Release of Liability

 Release of Liability

 RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter the “Release Agreement”)

BY READING THIS DOCUMENT AND PURCHASING AN ULLR MAP, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
PLEASE READ CAREFULLY!

ULLR MAPS LTD. , HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, and their respective directors, officers, employees, agents, guides, instructors, coaches, volunteers, independent contractors, subcontractors, sponsors, successors, assigns, representatives, shareholders, affiliates and subsidiaries (all of whom are hereinafter referred to as “the Releasees”).

In this Release Agreement, the term “wilderness activities” shall include all activities, services provided,arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but not limited to: Skiing, snowboarding, telemarking, ski touring, split boarding, snow shoeing, hiking, mountain biking and other forms of winter / summer travel;

In this Release Agreement, the term “Map Product” shall include all activities, products, events and services provided, arranged, organized, conducted, sponsored, or authorized by the Releasees and shall include, but is not limited to: digital and printed maps; individual mapping components, including contour elevation markers, contour line placement, geographical coordinates, datums, projections, magnetic declination, legends and scales;

I am aware that participating in Skiing, snowboarding, telemarking, ski touring, split boarding, snow shoeing, hiking, mountain biking and other forms of winter / summer travel (hereinafter collectively referred to as “wilderness activities“) inside, or beyond the ski/bike area boundary involves many inherent risks, dangers and hazards including, but not limited to: boarding, riding and disembarking ski lifts; changing weather conditions; exposed rock, earth, ice, or other natural objects; trees, tree wells, tree stumps and forest dead fall; the condition of mountain bike trails including changes in dirt consistency; the condition of snow or ice on or beneath the snow surface; changes or variation in the terrain used for skiing, snowboarding, telemarking, touring and mountain biking which may create blind spots or areas of reduced visibility; changes or variations in the snow surface or subsurface, including changes due to man-made or artificial snow; variable and difficult snow conditions; streams, creeks and exposed holes in the snow pack above streams or creeks; cliffs; crevasses; impact or collision with lift structures, fences, summer construction vehicles, snow making equipment, snow grooming equipment, snowcats, snowmobiles and other vehicles, equipment, structures, or objects or equipment used in connection with skiing, snowboarding, mountain biking and Special Events; snowcat roads, road-banks or cut-banks; impact or collision with other skiers, snowboarders, telemarkers, ski tourers and mountain bikers; avalanches; the failure to ride, ski or snowboard safely or within one’s own ability or within designated areas; ; negligence of other skiers, snowboarders, telemarkers, ski tourers and bikers, ; and NEGLIGENCE ON THE PART OF THE RELEASEES.

NEGLIGENCE includes failure on the part of the releasees to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with wilderness activities; and failure of the releasees to accurately map, mark and make visible bike trails and ski runs and their locations, ski area boundaries, specialized area boundaries (including, but not limited to: Training and Recreational areas), cliff/avalanche hazards, water reservoirs, creek hazards, ski hikes and traverses, closure sign lines, permanently closed areas, trails, roads and provincial park areas; and failure to produce an accurate mapping product, including but not limited to: Contour elevation markers, contour line placement, geographical coordinates, datums, projections, magnetic declination and scale.

I am also aware that the risks, dangers and hazards referred to above exist throughout the area used for skiing, snowboarding, telemarking, ski touring and mountain biking and that MANY ARE NOT MARKED ON ULLR MAPS. I understand and accept that ULLR MAPS ARE TO BE USED FOR GENERAL REFERENCE PURPOSES ONLY AND IN NO WAY IS THEIR ACCURACY GUARANTEED and I am solely responsible for decisions made while skiing, snowboarding, telemarking, ski touring and mountain biking. Furthermore, I understand and acknowledge that GPS features (including the ability to pinpoint one’s location) embedded in ULLR maps are approximations only. I understand that factors including satellite line of site, tree cover, terrain variations, proximity to man-made structures and interference from electronic devices can interfere with GPS signal reception and accuracy. I accept and acknowledge that the releasees cannot guarantee cell phone reception or GPS accuracy and that both are dependent on satellite and cellular networks and their respective signal strength. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH WILDERNESS ACTIVITIES 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.

In consideration of the Releasees allowing me use of their digital ski maps for the purpose of general reference only, 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 using ULLR maps and participating in wilderness activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, 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 THE RISKS, DANGERS AND HAZARDS OF WILDERNESS ACTIVITIES, AND FAILURE TO PRODUCE AN ACCURATE MAP PRODUCT.

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 activities and the use of map products;

3. The 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 Province of British Columbia and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO PURCHASING AN ULLR MAP AND I AM AWARE THAT  I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

Release of liability updated November 2017.