THE MOUNTAIN EXPLORER CORP.
WAIVER, RELEASE OF LIABILITY, ASSUMPTION OF RISKS, INDEMNITY AND MEDICAL AUTHORIZATION
READ CAREFULLY BEFORE SIGNING. BY SIGNING THIS DOCUMENT, YOU WILL GIVE UP CERTAIN LEGAL
RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE.
1. PARTIES AND BINDING AGREEMENT
This Waiver, Release of Liability, Assumption of Risks, Indemnity and Medical Authorization (the "Agreement") is made between The
Mountain Explorer Corp., including its business name The Mountain Explorer Co. (the "Company"), and the undersigned participant, or
the participant's parent or legal guardian if the participant is under 18 years of age (the "Participant"). This Agreement is intended to be a
legally binding contract and applies to the services, activities, transportation, stops, equipment, and related matters described below.
2. ACTIVITIES COVERED BY THIS AGREEMENT
In this Agreement, "Activities" means all services, activities, and arrangements provided, hosted, recommended, supplied, or made
available by the Company, whether before, during, or after a tour, including but not limited to: passenger transportation by van or other
vehicle; pickup and drop-off; entering, exiting, loading, unloading, and waiting for vehicles; sightseeing; walking; hiking; photography stops;
sunrise, daytime, sunset, evening, and stargazing tours; stops at viewpoints, lakeshores, parking areas, trailheads, washrooms,
boardwalks, stairs, paths, restaurants, shops, public facilities, roadsides, and similar locations; use of blankets, headlamps, hiking poles, ice
cleats, umbrellas, sit pads, drinks, snacks, or other comfort items or basic equipment; route suggestions, timing instructions, safety
reminders, commentary, and incidental assistance; and all movement, free time, independent exploration, or return arrangements
connected in any way with the Company's services.
3. COMPANY ROLE AND LIMITS OF SERVICE
The Company provides transportation-based sightseeing experiences. Company staff may drive, host, coordinate timing, provide local
commentary, offer general route information, accompany guests for portions of a walk or hike, assist with photos, or give basic safety
reminders. The Company does not guarantee safety, does not provide continuous individual supervision, and does not provide technical
climbing, mountaineering, rope work, glacier travel, avalanche assessment, swimming supervision, medical services, rescue services, or
professional instruction unless expressly agreed in writing.
Participants may have scheduled free time and may choose to separate from the group, move at their own pace, take photographs, walk,
hike, eat, shop, remain at a location, or arrange an independent return. Any such decision is voluntary and is undertaken at the Participant's
own risk.
I UNDERSTAND THAT PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY. I AM AWARE THAT THE ACTIVITIES INVOLVE RISKS,
DANGERS AND HAZARDS, INCLUDING RISKS CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES. I FREELY ACCEPT
AND FULLY ASSUME ALL SUCH RISKS, INCLUDING THE POSSIBILITY OF PERSONAL INJURY, DEATH, ILLNESS, PROPERTY
DAMAGE, LOSS, DELAY, OR EXPENSE.
4. ACKNOWLEDGEMENT OF RISKS, DANGERS AND HAZARDS
I acknowledge and understand that the Activities involve risks, dangers and hazards, both known and unknown, including but not limited to: motor
vehicle collisions, rollover, sudden stops, evasive maneuvers, wildlife or objects on roads, road shoulders, debris, rockfall, poor visibility, traffic,
mechanical issues, driver error, and the acts or omissions of other drivers; slips, trips and falls while entering or exiting vehicles or moving around
stops; uneven, wet, icy, snowy, muddy, gravel, rocky, rooted, crowded, or poorly lit surfaces; stairs, edges, viewpoints, cliffs, boardwalks, bridges,
docks, lakeshores, water, moving water, and other natural or built features; fatigue, dehydration, altitude effects, motion sickness, allergic
reactions, asthma, cardiac events, panic, pre-existing medical conditions, and illness; cold, heat, rain, wind, lightning, smoke, darkness, sun
exposure, rapidly changing weather, and seasonal conditions; encounters with wildlife, insects, plants, domestic animals, or other people; loss,
theft or damage to personal property; and mistakes, omissions, incomplete information, inadequate warnings, delayed assistance, or negligent first
aid or emergency response.
Many places visited are public areas not owned, inspected, maintained, controlled, or secured by the Company. Conditions may change without
notice. Communication may be unavailable or unreliable, and rescue, medical treatment, evacuation, replacement transportation, or assistance
may be delayed or unavailable.
5. PARTICIPANT REPRESENTATIONS AND RESPONSIBILITIES
I represent that I am physically and mentally able to participate in the Activities I choose. I will disclose before departure any medical,
mobility, allergy, medication, pregnancy-related, balance, vision, hearing, respiratory, heart, seizure, recent surgery, or other condition that
may affect my safe participation. I will not participate while impaired by alcohol, cannabis, illegal drugs, or impairing medication. I am
responsible for my own judgment, clothing, footwear, water, personal medication, health needs, valuables, and personal items.
I will wear a seatbelt whenever required or directed, comply with child restraint requirements, follow reasonable safety instructions, obey
laws, park rules, traffic directions, closures, posted warnings, wildlife guidance, and return times, remain within designated public areas
unless I knowingly choose otherwise at my own risk, and immediately report any injury, illness, separation, unsafe condition, or late return to
Company staff.
The Mountain Explorer Corp. - Waiver, Release of Liability, Assumption of Risks and Indemnity Page 2
6. RELEASED PARTIES AND NEGLIGENCE
The "Released Parties" are the Company; its owners, directors, officers, employees, contractors, drivers, hosts, volunteers, agents,
affiliates, successors, assigns, vehicle owners or lessors, suppliers, landowners, land managers, and any person or entity for whom the
Company is required or permitted to obtain a release. In this Agreement, "negligence" includes careless acts or omissions, failure to warn,
failure to protect or supervise, failure to provide complete or accurate instructions, errors in judgment, negligent driving or hosting, negligent
first aid, and breach of any statutory, contractual, occupiers' liability, or other duty of care.
