Rental Terms & Conditions

TO:       Spire Outdoor Group., Avalanche Safety Solutions and their directors, officers, employees, equipment manufacturers, successors, parent companies, affiliates and assigns, (all of whom are hereinafter referred as “the Releasees”)           

RENTAL AGREEMENT

  1. I accept full responsibility for the care of the rental equipment (“the Equipment”) listed on this form and I agree to pay for any damage to the Equipment or replace at full retail value any Equipment damaged. It is the sole discretion of Avalanche Safety Solutions to repair or replace damaged Equipment.
  2. I agree to return the Equipment by the agreed date. In the event the Equipment is not returned by the agreed date Avalanche Safety Solutions Inc may charge full retail value of the Equipment.
  3. I take full responsibility in the use of the rental Equipment. I understand that the rental technicians are able to answer questions I may have regarding the function of the Equipment but are not responsible to train me.

 I am aware of the following points related specifically to the rental of avalanche airbags.

·         Despite the proper use of an avalanche airbag an avalanche victim can be fully buried and trauma can occur leading to injury or death.

·         Avalanche airbags must be deployed by the user themselves by pulling the trigger handle.

·         Improper handling of an avalanche airbag and a compressed air cylinder could result in the cylinder exploding and thus represents the potential for severe injury or death.

 

 

I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE USE OF THE EQUIPMENT.

 

 

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

In consideration of the rental of the Equipment, I hereby agree as follows:

1.     TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE 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, resulting from or arising out of any aspect of my use of the Equipment. DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, in respect of the selection, maintenance or performance of the Equipment or in respect of the provision of failure to provide any warnings, directions or instructions as to the use of the Equipment or the risks, dangers and hazards of avalanches.

2.     TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my use of the Equipment;

3.     This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;

4.     This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the British Columbia and no other jurisdiction; and

5.     Any litigation involving the parties to this Release Agreement shall be brought solely within the province of British Columbia and shall be within the exclusive jurisdiction of the Courts of that province.

In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of using the Equipment, other than what is set forth in this Release Agreement.

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.