Cancellations and Refunds Policy:
Cancellations made two weeks or more from date of check-in: full refund, less $25 processing/credit card fee
Cancellations less than two weeks from date of check-in: no refund
Physical Distancing and Other Covid-19 Safety Measures:
Terms and Conditions:
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the “Release Agreement”) BY CLICKING “I AGREE” TO THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR TO CLAIM COMPENSATION
PLEASE READ CAREFULLY!
Activities: The activities include, but are in no way limited to any activity related to the rental or use of the property of Back 40 Outdoor Events, Adrian Pery and Katherine Friedley, and the property known as Highland Bear (“Back 40”) including: the use of any tent or campsite; hiking, snowshoeing, or any other recreational activity; collisions or impact with natural or man-made objects or other persons; slips, trips, or falls; travel within or beyond the Back 40 boundaries; chopping wood and/or the use of any campfire, whether or not such campfire is in a designated campfire zone; and the attendance and/or participation whether directly or indirectly in any way whatsoever and whether or not such activity is sponsored, sanctioned or supported by Back 40, in any organized activity of Back 40 (including any social activities).
I am aware that participation in outdoor activities involves many risks, dangers and hazards. The terrain used for outdoor activities is uncontrolled and involves many risks, dangers and hazards. These may include but are not limited to hiking in rugged or steep terrain; loose and/or uneven footing; risks of slipping and/or tripping and/or falling; drowning; lightning; cliffs; trees, tree wells; tree stumps; forest dead fall; creeks; rocks; rockfall; boulders; holes and depressions on or below the snow surface; equipment failure; encounters with dangerous or poisonous flora and fauna; impact or collision with other persons; becoming lost or separated from one’s party or guide; negligence of other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE BY THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF OUTDOOR ACTIVITIES.
COVID-19 Acknowledgement: I acknowledge that the activities involve inherent risks and dangers that may lead to infectious disease, contracted through viruses, bacteria, parasites, and fungi, which may be
transmitted through direct or indirect contact.
In consideration for being permitted to participate in any way in any Back 40 activity, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I, for myself and on behalf of my child as parent / legal guardian (as applicable), and for my successors, assigns, and heirs covenant and agree as follows:
Acknowledgement and Assumption of Risks
I acknowledge, agree and represent that I understand the nature of the Back 40 Activities and that I am qualified, in good health, and in proper physical condition to participate in such activity, and is doing so voluntarily and willingly. I further agree and warrant that if at any time I believe my health to be impaired or conditions to be unsafe, I will immediately discontinue further participation in the Back 40 Activities. I acknowledge, agree and represent that I understand that Back 40 is in no way responsible for the loss or damage of my belongings while I participate in any Back 40 Activity. I am aware that the Back 40 Activity involves many risks, dangers, and hazards, which could result in damage, loss or serious injury. I am aware that these risks, dangers and hazards may be caused by my own actions or inactions, the actions or inactions of others, the conditions in which Back 40 Activity takes place, or any failure on the part of the Releasees (as defined herein) to safeguard or protect against the risks, dangers and hazards of the Back 40 Activities. I am also aware that there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, HAZARDS AND ANY INJURY, LOSS OR DAMAGE OF ANY KIND AND HOWEVER CAUSED INCLUDING RESPONSIBILITY FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, COSTS, DAMAGE AND ALL LOSS INCLUDING ECONOMIC LOSS, RESULTING THEREFROM.
Release of Liability, Waiver or Claims and Indemnity Agreement I further agree as follows:
TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against Back 40, its partners, directors, officers, employees, agents, volunteers, affiliates, sponsors, independent contractors, organizers, representatives and assigns, and if applicable, other participants or lodgers, and owners/lessors of premises on which Back 40 Activity takes place and all of their agents and employees (all of whom are hereinafter collectively referred to as the “Releasees”).
To release and discharge the Releasees from any and all liability for any loss, damage, expense or injury of any kind including death, personal injury, property damage, damage to reputation or economic loss that I may suffer as a result of my participation in the Back 40 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, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE BACK 40 ACTIVITIES REFERRED TO ABOVE.
TO HOLD HARMLESS, SAVE, AND INDEMNIFY THE RELEASEES from any and all liability, expenses, or costs for any damage to property of, or personal injury to, or death of, any third party, resulting from my participation in the Back 40 Activities, including lawyer fees. Without limiting the generality of the foregoing, if the Acknowledgement and Assumption of Risk, Release of Liability or Waiver of Claims, or any of them, is deemed to be unenforceable, the above-mentioned Indemnities shall nevertheless remain in full force and effect
Additional Terms of the Agreement
1.This Agreement shall be effective and binding upon my spouse, heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
2.This Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and applicable federal laws of Canada.
3.If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement or the application thereof to any person or circumstance shall not be affected thereby and each covenant, obligation and provision of this Agreement shall be separately valid and enforceable to the fullest extent permitted by law.
4.In entering into this Agreement I am not relying upon any oral, visual, or written representations or statements made by the Releasees other than what is set forth in this Agreement.
I HAVE READ AND UNDERSTAND THIS AGREEMENT IN ITS ENTIRETY AND I AM AWARE THAT BY CLICKING I AGREE, I AGREE TO BE BOUND BY THIS AGREEMENT AND I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. EACH LODGER MUST READ THIS AGREEMENT IN FULL BEFORE THE LODGER WILL BE PERMITTED TO PARTICIPATE IN THE BACK 40 ACTIVITIES.