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 

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.

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.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, and the 3 digits on the back of the card. 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.

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 start of 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.

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:

• Winter Day Tours Half Day/Full Day
  • 90 – 61 days before start date ————- 75% of total will be refunded
  • 60 – 31 days before start date ————- 50% of total will be refunded
  • 30 days or less before start date ——— no refund possible
• Summer Guided Multi-Day Tours
  • + 61 days before start date —————- 50% of deposit will be refunded, i.e. 75% of total is refunded
  • 60 – 31 days before start date ———— 50% of total will be refunded, deposit kept
  • 30 days or less before start date ——– no refund possible
• Self-Guided Multi-Day Trips
  • until 30 days before start date ———– 75% of total will be refunded
  • 29 – 15 days before start date ———— 50% of total will be refunded
  • 14 – 7 days before start date ————– 25% of total will be refunded
  • 7 days before and less ———————– no refund possible
• Transportation
  • until 30 days before start date ———- 75% of total will be refunded
  • 29 – 15 days before start date ———– 50% of total will be refunded
  • 14 – 7 days before start date ————- 25% of total will be refunded
  • 7 days before and less ———————- no refund possible
• Accommodation
  • 14 – 7 days prior to arrival —————- No refund of deposit
  • Less than 7 days prior to arrival ——- No refund on full payment

*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:
In the case where Up North Adventures has to cancel a trip due to minimum numbers not being met, we shall refund the full amount paid. We reserve the right to do so within 14 days prior to departure of our trip.

Up North Adventures 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 (e.g., snow conditions, temperatures, blizzards, river levels, forest fires etc.). If this occurs, we shall endeavor to meet your needs with another trip date / itinerary at the earliest convenience.

• 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 Trips
  • Should 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 Requests
  Please 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.

• Liability
  All 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.
• Discounts*
  • Youth – Children under 12 receive a 50% discount on guided trips provided the minimum number of adults are paid on the trip or tour. All children must be accompanied by a parent or guardian.
  • Corporate & Group Discounts – Please ask one of our staff for more details.
    *Discounts do not apply to transportation rates.

Additional Information

• Extended guided summer tours are based on a 4-person minimum unless stated otherwise in the specific trip description.
• Summer day trips requiring Up North Adventures’ transportation services are based on a 2-person minimum.
• Guided winter day trips are based on a 2-person minimum booking, unless stated otherwise in the specific trip description.
• Minimum age for snowmobiling trips is 8 years of age, and all children under 16 must be accompanied by a parent or guardian.
• To operate a snowmobile the participant has to be 16 years of age. The decision to allow this remains at the discretion of the guide.
• If a pre-arranged pick-up time with Up North Adventures is not met by the customer, waiting time beyond 1 hour will be charged at our discretion.
• Prior to any trip or rental takes place, a Visa or MasterCard card imprint is required for damage and/or loss to any rental equipment or gear.
• Prices are subject to change without notice.
• All prices are in Canadian dollars and subject to 5% GST (federal tax).