Waiver Forms

ASSUMPTION OF RISKS
I am aware that the tours offered by Midnight Sun involve many risks, dangers and hazards including, but not limited to: the hazards of the forces of nature; wildlife; weather; and travel by air, train, automobile, boat, animal, foot or other conveyance; AND NEGLIGENCE ON THE PART OF MIDNIGHT SUN OR ITS STAFF INCLUDING THE FAILURE ON THE PART OF MIDNIGHT SUN OR ITS STAFF TO SAFEGUARD OR PROTECT ME FROM RISKS, DANGERS AND HAZARDS WHILE ON TOUR. 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.

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of Midnight Sun accepting my application and permitting my presence from the time and date of pick up on the first day of the tour to the time and date of drop off on the last day of the tour (hereinafter referred to as "the tour" I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against Midnight Sun and its directors, officers, employees, agents, representatives, successors and assigns (all of whom are hereinafter collectively referred to as the "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 presence on tour due to any cause whatsoever; INCLUDING NEGLIGENCE, BREACK OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, RSBC 1996, C 337, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS ON TOUR AS REFERRED TO ABOVE;
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property of, or
personal injury to, any third party, resulting from my presence on the tour;
3. This 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 Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia;
5. Any litigation involving the parties to this Agreement shall be brought within the Province of British Columbia.

In entering into this Agreement I am not relying on any oral or written representatives or statements made by the Releasees other than what is set forth in this Agreement.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS 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.