Release of Liability
UP NORTH ADVENTURES LTD.
RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
PLEASE READ CAREFULLY
Initial Here
TO: UP NORTH ADVENTURES LTD. (hereinafter referred to as "the Operator"), and its directors, officers,
employees, agents, guides, instructors, volunteers, sponsors, independent contractors, sub-contractors,
and representatives and their respective heirs, executors, administrators, successors, representatives and
assigns (together with the Operator, hereinafter collectively referred to as the "Releasees")
DEFINITION
In this agreement the term “Activities" shall include all activities in any way related to the recreational activities, guiding, tours, guided tours, rentals or
any other services, activities, or goods provided and offered by the Operator and Releasees, including, but not limited to, orientation and instruction
sessions, transportation or travel to and from trailheads, lakes and rivers, loading and unloading of vehicles and boats, backcountry travel, hiking,
canoeing, kayaking stand up paddle boarding, fishing, summer camping, boat tours, ATV riding, ice fishing, snowmobiling, snowshoeing, winter camping,
back country activities, dog sledding, air travel in small aircraft, UTV riding, biking, transportation/shuttle services, filming and photography, aurora
viewing, skiing and all activities on or in the river and lakes.
AKNOWLEDGEMENT- BOATING SAFETY
I acknowledge that I have been advised to wear a lifejacket while participating in the Activities. Instruction as to the proper use of the lifejacket is
available from the guides. I am aware that the physical exertion required of the Activities and the forces exerted on the body can activate and
aggravate pre-existing physical injuries, conditions, symptoms or congenital defects. I have been advised to seek medical advice if I know or
suspect that my physical condition may be incompatible with the Activities. I acknowledge that I amnot nor will I be under the influence of drugs or
alcohol while participating in the Activities.
ASSUMPTION OF RISK
I am aware that the Activities involve many risks, dangers and hazards, both known and unknown, including, but not limited to: accidents
which may occur during transportation or travel to and from tr a i l h e a d s , the river and lakes; the overturning or upsetting of boats; falling from the
boat while on the river or lake, falling into long sections of continuous rapids; impact or collision with rocks, trees, logs, deadfall, power boats, rafts or
other vessels, and boating equipment; sudden violent and unexpected movement of the boat; entrapment by trees, logs, rocks or equipment;
swimming;accidents or illness in remote places without access to medical facilities; col l isions or overturning of snowmobi les and at vs,
hypothermia due to exposure to very cold water or temperatures, hiking alongside mountainous terrain, and alongside rivers and lakes; variation in
the water conditions, (including high or low water, floods and flash floods), extreme cold temperatures , avalanches, blizzards, ice
storms, ice ups of lakes and rivers, surfaces and currents; high winds; equipment failure; encounters with domestic or wild animals; negligence
of other boaters; flying in fixed wing aircraft or helicopters, being in close proximity to machinery and aircraft/helicopters. I am also aware that backcountry
travel involves many risks, dangers and hazards, including but not limited to: steep slopes in their natural state that may contain obstacles and
hazards; avalanches, terrain that may not have been travelled on or climbed before and is not regularly patrolled or inspected; becoming lost or
separated from the guide or party; rock slides, rapid and extreme change in weather conditions; negligence of other participants. I am also aware
that there is a risk of NEGLIGENCE ON THE PART OF THE OPERATOR AND RELEASEES, INCLUDING THE FAILURE BY THE OPERATOR
AND RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS,DANGERS AND HAZARDS OF THE AC TIVITIES. I am aware
that the risks, dangers and hazards of the Activities are necessary for the Activities. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS,
DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES 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 OPERATOR and RELEASEES agreeing to my participation in the Activities and permitting my use of their equipment,
vehicles and other facilities (hereinafter referred to as the "facilities"), and for other good and valuable consideration, the receipt and sufficiency of
which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against THE OPERATOR AND THE RELEASEES AND
TO RELEASE, INDEMNIFY, HOLD HARMLESS AND FOREVER DISCHARGE THE OPERATOR AND THE RELEASEES from any and
all actions, causes of action, claims, demands and liability for any loss, liability, damage, costs (including court costs and lawyer fees on a
client/solicitor basis), expense or injury to person or property including death that I may suffer, or that my next of kin may suffer as a
result of my participation in the Activities and use of the facilities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE, IMPRUDENCE, LACK OF SKILL OR ERROR OF JUDGEMENT BY THE OPERATOR OR ANY OF THE
RELEASEES, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE,ON THE PART
OF THE OPERATOR OR THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE
OPERATOR OR THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND
HAZARDS OF THE ACTIVITIES OR USE OF THE FACILITIES REFERRED TO ABOVE;
Initial Here
2. TO HOLD HARMLESS AND INDEMNIFY THE OPERATOR AND THE RELEASEES from any and all liability for any property damage,
personal injury or death to any third party resulting from my participation in the Activities ;
3. That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, successors and
representatives, in the event of my death;
4. That this Agreement shall be govemed by and interpreted in accordance with the laws of the Yukon Territory;
5. That any litigation involving the parties to this Agreement shall be bought within the Yukon Territory; and
6. That in this Agreement, unless there is something in the subject-matter or context inconsistent therewith, words in the singular number include the
plural and such words shall be construed as if the plural had been used, and words in the plural include the singular and such words shall be
construed as if the singular had been used.
