Liability Waiver

The Chilko Experience

ACKNOWLEDGMENT OF RISK AND RELEASE

In connection with my booking a vacation trip at the Chilko Experience including any pre or post extensions I agree to the following:

Business Identity

Charly’s Guest Ranch was incorporated in 2000. In 2012 it began doing business as The Chilko Experience. They are one and the same and will be referred to as “CE” in this document. A vacation booking at the CE will be referred to as simply “Trip”.

Risks

I acknowledge that:

The CE is a remote wilderness lodge that offers adventure travel experience to guests. Guests are allow to participate in elective activities during their Trip that offer the opportunity for physical activity that can be demanding depending on the condition of the traveler and involve risk of serious personal injury including permanent disability and death from accident, illness or the negligence of other persons, including CE personnel, agents or independent contractors whose services are provided in connection with the Trip. Medical facilities are not easily accessible and may not be sophisticated. There are other risks associated with the Trip such as theft or loss of or damage to property. In addition, some of the services provided in connection with the Trip are purchased from independent contractors over whom CE has no control.

I acknowledge that I am responsible for any damage to lodge property or equipment arising from my use, including but not limited to ATVs. I agree to operate all equipment in a safe and responsible manner and understand that I may be held financially liable for repair or replacement costs resulting from misuse, negligence, or intentional damage.

ATV Use – Specific Acknowledgment

I acknowledge and agree to the following terms specific to ATV use at The Chilko Experience:

·      ATVs are to be operated by adults only. Guests under the age of 16 are prohibited from operating an ATV independently under any circumstances, but may ride as a passenger with a participating adult on lodge property.

·      ATVs must not be taken off lodge property without the express permission and supervision of CE staff.

·      All operators must follow the safety instructions provided by CE staff prior to use, and must wear helmets and any other safety equipment provided at all times. Failure to comply may result in the activity being withdrawn.

·      I acknowledge that ATV use carries inherent risks including loss of control, collision, and serious injury or death, and I accept full responsibility for my participation in this activity and that of any minor in my care.

·      I agree that CE, its employees, agents, and independent contractors shall not be held liable for any injury, death, or property damage arising from ATV use, except in cases of reckless or fraudulent conduct on the part of CE.

·      CE is responsible for normal wear and tear arising from daily ATV operations, including mechanical issues such as flat tyres, punctured radiators, and transmission failures. These costs are for the account of CE. However, vehicle structural damage caused by operator error is not covered and will be charged to the guest. Repair costs begin at $2,000 CAD per incident, with total write-off replacement valued at approximately $9,000 USD.

Limitation of Liability and Release

I understand and have carefully considered the risks involved in taking a trip of this nature. I agree that the CE will not be responsible for and I assume all risk and accept full responsibility for any and all physical or mental injury including permanent disability and death, damages or loss to property even if caused or alleged to have been caused in whole or in part by the conduct, including the negligence, of the CE, or any of its employees, agents or independent contractors.

I further agree that I will not sue the CE, its employees, agents and independent contractors in respect of, and I hereby forever release and hold harmless the CE, its employees, agents and independent contractors from, any claims for physical injury, permanent disability or death or for damage to or loss of any property arising in connection with my participation in the Trip including any claims made against me as a result of any of my actions on the Trip.

Notwithstanding any of the above, if I have suffered any loss due to any reckless or fraudulent conduct on the part of the CE, its employees, agents or independent contractors, I retain the right to sue only the reckless or fraudulent party and not any other parties in respect of that conduct.

I intend that this Acknowledgement of Risk and Release will apply to my Trip with the CE, which includes any pre-trip option or post-trip extension which I may enrol for at a later date.

I intend that this Acknowledgement of Risk and Release, will be binding upon my heirs, successors and legal personal representatives, and I agree that any claim or dispute arising out of or relating to this Acknowledgement of Risk and Release, the Trip, or my relationship with the CE will be resolved exclusively in the courts of the Province of British Columbia and will be governed exclusively by British Columbia law.

I have carefully read the above Acknowledgement of Risk and Release. I understand that I have given up substantial rights and potential remedies by signing it and I nevertheless sign it voluntarily and knowingly.