AGREEMENT AND RELEASE OF LIABILITYVoluntary participation
I acknowledge that I have voluntarily applied to and agree to participate in the Program and that I have read the description of the trip as it appears in the Students on Ice advertising materials and website, together with all information contained in the application.
Assumption of risk
I am aware that adventure travel such as that I am undertaking in this Program involves hazardous activities in remote areas of the world with a risk of illness, injury or death which may be caused by forces of nature, from negligence, including the failure to safeguard and protect me from risks, dangers, and hazards (but not the reckless, willful, or fraudulent conduct) by Students on Ice Inc., Students on Ice Foundation, or its affiliated organization and employees, or other agencies known or unknown. I am also aware that medical services or facilities may not be readily available or accessible during some or all of the time during which I am participating in the Program.
I accept the risks and uncertainty involved as being an integral part of my participation in the Program. I hereby accept and assume full responsibility for any and all risks of personal injury, illness, death, property damage or loss due to the negligence, including the failure to safeguard and protect me from risks, dangers, and hazards (but not of the reckless, willful, or fraudulent conduct) of Students on Ice Inc., the Students on Ice Foundation, each of their employees, officers, directors, agents, contractors or affiliated organizations.
Release and covenant not to sue
I hereby release Students on Ice Inc., the Students on Ice Foundation., their employees, officers, directors, agents, contractors and all of their affiliated organizations, including the Health and Wellness Team, from any and all claims, demands, damages, actions or causes of action of any kind or nature whatsoever from liability in respect of any personal injury, illness, death, property damage or loss arising out of or in consequence of participation in or travel to or from the Program, whether caused by force majeure, from negligence, including the failure to safeguard and protect me from risks, dangers, and hazards (but not the reckless, willful, or fraudulent conduct) by Students on Ice Inc., the Students on Ice Foundation, or otherwise.
As consideration for being permitted by Students on Ice Inc. and the Students on Ice Foundation to participate in its adventure and education travel activities, I hereby agree that neither I, nor any of my heirs, personal or legal representatives, or family members will bring suit or make claim for illness, injury or death resulting from negligence, including the failure to safeguard and protect me from risks, dangers, and hazards (but not the reckless, willful, or fraudulent conduct) by Students on Ice Inc., the Students on Ice Foundation, any of their employees, officers, directors, agents, contractors or affiliated organizations (or the supplier of any of the facilities or equipment I will use in these activities) as a result of my participation in this trip.
Indemnification
I, for myself, my heirs, executors, administrators, successors, and assigns hereby agree to indemnify and save hold harmless Students on Ice Inc., the Students on Ice Foundation, and any agents, employees, medical team, and any other person assisting Students on Ice Inc. or the Students on Ice Foundation, during the Program from any liability, loss, damage, expenses, costs, claims, demands, proceedings, they may incur resulting from my participation in the Program.
Governing law and jurisdictionI hereby agree that all aspects of the relationship between me and Students on Ice Inc., and the Students on Ice Foundation (as well as their agents, delegates, employees, and any physicians and other independent health care practitioners providing medical or other health care and treatment to me, or in association with the Program, including, without limitation, any medical or other health care and treatment provided to me), and the resolution of any and all disputes arising from or in connection with that relationship, including any disputes arising under or in connection with this Waiver, shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.
Dispute resolution
I agree that any disagreement or dispute arising out of this waiver which cannot be resolved through the reasonable efforts of the parties shall be determined by arbitration in accordance with the Arbitration Act, S.O. 1991, ch. 17, to the complete exclusion of any court, save and except as provided under the Arbitration Act. The arbitration shall be before and decided by a single arbitrator appointed by the parties, with a hearing lasting not more than one (1) day, to be scheduled within ninety (90) days of the disagreement or dispute arising, following a summary procedure determined by the arbitrator, and without right of appeal from the Arbitrator’s decision.
Severability
The provisions of this Agreement shall be severable in the event that any of the provisions hereof (including any portion thereof) are held by a court of competent jurisdiction to be invalid, illegal, void or otherwise unenforceable; the remaining provisions shall remain enforceable to the fullest extent permitted by law.
Knowing and voluntary execution
I have carefully read this agreement and fully understand its contents. I acknowledge and agree that the terms of this Waiver are fully understood by me, that I have had an opportunity to obtain independent legal representation with respect to same, and that it is voluntarily entered into by me. I am aware that this is a release of liability and a contract between myself, Students on Ice Inc. and/or its affiliated organization and sign it of my own free will.