In entering into this Agreement I am not relying on any oral or written representations or statements made by the Operator and Releasees with
respect to the safety of the Activities, other than what is set forth in this Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING
THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS,
SUCCESSORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE OPERATOR AND THE RELEASEES.
Signed this day of __________________, 20_____ Signature of participant
Print name clearly
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN
Name
Address (street, city, country)
Witness
Ini al here
Contact number
Ini al here
UP NORTH ADVENTURES LTD. Q126401
RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
PLEASE READ CAREFULLY
TO: UP NORTH ADVENTURES LTD. (hereinafter referred to as "the Operator"), and its directors, officers,
employees, agents, guides, instructors, volunteers, sponsors, independent contractors, sub-contractors,
and representatives and their respective heirs, executors, administrators, successors, representatives and
assigns (together with the Operator, hereinafter collectively referred to as the "Releasees")
DEFINITION
In this agreement the term “Activities" shall include all activities in any way related to the recreational activities, guiding, tours, guided tours, rentals or
any other services, activities, or goods provided and offered by the Operator and Releasees, including, but not limited to, orientation and instruction
sessions, transportation or travel to and from trailheads, lakes and rivers, loading and unloading of vehicles and boats, backcountry travel, hiking,
canoeing, kayaking stand up paddle boarding, fishing, summer camping, boat tours, ATV riding, ice fishing, snowmobiling, snowshoeing, winter camping,
back country activities, dog sledding, air travel in small aircraft, UTV riding, biking, transportation/shuttle services, filming and photography, aurora
viewing, skiing and all activities on or in the river and lakes.
ACKNOWLEDGEMENT- BOATING SAFETY
I acknowledge that I have been advised to wear a life jacket while participating in the Activities. Instruction as to the proper use of the lifejacket is
available from the guides. I am aware that the physical exertion required of the Activities and the forces exerted on the body can activate and
aggravate pre-existing physical injuries, conditions, symptoms or congenital defects. I have been advised to seek medical advice if I know or
suspect that my physical condition may be incompatible with the Activities. I acknowledge that I am not nor will I be under the influence of drugs or
alcohol while participating in the Activities.
ASSUMPTION OF RISK
I am aware that the Activities involve many risks, dangers and hazards, both known and unknown, including, but not limited to: accidents
which may occur during transportation or travel to and from tr a i l h e a d s , the river and lakes; the overturning or upsetting of boats; falling from the
boat while on the river or lake, falling into long sections of continuous rapids; impact or collision with rocks, trees, logs, deadfall, power boats, rafts or
other vessels, and boating equipment; sudden violent and unexpected movement of the boat; entrapment by trees, logs, rocks or equipment;
swimming;accidents or illness in remote places without access to medical facilities; collisions or overturning of snowmobiles and at vs,
hypothermia due to exposure to very cold water or temperatures, hiking alongside mountainous terrain, and alongside rivers and lakes; variation in
the water conditions, (including high or low water, floods and flash floods), extreme cold temperatures , avalanches, blizzards, ice
storms, ice ups of lakes and rivers, surfaces and currents; high winds; equipment failure; encounters with domestic or wild animals; negligence
of other boaters; flying in fixed wing aircraft or helicopters, being in close proximity to machinery and aircraft/helicopters. I am also aware that backcountry
travel involves many risks, dangers and hazards, including but not limited to: steep slopes in their natural state that may contain obstacles and
hazards; avalanches, terrain that may not have been travelled on or climbed before and is not regularly patrolled or inspected; becoming lost or
separated from the guide or party; rock slides, rapid and extreme change in weather conditions; negligence of other participants. I am also aware
that there is a risk of NEGLIGENCE ON THE PART OF THE OPERATOR AND RELEASEES, INCLUDING THE FAILURE BY THE OPERATOR
AND RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS,DANGERS AND HAZARDS OF THE ACTIVITIES. I am aware
that the risks, dangers and hazards of the Activities are necessary for the Activities. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS,
DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES 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 OPERATOR and RELEASEES agreeing to my participation in the Activities and permitting my use of their equipment,
vehicles and other facilities (hereinafter referred to as the "facilities"), and for other good and valuable consideration, the receipt and sufficiency of
which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against THE OPERATOR AND THE RELEASEES AND
TO RELEASE, INDEMNIFY, HOLD HARMLESS AND FOREVER DISCHARGE THE OPERATOR AND THE RELEASEES from any and
all actions, causes of action, claims, demands and liability for any loss, liability, damage, costs (including court costs and lawyer fees on a
