DEFINITION

The term "Wilderness Activity" shall apply to all activities, events and services provided, arranged, organized, sponsored or authorized by the Releasees, including but not limited to: boating, rafting, kayaking and canoeing; swimming; hiking; cliff jumping; backpacking; fishing; scrambling and climbing; backcountry travel, travel by power boats; use of safety equipment including personal floatation devices, helmets and wet suits; orientation and instructional sessions; all transportation and travel to and from rivers or wilderness locations; loading, unloading and travel by or movement in or around aircraft, vehicles, watercraft; and all related activities.

TRIP CANCELLATION / EVACUATION / MEDICAL INSURANCE

I understand and accept that there may be changes, delays or cancellation of the trip itinerary and I agree to release the Releasees from liability for any damage or expense for delay or cancellation of Wilderness Activity howsoever caused, including but not limited to: change in river, trail, weather conditions; force majeure; illness; strikes or other labour disruption; overbooking or downgrading of services; supplier bankruptcy or insolvency; mechanical failure of transportation or failure of any transportation to arrive or depart on time; or negligence or default on the part of the Releasees. I acknowledge that trip cancellation, evacuation and medical insurance is highly recommended and that it is my responsibility to arrange such insurance.

TRAVEL BY AIRCRAFT

I acknowledge that the Releasees have no control over aircraft or other carriers and cannot guarantee travel schedules, which may be altered or affected by various circumstances. The Releasees will not be liable for any change of travel schedule due to weather conditions or for any delayed or missed trip due to cancelled or delayed travel, including for any additional fees which may be incurred by me or for any special, incidental or consequential damages or losses arising from any of the foregoing. Weather conditions may be extreme and can change rapidly and without warning, making travel by aircraft hazardous. Communication in remote areas may be difficult and in the event of an accident, rescue and medical treatment may not be available.

ACKNOWLEDGEMENT – WATER SAFETY

I acknowledge that I have been advised to wear a personal floatation device (PFD), while boating, canoeing and kayaking while participating in all water activities. Instructions as to the proper use of the helmet and the personal floatation device are available from the guides. I am aware that boating, rafting, kayaking and canoeing may involve sudden, violent and unexpected movement of the raft, kayak or canoe, which may result in injury or aggravation of previous injuries. I have been advised to seek medical advice if I know or suspect that my physical condition may be incompatible with Wilderness Activity. I acknowledge I will not be under the influence of non-prescription drugs or alcohol while participating in Wilderness Activity. No person shall operate the watercraft while under the influence of alcohol or drugs.

ASSUMPTION OF RISKS

I am aware that participating in Wilderness Activity involves many risks, dangers and hazards including but not limited to: travel in remote wilderness locations where assistance, medical and first aid services and evacuation may not be readily available and communication may be difficult or not be possible; accidents which occur during transportation or travel to and from the water way or remote areas; slips, trips and falls; the overturning or upsetting of rafts, kayaks, canoes or other watercraft; sudden, violent and unexpected movement of watercraft; entrapment by trees, logs, rocks or equipment; drowning; hypothermia due to exposure to very cold water; falling from watercraft into long sections of continuous rapids; impact or collision with rocks, trees, logs, deadfall, watercraft, or raft equipment; encounters with domestic or wild animals including bears; high winds; equipment failure; variation in the water conditions, surfaces and currents; rock or mud slides; large or irregular ocean waves; accidents involving fishing; hiking, backpacking, walking on glaciers and snow, scrambling, climbing and backcountry travel; accidents involving calving glacial ice and icebergs; miscellaneous health problems related to over-exposure to water, the sun, insect bites, fatigue, stress, dehydration, exertion, high altitude, and lack of fitness; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; negligent first aid; and negligence of other participants in Wilderness Activity.

Participants may become lost or separated from their guide or party. Communication on the river and wilderness locations is difficult, and in the event of an accident, rescue and medical treatment may not be available.

I am also aware that there is a risk of NEGLIGENCE 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 OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN WILDERNESS ACTIVITY. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN WILDERNESS ACTIVITY 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 Wilderness Activity and permitting my use of their equipment, vehicles, parking and other facilities, 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 Wilderness Activity 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 ANY APPLICABLE OCCUPIER’S LIABILITY LEGISLATION, 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 OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN WILDERNESS ACTIVITY;
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 Wilderness Activity;
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 Northwest Territories and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Northwest Territory and shall be within the exclusive jurisdiction of the Courts of the Northwest Territories.
6. PHOTO/VIDEO RELEASE - I consent to photographs and/or video taken of me (and any minor children listed above) being used for advertising, promotional or marketing purposes.

I confirm that I have reviewed the information set out at yellowdoglodge.ca and I acknowledge that 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 Wilderness Activity, other than what is set forth in this Release Agreement and yellowdoglodge.ca.

I CONFIRM THAT I HAVE READ THE RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.