Further to the question put forth by TMAC members specifically regarding the nomenclature used in Tourism Yukon’s Press Trip Waiver Form, Dale Dunlop spoke directly with a representative from Tourism Yukon last week.

We learned that the indemnity clause was not Tourism Yukon's idea, but rather that of the Justice Department. Tourism Yukon opposed it at first, without success. 

The first people to complain were German bloggers, but subsequently several others. According to Tourism Yukon, only two people chose not to visit because of the indemnity clause, only one of whom was a former TMAC member.

It was suggested that, in all likelihood, others simply chose not to pursue a press trip to the Yukon as a result of hearing about the indemnity clause from their peers.

It was recommended that use of the term 'gross negligence' instead of 'simple negligence' would reduce the likelihood of a claim being made to near zero. The representative from Tourism Yukon agreed to take that recommendation to the Justice Department and get back to TMAC/Dale Dunlop sometime in the future.