client/solicitor basis), expense or injury to person or property including death that I may suffer, or that my next of kin may suffer as a
result of my participation in the Activities and use of the facilities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE, IMPRUDENCE, LACK OF SKILL OR ERROR OF JUDGEMENT BY THE OPERATOR OR ANY OF THE
RELEASEES, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE,ON THE PART
OF THE OPERATOR OR THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE
OPERATOR OR THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND
HAZARDS OF THE ACTIVITIES OR USE OF THE FACILITIES REFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE OPERATOR AND THE RELEASEES from any and all liability for any property damage,
personal injury or death to any third party resulting from my participation in the Activities ;
3. That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, successors and
representatives, in the event of my death;
4. That this Agreement shall be govemed by and interpreted in accordance with the laws of the Yukon Territory;
5. That any litigation involving the parties to this Agreement shall be bought within the Yukon Territory; and
6. That in this Agreement, unless there is something in the subject-matter or context inconsistent therewith, words in the singular number include the
plural and such words shall be construed as if the plural had been used, and words in the plural include the singular and such words shall be
construed as if the singular had been used.
In entering into this Agreement I am not relying on any oral or written representations or statements made by the Operator and Releasees with
respect to the safety of the Activities, other than what is set forth in this Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING
THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS,
SUCCESSORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE OPERATOR AND THE RELEASEES.
Signed this day of __________________, 20_____ Signature of participant
Print name clearly
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN
Name
Address (street, city, country)
Witness
Ini al here
Contact number
Ini al here
Q126401 W128901
For Parents/Guardians of Participants of Minority Age (Under 18 years of age) This is to certify that I, as
parent/guardian, with legal responsibility for this participant do consent and agree to his/her release as provided
above, of all the Releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify
and hold harmless the Releasees from any and all liabilities incident to my minor involvement or participation in
the Activities above, EVEN IF ARISING FROM THEIR NEGLIGENCE.
Rental Terms & Conditions
1. Absolutely no refund shall be provided for trips terminated before booked destination, or finished ahead
of schedule. This includes terminations due to health, personal reasons, or acts of nature.
2. The RENTER shall return the equipment in a good state of repair.
a. All lost or stolen equipment shall be replaced by the RENTER at full retail cost.
b. Any costs associated with the repair of equipment damaged beyond reasonably normal wear and
tear shall be covered by the RENTER.
3. Equipment returned after the due date is subject to additional rental fees as determined by Up North
Adventures Ltd.
4. The RENTER acknowledges and accepts the terms outlined in the Up North Adventures Ltd. Release of
Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement signed by the RENTER
All rentals will require a credit card authorization form to be filled in prior to departure, to cover any potential loss/damage to Up North Adventures' equipment
Registration
Reservations are strongly recommended for travel during our busy summer and winter months. This will
ensure that your place on a guided trip is secured or that your equipment and driver are ready for you
upon arrival. We will need to know the dates you wish to travel, the number of people in your party, and
the route that you are planning. All reservations require a full name, phone number, and email address.
Reservations are only guaranteed once a deposit has been processed and you have received your official
booking confirmation from our staff.
Payment Procedures
The easiest way to make a deposit or payment is by Visa or MasterCard. We will require the card holder's
name, the card number, the expiry date, the 3 digits on the back of the card and the address the bank has
for the card being used. You can email or phone this information to us. All information sent is kept strictly
confidential. Unless otherwise arranged or agreed, any balance owing will be charged to the credit card
account on file without further notice. We also accept etransfers as payment to
accounting@upnorthadventures.com.
If payments are not received when they are due, Up North Adventures reserves the right to treat the
reservation as canceled.
- Winter Day Tours Half Day/Full Day
Full payment due at time of booking.
- Summer Guided Trips
50% non-refundable deposit due at time of booking
Full payment due 31 days prior to the start date of the trip
- Self-Guided Trips and Rentals
25% non-refundable deposit due at time of booking - Full payment due 31 days prior to the start date of the trip
- Transportation
25% non-refundable deposit due at time of booking - Full payment due 31 days prior to departure
- Accommodation
25% non-refundable deposit due at time of booking - Full payment due 7 business days prior to arrival.
