RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter the “Release Agreement”)
BY ACCEPTING THIS RELEASE AGREEMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
TO: THE HOUSE OF POWDER, MMP RESOURCES JAPAN KK, MMP RESOURCES LIMITED, CHRISTOPHER PECK, DREW MADACSI, THE GOVERNMENT OF THE PREFECTURE OF HOKKAIDO and their directors, officers, employees, guides, agents, independent contractors, subcontractors, representatives, successors, assigns and guests/clients (all of whom are hereinafter collectively referred to as the “Releasees”).
DEFINITIONS: In this Release Agreement, the term “wilderness activities” shall include all activities, transportation, events and services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include but is not limited to: skiing, snowboarding, snowmobiling, hiking, snowshoeing and other form of backcountry travel; rental or use of skis, snowboards or other equipment; demonstrations; orientational and instructional courses; loading, unloading and travel by or movement in or around helicopters, snowcats, snowmobiles and motor vehicles; and other activities, events and services in any way connected with or related to wilderness activities.
ASSUMPTION OF RISKS – AVALANCHES, ALPINE TERRAIN, WILDERNESS TRAVEL, WEATHER ETC.: I am aware that wilderness activities involves risks, dangers and hazards. Avalanches occur frequently in the terrain used for wilderness activities and may be caused by natural forces or by persons traveling through the terrain. I acknowledge and accept that the Releasees may fail to predict whether the alpine terrain is safe for wilderness activities or whether an avalanche may occur. The terrain used for wilderness activities can be uncontrolled, unmarked, not inspected and involves many risks, dangers and hazards in addition to that of avalanche. These may include, but are not limited to: cornices; crevasses; glide cracks; cliffs; trees, tree wells and tree stumps; creeks; rocks; boulders; forest deadfall; holes and depressions on or below the snow surface; cliffs; variable and difficult snow conditions; snowcat roads and road banks, fences, and other man-made structures; impact or collision with other persons or objects; becoming lost or separated from one’s party or guide; negligence of other persons. Communication in the alpine terrain is difficult and in the event of an accident, rescue and medical treatment may not be available. Alpine weather conditions may be extreme and can change rapidly and without warning, making travel by helicopter, snowcat or snowmobile hazardous.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH WILDERNESS ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
NOTICE TO SNOWBOARDERS AND TELEMARK SKIERS – INCREASED RISK: Unlike alpine ski boot/binding systems, snowboard and some telemark boot/binding systems are not designed or intended to release and will not release under normal circumstances. The use of a safety strap or retention device by snowboarders or telemark skiers without ski brakes will increase the risk of not surviving an avalanche.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT:
In consideration of THE RELEASEES allowing me to participate in wilderness activities, I hereby agree as follows:
- 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 as a result of my participation in wilderness activities, 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 ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF WILDERNESS ACTIVITIES REFERRED TO ABOVE;
- 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 wilderness activities;
- 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;
- 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 Prefecture of Hokkaido and no other jurisdiction; and
- Any litigation involving the parties to this Release Agreement shall be brought solely within the Prefecture of Hokkaido and shall be within the exclusive jurisdiction of the Courts of the Prefecture of Hokkaido.
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 wilderness activities, 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.
TERMS AND CONDITIONS
- A set lunch is included in the Chisenupuri program.
- Ground transfers are included in the Chisenupuri program within the Annupuri, Hirafu, Moiwa, and Niseko Village areas.
- The House of Powder requires all fees for all trips to be paid at the time of booking.
- Cancellation between 60 and 30 days before the trip will result in a 50% cancellation fee.
- Cancellation within 30 days of the trip for any reason, including injury, will result in a 100% cancellation fee.
- We strongly recommend purchasing your own trip cancellation insurance, in case you need to cancel for injury or any other unforeseen circumstances.
- Payments can be made by credit card directly through the website, via PayPal. You do not need a PayPal membership to use this service.
- All customers are required to read and sign a release of liability waiver and medical information form before departing. Failure to do so will result in cancellation of the tour without refund.
- All participants under the age of 19 must have a parent or legal guardian sign their release of liability. All minors under 16 years of age must be accompanied by a guardian or parent while on the tour.
- The House of Powder reserves the right to cancel any tour at any time, typically due to inclement weather or unsafe backcountry travel conditions.
- Please be candid about your skill levels. If you have booked and paid for a trip with The House of Powder but your skills are insufficient for the trip you have booked, we will try to accommodate you with another program if possible, but we will not issue any refunds.