Acknowledgment of Responsibility And Liability Waiver

LEWIS FISHING ADVENTURES Operating as Lewis Fishing Adventures

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT

BY BOOKING AN ADVENTURE WITH LEWIS FISHING ADVENTURES YOU WILL WAIVE OR GIVE UP CERTAIN RIGHTS TO SUE OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT OR INCIDENT. PLEASE READ CAREFULLY!

To: Lewis Fishing Adventures operating as LEWIS FISHING ADVENTURES and To: HER MAJESY THE QUEEN IN RIGHT OF THE PROVINCE OF ALBERTA AND THE PROVINCE OF BRITISH COLUMBIA AND THE YUKON TERRITORY and its directors, officers, employees, agents, guides, independent contractors, subcontractors, sponsors, assigns and representatives (all of whom are hereinafter referred to as “the RELEASEES”)

DEFINITION:

THE RELEASEES’ Adventures include, but are not limited to, fishing, wildlife viewing, boating, hiking, rock climbing, glacier travel and high altitude climbing and travel teambuilding initiatives and exercises, float tubing and general physical exercise both outdoors and indoors.

In this Agreement, the term “Adventures” shall include but is not limited to: hiking, nature study, snow sports, touring, mountaineering, rock or ice climbing, expeditions, trekking, glacier travel, mountain biking, horseback riding, swimming, boating, fishing, watersports, and all activities, services and use of facilities either provided by or arranged by the Releasees including orientation and instructional sessions or classes, transportation, accommodation, food and beverage, water supply, rescue and first aid services, and all travel by or movement around vehicles, helicopters, other aircraft, horses and pack animals, all terrain vehicles, watercraft or other vehicles.

ASSUMPTION OF RISKS

I understand that the Releasees’ Adventures involve intrinsic hazards, not all of which can be listed here. Among the more obvious and frequent are:

1. Steep terrain where a fall, whether roped or unroped, may cause injury or death.

2. Falling rock, ice or other objects, which may cause injury or death.

3. Violent and unpredictable weather, which may cause injury due to extremes of heat or cold, and which may prevent travel to, from or within an area.

4. Unfamiliar country, where the program participants may get lost, off route or be separated from the rest of the party.

5. Wild animals, which have been known to maul, sometimes fatally, human beings.

6. Avalanches, which are highly dangerous and may be triggered by the activities of skiers or climbers, or by natural forces.

7. Remoteness of location with poor communications and inability to get rescue or medical assistance quickly or easily.

8. Medical problems arising from climbing at high altitudes or in areas where adequate supplies of clean food or water may be unavailable.

9. Transport by public or private motor vehicle, helicopter and light fixed wing aircraft or through the use of animals.

10. Hazards involved in canoeing, kayaking and other water activities such as capsize, striking rocks in rivers, and drowning.

11. Scrapes, bruises, fractures and other injuries sustained in physical activity indoors and outdoors.

12. Negligence on the part of the Releasees, including the failure by the Releasees to take reasonable steps to safe guard or protect me from the risks, dangers and hazards of Adventures.

I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH ADVENTURES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.

I acknowledge and agree that all expenses associated with non-scheduled or emergency evacuation, rescue or first aid will be my responsibility and will not be covered by the Releasees.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the Releasees accepting my application for any of the Releasees Adventures I agree to this release of claims and waiver of liability as follows:

1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against THE RELEASEES from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer, as a result of my participation in Adventures DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER ANY APPLICABLE OCCUPIERS’ LIABILITY LEGISLATION IN THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE;

2. I am not relying on any oral or written statements made by the Releasees or their agents, whether in brochures, advertisements or in individual conversations to lead me to become involved in these activities on any basis other than my assumption of the risks involved.

3. I accept all of the risks and the possibility of death, personal injury, property damage and loss resulting from my involvement with the Adventures I am taking with the Releasees.

4. I certify that I am physically capable and fit to participate in this activity and I have no medical conditions or needs other than those listed.

5. I confirm that I am nineteen years of age or older. (Younger participants must have a parent or guardian read and sign this document)

6. I confirm that I have read over this agreement before signing, that I understand it, and that it will be binding not only on me but also on my heirs, my next of kin, my executors, administrators and assigns.

7. I hereby irrevocably submit to the exclusive jurisdiction of the courts of the Provinces of Alberta and British Columbia and the Yukon territory. I agree that no other courts can exercise jurisdiction over the agreements and claims referred to herein. Any litigation to enforce this agreement shall be instituted in British Columbia and nowhere else.

8. I HEREBY AGREE TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Adventures.

I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO BOOKING AN ADVENTURE WITH LEWIS FISHING ADVENTURES AND I AM AWARE THAT BY BOOKING AN ADVENTURE WITH LEWIS FISHING ADVENTURES I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.