third Party Supplier of services, even with all due care, could not foresee any and all of which, individually and collectively, constitute “Force Majeure”.
17. IMAGES AND MARKETING
You agree that, while participating in any Trip, images, photos or videos may be taken by other participants, Sea to Sky Wilderness Adventures or its representatives that may contain or feature you. You consent to any such pictures being taken and grants a perpetual, royalty-free, worldwide, irrevocable license to the Sea to Sky Wilderness Adventures, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.
If any provision of these Terms is so broad as to be unenforceable, such provision will be interpreted to be only so broad as is enforceable. The invalidity or unenforceability of any provision hereof will in no way affect the validity or enforceability of any other provision.
19. CONTRACT PARTIES & SUCCESSORS
These Terms will inure to the benefit of and be binding upon the parties and their respective heirs, legal and personal representatives, executors, estate trustees, successors, and assigns.
20. APPLICABLE LAW
The Contract and these Terms are to be interpreted pursuant to laws of Canada: Her Majesty the Queen in Right of Canada, the Province of British Columbia, and understand that if I have any questions regarding this and the waiver of my rights I shall consult a lawyer prior to signing this agreement.
Sea to Sky Wilderness Adventures reserves the right to update or alter these Terms at any time and will post the amended Terms on the Sea to Sky Wilderness Adventures website at bcyukonexpeditions.com under terms and conditions. Any amendment will take effect 10 days after being posted to the Sea to Sky Wilderness Adventures website. An up to date copy of these Terms, as amended, may be accessed at any time on the Sea to Sky Wilderness Adventures website and will be sent to you upon written request to the Sea to Sky Wilderness Adventures. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the Sea to Sky Wilderness Adventures website. Sea to Sky Wilderness Adventures recommends that you refer to the Terms prior to travel to familiarize themselves with the most up-to-date version available.
Sea to Sky Wilderness Adventures works in tandem with Sea to Sky Expeditions and Coastal Bliss Adventures to offer and operate the best in adventure tours. Owners of Sea to Sky Expeditions and Coastal Bliss Adventures are former lead guides employed by Sea to Sky Wilderness Adventures. It is this training and reputation that Sea to Sky Wilderness Adventures is confident in their operations.
All participants are required to sign the following waiver before they can be included in our adventures. The waiver is standard in the industry and has been prepared after legal counsel. If you cannot agree to its terms/conditions, DO NOT book an adventure with us.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS and INDEMNITY AGREEMENT
(the “Release Agreement”) BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOR INJURY
PLEASE READ CAREFULLY! Initial Here ____
To: Sea to Sky Wilderness Adventures & 1064435 B.C. Ltd. doing business as “Sea to Sky Expeditions” , and its directors, officers, employees, volunteers, agents, representatives, contractors, subcontractors, successors and assigns (collectively, the “RELEASEES”)
This Release Agreement shall apply to all activities, events, trips and/or services provided by the Releasees, including but not limited to: hiking, kayaking, canoeing, sailing, dog sledding, rafting, rock climbing, rope climbing, mountaineering, wilderness travel, camping, meals, water supply, swimming, accommodation, and all forms of motorized transportation provided by the Releasees (collectively, the “Activities”).
ASSUMPTION OF RISKS
I am aware of the dangers and risks inherent in my participation in the Activities and related activities and that such dangers and risks CAN BE HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH, including but not limited to: slips and falls while hiking, aches, pain, sprains, broken bones or muscle soreness as a result of participation in the Activities; slips and falls while boarding or disembarking from a kayak or motorized vehicle; hypothermia due to exposure to cold water or other weather conditions; drowning due to variation in water conditions, surfaces and currents, including high waves and tides, changing inclement weather conditions including storms, high wind, snow, lightening or fog; collisions with rocks, trees, dead fall, boating equipment, other kayaks or motorized boats; equipment failure or improper use of equipment; increased difficulty maintaining personal hygiene; accidents that occur while hiking and camping including steep slopes in their natural state that may contain obstacles and hazards and terrain that may not have been travelled and/or climbed before and that is not regularly patrolled or inspected; variation in terrain including holes, depressions, loose gravel, rocks, mud, roots, seaweed, algae, barnacles, forest deadfall, or other natural or man-made objects on or adjacent to the trails; integrity of man-made structures including tent platforms, benches, tables, toilets; inability to obtain medical assistance due to remoteness of locations; encounters with wild or domestic animals, becoming lost or separated from one’s guide, or party; failure to act safely or within one’s ability to stay within designated areas; and negligence of other persons. I AM AWARE THAT ONE OF THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES IS NEGLIGENCE ON THE PART OF THE RELEASEES OR OTHER PARTICIPANTS, INCLUDING THE FAILURE OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF THE ACTIVITIES, SOME, BUT NOT ALL OF WHICH ARE REFERRED TO ABOVE. I VOLUNTARILY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
I understand, acknowledge, and agree that the physical demands of the Activities, on me as a participant require that I am medically, physically, and emotionally fit and fully able to participate in the Activities and that my clothing and equipment are satisfactory for participating in the Activities.
I further understand, acknowledge and agree that the Releasees specifically prohibit the use of alcohol and any non-prescription drugs during the Activities and Participant confirms they will not participate in the Activities under the influence of alcohol or drugs or when the prior use of alcohol or non-prescription drugs may affect Participants ability to participate in the Activities in any way, whatsoever.
- RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENTIn consideration of being permitted by the Releasees to participate in the Activities and permitting my use of their equipment, if any, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the RELEASEES and to release the RELEASEES of and 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 the Activity DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY DUTY OF CARE INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, RSBC, 1996, C.337 ON THE PART OF THE RELEASEES, AND ALSO INCLUDING ANY FAILURE ON THE PART OF THE RELEASEE’S TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT THE PARTICIPANT FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES of and from any and all claims and liability, including all related legal fees and expenses, for any property damage, loss, personal injury or death to any third party, arising from or in any way connected with my participation in the Activities.
- 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.
- Any litigation, actions, suits, or claims against or involving the RELEASEES shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the courts of Courtenay or Surrey, British Columbia.
- That this Release Agreement shall be effective and binding upon my spouse, children, parents, heirs, next of kin, executors, administrators, successors, assigs and representatives in the event of my death or incapacity.
- I am solely responsible for all costs of rescue and/or medical attention rendered to me, or for my benefit, arising from the Activities and I expressly indemnify and hold harmless the Releasees from any and all liability in respect of any and all such costs.
IMAGES AND MARKETING – You agree that, while participating in any of our adventures, images, photos, or videos may be taken by other participants, Sea to Sky Wilderness Adventures or its representatives that may contain or feature you. You consent to any such pictures being taken and grant a perpetual, royalty-free, worldwide, irrevocable license to the Sea to Sky Wilderness Adventures, its contractors, sub-contractors and assigns, to reproduce for any purpose whatsoever (including marketing, promotions and the creation of promotional materials by or with sub-licensees), in any medium whatsoever, whether currently known or hereinafter devised, without any further obligation or compensation payable to you.
I CONFIRM that in entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the RELEASEES, or the lack of such representations or statements with respect to the safety of the Activities.
I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I, MY HEIRS, NEXT OF KIN, EXECUTORS, ASSIGNS, ADMINISTRATORS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
Consent for Minors Please complete this section if you are consenting for a minor under 19 years old and you are that minor’s parent or legal guardian.
I CONFIRM I AM THE PARENT OR LEGALLY APPOINTED GUARDIAN OF THE PARTICIPANT NAMED BELOW WHO IS A MINOR. I HAVE THE LEGAL AUTHORITY TO REPRESENT AND BIND THAT PERSON AND CONFIRM I AM AT LEAST 19 YEARS OLD. I AM AWARE THAT BY SIGNING THIS RELEASE AND WAIVER I AM ASSUMING CERTAIN RISKS AND WAIVING CERTAIN LEGAL RIGHTS WHICH I AND/OR PARTICIPANT MAY HAVE AGAINST THE RELEASED PARTIES.
Name of Minor Participant: __________________________
Signature of Parent/Guardian Name of Parent/Guardian
Model Consent and Release (“Release”)
I, the undersigned, acknowledge and agree with Sea to Sky Wilderness Adventures/Sea to Sky Expeditions and its authorized representatives, employees, contractors and assigns (“Photographer”) as follows:
Application I understand that this Release applies to any and all photographs, video or other media (“Media”) of me or my property made by Photographer and to any reproductions of the Media.
Grant of Right I grant Company an irrevocable, perpetual and unrestricted right to take, re-use, re-touch, publish and republish the Media in which I may be included, in whole or in part, in perpetuity and that Company is not obligated to notify me of the publications or other use of the Media.
Future Use. I consent and authorize the use of the Media by Photographer for any reasonable and related purpose of Photographer’s business, including in online or printed publications, advertising, marketing and promotional materials, use on any and all social media platforms and any other commercially reasonable purpose.
Ownership. I acknowledge and agree that all ownership, rights and copyright to Media and any copies or reproductions of Media are the sole property of Photographer. Photographer may protect the copyright, dispose of or authorize the use of any or all such rights in the Media in any manner, whatsoever, including the sale or assignment of the Media to third-parties. I confirm and agree that the publishing of the Media confers no rights, ownership or royalties owed whatsoever to myself, and that participation as subject of the Media is completely voluntary.
No Financial Compensation. I will not receive any financial compensation of any type associated with the taking or publishing of the Media including the payment of any royalties.
Indemnification. Model indemnifies and releases Photographer from any and all claims, liability, and damages, related to the use of the Media, either directly or indirectly, including, without limitation, any liability arising from any alteration to the Media, whether intentional or otherwise, that may occur during the making or subsequent use of the Media.
Governing Law. This Release shall be governed by the laws of the province of British Columbia. Any disputes arising from this Release shall be submitted to and heard in the courts of British Columbia, Canada.
Model Release. I release my image and likeness for use in the Media and understand these images and/or video footage may be used for any purpose of or relating to Photographer’s business.
I confirm I am at least 18 years old or more and have read, and understand and voluntarily accept these terms and conditions.
__________________________ __________________________ __________________________ Name Signature Date
OPTIONAL CONSENT FOR MINORS IF APPLICABLE I am the parent or legally appointed guardian of the person named below who is under the age of 18 years old. I confirm I am at least 18 years old and I have the legal authority to represent and bind that person. I have read this form and understand and voluntarily agree to be bound by its contents.
Name of Minor: ________________________________ __________________________ _________________________
Guardian/Parent: _________________________ Signature: ________________________________ Date: _________