Waiver of Liability
Alpine Recreation requires every person who participates in one of the company's trips to accept a Waiver of Liability. If you do not fully understand the contents of this waiver, then you are welcome to seek assistance from your lawyer or other professional.
Last update: 18 November 2014
Release from liability and waiver of all claims
WARNING: Under New Zealand law it is extremely unlikely that you will be able to sue anyone if you are injured. New Zealand's Accident Compensation scheme provides limited assistance for injury. Visitors to New Zealand are strongly recommended to have full insurance covering injury, illness and cancellation.
By accepting this waiver, you hereby acknowledge that in participating on a trip run by Alpine Recreation Canterbury Ltd (hereafter Alpine Recreation), there are inherent dangers and risks, and that while Alpine Recreation will use a high degree of skill in ensuring the safety and welfare of participants, it will not accept liability for loss, injury or damage sustained by a participant or his/her dependents in circumstances where such an event could not have been avoided by the exercise of reasonable care. While the staff and management of Alpine Recreation will take all practicable steps to identify and minimize potential dangers, I acknowledge that I must follow the instructions of the guide and use the safety equipment, when instructed at all times. If I am responsible for a person under the age of 18, I must ensure that the underage person follows the Guides' instructions at all times. I release and indemnify Alpine Recreation and staff against any liability they incur to anyone else, resulting from my failure to follow Alpine Recreation's instructions or the failure of any underage person accompanying me to follow the Guides' instructions.
Alpine Recreation reserves the right to withdraw any person who in their opinion is likely to endanger themselves or others. This exclusion includes the overuse of alcohol and/or recreational drugs. I also recognise that Alpine Recreation reserves the right to cancel, modify, or curtail any trip, if my safety or that of any other person becomes a concern.
I am aware that mountaineering and participation in an "Alpine Recreation Tour" may have extreme dangers and risks, some of which include:
- Mountain Terrain - mountainous areas with steep slopes in their natural state have many obstacles and extreme hazards, may not have been climbed or skied before, are not regularly patrolled or examined and where climbers or skiers may become lost or separated from the Guide or the Guiding Staff or other climbers or skiers and where communication is difficult and rescue and medical treatment may not be available.
- Avalanches - which may frequently occur in mountainous terrain ~ for mountaineering and may be caused by natural forces including steepness of the slopes, snow depth, instability of the snow pack or glaciers, by changing weather conditions or by climbers or skiers, helicopter or failure for any reason of the Guide or the Guiding Staff to predict when or where avalanches may or may not occur.
- Weather - weather conditions may be extreme and change rapidly without warning.
- Vehicle, Aeroplane or Helicopter Travel - additional risks are posed by road travel and by flying in mountainous areas and in variable weather conditions.
- Conduct of the Guide - the conduct of the Guide and/or the Guiding Staff and the conduct of other climbers or skiers.
I willingly accept all the risks of mountaineering including without limitation the risks described above and the possibility of personal injury, death, property damage or loss resulting there from for any reason. I acknowledge that the enjoyment and excitement of mountaineering is derived in part from climbing or skiing on steep slopes in mountainous terrain and that the inherent risks of mountaineering contribute to such enjoyment and excitement.
I accept that all Alpine Recreation's liability for loss of or damage to my property, disruption to travel plans, or mental injury is excluded. This exclusion is subject to any rights or remedies a customer has under the Consumer Guarantees Act 1993, or any other New Zealand law.
By accepting this waiver, I confirm that I am of the Age of Majority and that I have read and understood this Agreement and agree that this Agreement will be binding upon my heirs, next of kin, executors, administrators and successors. If under 18 years, parent or legal guardian must accept this waiver.
I certify that the information I have provided on my enrolment form regarding Medical Condition/s or other information is correct.