- Flights
Full payment due at time of booking. 100% non refundable. Refer to ticket for complete fare rules.
Cancellation Policy
Cancellation by the customer:
Many
of our costs are incurred long before the actual trip, rental or tour
takes place. Up North Adventures is bound to the following cancellation
fees:
Guided Day Tours Half Day/Full Day- +31 days before start date ------------------ deposit held
- 30 days or less before start date ----------- no refund possible
Multi Day Guided Tours- +31 days before start date ------------------- deposit held
- 30 days or less before start date ----------- no refund possible
Self-Guided Trips and Rentals- +31 days before start date ------------------ deposit held
- 29 – 15 days before start date -------------- 50% of total will be refunded
- 14 – 8 days before start date ---------------- 25% of total will be refunded
- 7 days before and less ------------------------ no refund possible
Ground Transportation Only- +31 days before start date ------------------ deposit held
- 29 – 15 days before start date ------------- 50% of total will be refunded
- 14 – 8 days before start date --------------- 25% of total will be refunded
- 7 days before and less ----------------------- no refund possible
Flights- After purchase ---------------------------------- no refund possible
Accommodations- +31 days before start date ------------------ deposit held
- 29 – 15 days before start date ------------- 50% of total will be refunded
- 14 – 8 days before start date --------------- 25% of total will be refunded
- 7 days before and less ----------------------- no refund possible
*Cancellation by the customer must be obtained by Up North Adventures in writing
Up North Adventures Ltd. will not be held responsible for any charges
imposed by third parties or financial institution and payable by you as
a result of credit card or other payment transactions and will not be
refunded or return any fees charged by third parties or financial
institutions in connection with payments made to Up North Adventures
Ltd.
Insurance
We strongly recommend that you purchase
trip cancellation, baggage and extended medical insurance, including
emergency insurance that covers all expenses associated with evacuation.
If you require evacuation for any reason, the expense incurred will be
the responsibility of the participant(s) evacuated. Please check your
Health Plan to ensure that you are covered.
Cancellation by Up North Adventures:
Up North Adventures Ltd. reserves the right to cancel a tour 14 days prior to the start date. A full refund
will be offered to those affected.
Up North Adventures Ltd. reserves the right to change itineraries or even cancel a trip, rental or tour if we
feel we are forced to do so by circumstances beyond our control (Force Majeure examples: snow
conditions, temperatures, blizzards, river levels, forest fires etc.) or at our own discretion. If this occurs, we
shall endeavor to meet your needs with another trip date at the earliest convenience. Should an alternate
trip not be found or is also unable to operate, our “cancellation by the customer” policies will apply.
Summer & Winter Day Trips
Should we be forced to cancel any of our day trips prior to their start time, due to events beyond our
control (weather) that make it unsafe for us to take clients on a particular tour, we will try and offer an
alternative tour option.
Should we be forced to change itineraries or shorten a day trip due to events beyond our control, such
as but not limited to weather, that make it unsafe for us to continue, we will be unable to provide guests
with a refund. Our guides will try their best to offer an experience as close as possible to the tour booked.
Multi-Day TripsShould we be forced to shorten or change itineraries on one of our multi-day trips, due to events beyond
our control (weather, breakdowns, floods or wild fires) that make it unsafe for us to stick with the original
itinerary, we will be unable to provide guests with a refund.
Rescheduling Your Trip/Tour
Up North Adventures will allow a one-time in season reschedule of your trip if we are notified in writing 30
days or more prior to the original start date. Less than 30 days prior to start date a $100 change fee
will be applied. New dates are subject to availability of both staff and equipment. If new dates are not
agreed upon, we will consider the reservation canceled and retain the deposit.
Special RequestsPlease let us know at time of booking if you have any special requests for specific boats or types of
outfitting. We will do our best to accommodate, however requests are not guaranteed and are subject to
equipment and staff availability. Extra expenses may be incurred for non-standard outfitting or equipment,
and for services requested outside of normal operating hours.
Excessive
Cleanup
Gear rentals through Up North
Adventures are expected to be returned in similar conditions that they were
rented in. We do expect a normal amount of wear and tear on equipment being
rented, however items requiring excessive cleanup (including garbage left in
barrels), may be subject to a minimum $50 cleaning fee.
LiabilityAll
guests are required to sign a Release of Claims form for personal
responsibility and a Rental Agreement form for equipment responsibility.
Any lost or damaged equipment will charge at full retail price. We
expect a normal amount of wear and tear on all equipment being rented,
however extra damages and repair fees will be decided upon at the
discretion of our Operations Manager. All late returns will be charged
at an hourly or daily rate as rented.