Please read the following waiver carefully before using Rainbow Rockies’ transportation and shuttle services.
In consideration of 17594496 Canada Inc. operating as Rainbow Rockies, a corporation incorporated federally in Canada (the “Company”) permitting the individual named below (“I” or “me”) to participate in the transportation and shuttle services provided by the Company (the “Services”), and for other good and valuable consideration, I agree to all the terms and conditions set forth in this agreement (this “Agreement”).
Terms and Conditions
I understand and acknowledge that:
- The Services may only accommodate small personal items and I am not permitted to bring large items such as sporting equipment, camping equipment, or luggage;
- Notwithstanding the foregoing, the Company will allow items such as medical equipment or wheelchairs to the extent same can be accommodated in providing the Services and that the Company retains full discretion as to what items may or may not be accommodated in provision of the Services;
- It is my responsibility to be on time at designated pick-up location(s);
- There are no refunds if I am late or fail to be at designated pick-up locations on time and the Company cannot guarantee any rescheduled services in the event I am not present at the designated pick-up time and location(s);
- I will be respectful of staff and other customers’ experiences including respecting staff and customers’ privacy regarding pictures, videos, and posting of such media to the internet and social media sites;
- Abuse or mistreatment to Company staff or other customers will not be tolerated in any way and the Company may refuse to provide the Services if any such behaviour occurs.
Assumption of Risks
I AM AWARE AND UNDERSTAND THAT THE SERVICES INVOLVE MANY RISKS, DANGERS, AND HAZARDS, INCLUDING BUT NOT LIMITED TO THE RISK OF SERIOUS INJURY, DEATH, OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM VOLUNTARILY USING THE SERVICES. I FREELY ACCEPT AND FULLY ASSUME ANY AND ALL OF THE RISKS, DANGERS, AND HAZARDS INVOLVED AND THE POSSIBILITY OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE NEGLIGENCE OF THE COMPANY OR OTHERWISE.
I hereby expressly waive and release any and all claims which I have or may in the future have against the Company, its affiliates, and their respective directors, officers, employees, agents, representatives, shareholders, successors, and assigns (collectively, “Releasees”), arising out of or attributable to my use of the Services, due to any cause whatsoever, including without limitation the negligence of the Company or any other Releasee, breach of contract, or breach of any statutory or other duty of care owing under occupiers liability legislation or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.
I SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ALL OTHER RELEASEES AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, DEFICIENCIES, CLAIMS, ACTIONS, JUDGMENTS, SETTLEMENTS, INTEREST, AWARDS, PENALTIES, FINES, COSTS, OR EXPENSES OF WHATEVER KIND, INCLUDING REASONABLE LEGAL FEES, IN CONNECTION WITH ANY THIRD-PARTY CLAIM, SUIT, ACTION, OR PROCEEDING ARISING OUT OF OR RESULTING FROM THE SERVICES.
General
This Agreement constitutes the entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall enure to the benefit of me, my heirs and next-of-kin, and the Company and its successors and assigns. This Agreement shall be governed by and construed in accordance with the laws of the Province/Territory of [RELEVANT PROVINCE/TERRITORY] and the federal laws of Canada applicable therein. Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province/Territory of [RELEVANT PROVINCE/TERRITORY], and I hereby consent to the exclusive jurisdiction of such courts.
I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY WAIVING SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE COMPANY AND THE RELEASEES.
Note: Customers may be required to sign this waiver before participating in Rainbow Rockies services.