RELEASE AND WAIVER OF CLAIMS: IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE, I WAIVE, RELEASE AND
DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, LOSSES, DAMAGES, COSTS,
EXPENSES AND LIABILITIES ARISING FROM OR RELATED TO THE ACTIVITIES, INCLUDING CLAIMS FOR PERSONAL INJURY,
DEATH, ILLNESS, PROPERTY DAMAGE, ECONOMIC LOSS, DELAY, MISSED PICKUP, LOST ENJOYMENT, BREACH OF
CONTRACT, BREACH OF STATUTORY DUTY, OCCUPIERS' LIABILITY, AND NEGLIGENCE OF THE RELEASED PARTIES.
7. SCOPE OF RELEASE
This release applies to all claims connected with transportation; stops; entering or exiting vehicles; walking, hiking, sightseeing,
photography, or waiting; use or non-use of equipment; food, drinks, comfort items, route suggestions, timing instructions, or commentary;
separation from the group; free time; missed pickups; independent return transportation; changes to routes, stops, or schedules; and any
incident occurring before, during, after, or in connection with the Activities. This Agreement binds me and, to the extent permitted by law, my
heirs, next of kin, personal representatives, executors, administrators, insurers, successors, and assigns.
8. INDEMNITY
I agree to indemnify and hold harmless the Released Parties from any claim, demand, action, loss, damage, expense, or legal cost arising
from my acts or omissions, my breach of this Agreement, my failure to follow instructions or laws, my property, my independent decisions
during free time, or any claim brought by or for another person arising from my conduct.
9. OPTIONAL EQUIPMENT AND ASSISTANCE
If the Company provides or makes available any equipment or comfort item, I choose whether to use it and accept the risks of using or not using it.
Equipment may not fit perfectly, may fail, may be used incorrectly, and is provided as a convenience only. Any physical assistance offered by
Company staff, such as a hand for balance or help with stairs, is limited, voluntary, may be refused or stopped for safety reasons, and does not
transfer responsibility for my footing, balance, pace, or decisions.
10. EMERGENCY MEDICAL AUTHORIZATION
I authorize the Company and its representatives to provide basic first aid and to arrange emergency medical treatment, evacuation, or
transportation if they reasonably believe it is necessary. I understand that emergency response may be delayed by location, traffic, weather,
crowding, or communication limitations, and I am responsible for all related costs not covered by my own insurance.
11. CHANGES, REFUSAL OF SERVICE AND LIMITATION
The Company may change or cancel routes, stops, timing, seating, vehicles, or itineraries for safety, weather, wildlife, closures, congestion,
government direction, vehicle issues, or operational needs. The Company may refuse or end participation for impairment, unsafe conduct, failure
to follow instructions, late return, or inability to participate safely. Without limiting the release above, any liability for non-personal-injury losses,
including delays, substitutions, missed stops, inconvenience, or service interruptions, is limited to the amount paid for the specific service at issue.
12. MEDIA AND INCIDENT DOCUMENTATION
The Company may record photo, video, audio, or written information for safety, incident, insurance, training, or legal documentation. Promotional
use of my image or voice is optional and may be accepted or declined at signing. Refusing promotional consent does not affect participation.
13. GENERAL TERMS
I confirm that I have read this Agreement, understand it, and sign it voluntarily. I am not relying on any oral or written statement about safety that is
inconsistent with this Agreement. This Agreement is governed by the laws of Alberta and the federal laws of Canada applicable there. Any dispute
must be brought only in the courts of Alberta. If any provision is unenforceable, it will be read down or severed and the rest will remain effective.
This Agreement controls all release, waiver, assumption of risk, indemnity, and risk-allocation issues even if booking terms address payment,
cancellation, scheduling, or other commercial matters. If signed electronically, I agree that my electronic signature has the same effect as a
handwritten signature. Unless replaced by a newer waiver, this Agreement applies to all Activities with the Company for 24 months from the date
signed.
I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT. I UNDERSTAND THAT I AM GIVING UP IMPORTANT
LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE. I SIGN FREELY AND VOLUNTARILY AND INTEND THIS
AGREEMENT TO BE A COMPLETE RELEASE AND INDEMNITY TO THE FULLEST EXTENT PERMITTED BY LAW.
The Mountain Explorer Corp. - Waiver, Release of Liability, Assumption of Risks and Indemnity Page 3
14. SIGNATURES
BY SIGNING BELOW, I CONFIRM THAT I HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE
BOUND BY IT. I UNDERSTAND THAT I AM WAIVING LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR
NEGLIGENCE.
Adult Participant
Tour / Activity Date: _______________________________________________
Participant Name (print): ___________________________________________
Participant Signature: ______________________________________________
Promotional photo/video/audio consent (optional):
[ ] I CONSENT to promotional use of my image and voice. [ ] I DO NOT CONSENT to promotional use.
For a Participant Under 18 Years of Age
I am the parent or legal guardian of the minor participant named below. I consent to the minor's participation. I have explained the risks,
dangers, hazards, release, waiver, and indemnity to the minor to the extent appropriate. I agree to this Agreement for myself and, to the
fullest extent permitted by law, on behalf of the minor, and I agree to indemnify the Released Parties against claims brought by or on behalf
of the minor arising from the minor's participation, except to the extent prohibited by law.
Minor Participant Name (print): _____________________________________
Parent / Guardian Name (print): _____________________________________
Parent / Guardian Signature: ________________________________________
Emergency Contact Name: ______________________________ Phone: ______________________________