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VAN ISLE TREKS

WAIVER AND RELEASE OF LIABILITY


Last Updated: October 29, 2026


IMPORTANT NOTICE


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


BY CLICKING PAY AND COMPLETING A BOOKING, THE PURCHASER ACKNOWLEDGES ACCEPTANCE OF THIS AGREEMENT, INCLUDING THE WAIVER OF LEGAL RIGHTS AND THE RELEASE OF VAN ISLE TREKS FROM LIABILITY FOR NEGLIGENCE.


PLEASE READ CAREFULLY.


1. ACCEPTANCE OF AGREEMENT


This Waiver and Release of Liability applies to all guided hikes, wilderness treks, outdoor excursions, equipment rentals and related activities offered, organized or provided by Van Isle Treks.


By clicking the Pay button and completing a booking, the purchaser electronically acknowledges and accepts this Waiver and Release of Liability, the Van Isle Treks Terms & Conditions and applicable booking policies.


Electronic acceptance is intended to constitute agreement to these terms without requiring a handwritten signature or separate paper document.


This agreement applies to the activity or activities identified in the accepted booking.



2. ASSUMPTION OF RISKS


Hiking, trekking and wilderness activities involve significant inherent, foreseeable and unforeseeable risks, including serious personal injury, permanent disability, property damage and death.


RISKS INCLUDE, BUT ARE NOT LIMITED TO:


• Slips, trips, falls and collisions.

• Steep slopes, unstable terrain and falling rocks.

• Rivers, streams, lakes and water crossings.

• Wildlife encounters and insect bites.

• Extreme weather, temperature changes and exposure.

• Dehydration, hypothermia, exhaustion and illness.

• Equipment failure, malfunction or improper use.

• Navigation difficulties and becoming lost.

• Remote locations and limited communications.

• Delayed or unavailable emergency assistance.

• Transportation-related incidents.

• Actions or omissions of other participants.

• Negligence, errors, omissions and decisions by Van Isle Treks or its representatives.

• Other known, unknown or unexpected hazards.


Participants voluntarily assume the risks associated with their participation.



3. RELEASE OF LIABILITY AND WAIVER OF CLAIMS


The Released Parties include Van Isle Treks, its owners, operators, directors, officers, employees, guides, independent contractors, volunteers, agents, representatives, successors and assigns.


In consideration of being permitted to participate, each adult participant accepting this agreement agrees to waive all claims against and release the Released Parties from liability for injury, illness, permanent disability, death, property damage or other losses arising from participation.


THIS RELEASE EXPRESSLY INCLUDES LIABILITY ARISING FROM THE NEGLIGENCE OF VAN ISLE TREKS AND THE RELEASED PARTIES.


This includes negligence relating to:


• Activity planning and organization.

• Route selection and navigation.

• Hazard assessment and communication.

• Instructions, guidance and supervision.

• Equipment supplied, rented or recommended.

• Operational decisions and activity modifications.

• Emergency response and evacuation decisions.

• Other negligent acts or omissions connected with the activity.


The release is intended to include claims arising from negligence, breach of contract and breach of duties under applicable occupiers liability legislation.


Each adult participant agrees not to commence or maintain legal proceedings against the Released Parties in respect of claims covered by this agreement.



4. PARTICIPANT RESPONSIBILITY


Every participant is responsible for assessing their physical fitness, health, experience, equipment and ability to participate.


PARTICIPANTS MUST:


• Review the selected activity's difficulty, distance and elevation.

• Arrive physically prepared.

• Wear appropriate footwear and clothing.

• Carry sufficient food and drinking water.

• Carry necessary medication and personal supplies.

• Bring suitable weather protection and equipment.

• Monitor their own health, hydration and fatigue.

• Disclose relevant medical or physical limitations.

• Communicate any difficulty or inability to continue.

• Follow reasonable operational instructions.

• Exercise independent judgment regarding their personal abilities.


Van Isle Treks does not undertake to supply personal equipment, drinking water, food, medication, continuous individual supervision or medical monitoring unless expressly included in the booked service.


Participants may be refused participation if inadequately prepared or equipped.



5. GUIDES, EQUIPMENT AND ENVIRONMENTAL CONDITIONS


Van Isle Treks may provide route information, general guidance, operational coordination and equipment rental services.


These services do not constitute a guarantee of personal safety, suitable conditions or successful completion.


Participants remain responsible for determining whether their personal or rented equipment is suitable for their intended use.


Weather, terrain, water levels, wildlife activity and environmental conditions may change without warning.


Van Isle Treks reserves the right to modify routes, adjust schedules, refuse participation, cancel activities or terminate excursions when reasonably necessary.


Participants accept that wilderness activities may involve unforeseen circumstances requiring changes to the planned itinerary.



6. EMERGENCY ASSISTANCE AND MEDICAL CONDITIONS


Participants acknowledge that outdoor activities may occur in remote areas where emergency communications, medical treatment, rescue and evacuation services are limited, delayed or unavailable.


Van Isle Treks does not guarantee immediate emergency assistance, rescue, evacuation or medical treatment.


Participants are responsible for carrying required medications, assessing their personal medical limitations and determining whether additional medical or evacuation insurance is appropriate.


Participants authorize Van Isle Treks to contact emergency services and provide relevant information when reasonably necessary during an emergency.


Participants are responsible for third-party medical, transportation and evacuation charges properly payable by them.



7. INDEMNIFICATION


Each adult participant agrees to indemnify and hold harmless the Released Parties against third-party claims, damages, losses and reasonable legal expenses arising from:


• The participant's negligent or wrongful conduct.

• Misuse or damage of equipment.

• Violations of applicable laws or activity requirements.

• Damage to property caused by the participant.

• Injury or loss caused to another person by the participant's negligent or wrongful actions.



8. PERSONAL INFORMATION AND PHOTOGRAPHY


Van Isle Treks may collect and use personal information reasonably necessary for bookings, activity coordination, communication and emergency administration.


Information is handled in accordance with the Van Isle Treks Privacy Policy and applicable privacy legislation.


Relevant information may be disclosed to emergency responders when necessary.


Promotional photographs or recordings identifying participants require separate consent.



9. ELECTRONIC ACCEPTANCE AND ACKNOWLEDGMENT


BY CLICKING PAY AND COMPLETING A BOOKING, THE PURCHASER ACKNOWLEDGES THAT:


• The Waiver and Release of Liability has been made available for review before payment.

• The Terms & Conditions and applicable booking policies have been made available for review.

• Outdoor recreation involves risks of serious injury, permanent disability and death.

• Participants are responsible for their own fitness, equipment, preparation and personal decisions.

• Van Isle Treks does not guarantee personal safety or successful completion.

• This agreement expressly includes a release of liability for negligence.

• The purchaser intends to enter into an electronic agreement through the checkout process.

• The purchaser accepts the provisions applicable to their own participation.


Where a booking includes another adult participant, that participant must independently accept the waiver before participating.


Bookings involving minors are subject to separate participation requirements and parental or legal guardian authorization.



10. GOVERNING LAW


This agreement is governed by the laws of British Columbia and applicable federal laws of Canada.


Disputes arising from this agreement or participation in Van Isle Treks activities are subject to the jurisdiction of the courts of British Columbia.


If any provision is held unenforceable, the remaining provisions shall continue independently.


The release is intended to bind the accepting adult participant and their estate and legal representatives in relation to claims capable of being released by that participant.



CONTACT INFORMATION


Van Isle Treks

Comox Valley, Vancouver Island, British Columbia, Canada

VanIsleTreks@gmail.com

www.vanisletreks.com

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