The RMRA is not covered by any general liability insurance. The RMRA protects itself and all of the members of the Association from lawsuits by having all members sign a "Release of Liability, Waiver of All Possible Claims and Assumption of Risk" form. By signing this form you are agreeing not to sue either the RMRA or any of its members, agents or contractors, for any loss or damage you may suffer, whether personal injury, death or property damage, as a result of participating in any activity organized by the RMRA or its members, even if they were negligent and their negligence resulted in injury to yourself or your property or in your death.
By executing this Release of Liability, Waiver of All Possible Claims and Assumption of Risk form you are assuming both physical and legal risks.
You are advised to seek independent legal advice to completely understand the implications of this form.
Release of Liability, Waiver of All Possible Claims and Assumption of Risk
WARNING:
By signing this form you give up your right to bring a court action
to recover compensation for any injury to yourself or your property. You also give
up your family's right to bring an action to recover compensation as a result of
your death.
By signing this form you are assuming both physical and legal risks that have potential financial implications for yourself and/or your family should you be injured or killed while participating in an Association activity.
I HEREBY ACKNOWLEDGE AND AGREE that:
- I have read the Rocky Mountain Ramblers Association (the "RMRA") Outdoor Activities
Guide that was provided or made available to me with this Membership
Application form; in particular I have carefully read the following topics of this
Guide:
- Description of outdoor activities offered by the RMRA (the "Activities"); associated Risks and Hazards;
- RMRA Risk Management Policies and Guidelines;
- Participant’s Responsibilities; Coordinator's Responsibilities; and
- Trip Rating System.
- The entire content of the RMRA Outdoor Activities Guide is incorporated
by reference into this Release of Liability, Waiver of All Possible Claims and Assumption
of Risk form and becomes part of this document.
- The Activities organized by the RMRA have inherent risks and I have full knowledge
of the nature and extent of the risks associated with the Activities organized by
the RMRA, particulars of which include but are not limited to the risks and hazards
outlined in the RMRA Outdoor Activities Guide.
- The members of the RMRA acting as the coordinators of the Activities:
- are not professional leaders, guides or licensed first aid attendants;
- may not have any outdoor leadership or first aid training or experience; and
- are not responsible for my safety or that of the children I bring while participating in any activity.
- Other members participating with me in the Activities are not responsible for my
safety or that of the children I bring.
- I could suffer serious physical injury or even death as a result of participating
in the Activities organized by the RMRA. If I bring children on the Activities organized
by the RMRA they could also suffer serious personal injury or death.
- This Release of Liability, Waiver of All Possible Claims and Assumption of Risk
form:
- applies to all Activities in which I participate whether occurring in the near or distant future;
- only has to be signed once a year in conjunction with my initial membership application or on any renewal of my membership application;
- need not be brought to my attention each time I participate in the Activities in order to be effective; and
- does not have to be signed for each and every Activity in which I may participate.
- The RMRA will not permit me to participate in any Activities unless I sign this
Release of Liability, Waiver of All Possible Claims and Assumption of Risk form.
The RMRA will not permit me to bring a guest or a child on any Activities unless
the guest or a parent (or legal guardian) of the child signs the appropriate Release
and Waiver of Liability.
- This Release of Liability, Waiver of All Possible Claims and Assumption of Risk shall be governed by the laws of the Province of Alberta.
Release and Waiver of Liability
In consideration of being accepted as a member of the Rocky Mountain Ramblers Association (hereinafter referred to as the "RMRA") and being permitted to participate in Activities organized or sponsored by the RMRA I acknowledge and agree as follows:
- The RMRA, it's members, officers, employees, agents and contractors (hereinafter
referred to as the "RMRA") and each of them are not responsible for any loss or
damage sustained by me including loss or damage caused by injury to my person or
property or by my death howsoever caused and notwithstanding that same may have
been caused by or contributed to by the negligence of the RMRA.
- I have full knowledge of the nature and extent of the risks involved in the Activities
organized by the RMRA. I am voluntarily assuming the risks involved and in so doing
I fully understand that I will be solely responsible for any loss or damage I sustain,
including loss or damage caused by injury to my person or property or by my death
howsoever caused and notwithstanding that same may have been caused or contributed
to by the negligence of the RMRA.
- I agree to relieve the RMRA of all liability for all loss or damage arising out
of any cause whatsoever including the negligence of the RMRA. I hereby exempt the
RMRA from the legal consequences that would otherwise flow from their negligence.
- I hereby release, waive and discharge the RMRA from all liability to myself, my
heirs, executors, administrators and assigns for all loss or damage and any claims
or demands for such loss or damage on account of injury to my person or property
or by my death whether caused by the negligence of the RMRA or otherwise and I further
agree not to sue the RMRA.
- I am the full age of 18 years. I am aware of the nature and effect of this Release
of Liability, Waiver of All Possible Claims and Assumption of Risk. I am aware of
my right to sue the RMRA in the event I sustain loss or damage caused by injury
to my person or property, and the right of my personal representatives to sue the
RMRA for loss or damage arising from my death, if the physical injury to my person
or property or my death was caused by or contributed to by the negligence of the
RMRA. I hereby give up this right on behalf of myself personally and on behalf of
my heirs, executors, administrators and assigns in order to join the RMRA and participate
in Activities organized or sponsored by the RMRA.
- I acknowledge that I have been given the opportunity and have been encouraged to
seek independent legal advice prior to signing this agreement.
- I am executing this release and waiver of liability agreement freely and voluntarily without any compulsion on the part of the RMRA. I acknowledge having read this entire agreement prior to signing it.