RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND
ASSUMPTION OF RISKS AGREEMENT
BY ACCEPTING THE TERMS THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS
INCLUDING THE RIGHT TO CLAIM COMPENSATION OR SUE SHOULD YOU BE
INJURED.
PLEASE READ CAREFULLY!
TO: DEEP COVE CANOE & KAYAK CENTRE LTD., and its directors, officers, shareholders, employees, guides,
instructors, agents, representatives, contractors, subcontractors, successors and assigns (hereinafter
collectively referred to as “THE RELEASEES”).
- This Agreement shall apply to all activities, events or services provided, arranged, organized, sponsored or
authorized by the Releasees, including but not limited to: canoeing; kayaking; hiking; swimming; backpacking; camping; orientation
and instructional courses and sessions; clinics; programs; camps; races; multi-day trips; guided activities; tours; transportation or
travel to and from locations used for the Activities; transportation or travel by motorized boat; loading and unloading of boats
(hereinafter referred to as “the Activities”).
ACKNOWLEDGEMENT – SAFETY
I acknowledge that I have been advised to wear a personal flotation device (lifejacket) at all times while in the canoe or kayak.
ASSUMPTION OF RISKS - I am aware that participation in the Activities involves risks, dangers and hazards including, but not
to: slips and falls while boarding or disembarking from the canoe or kayak; overturning of the canoe or kayak; loss of balance
while in the canoe or kayak; falling from the canoe or kayak; hypothermia due to exposure to very cold water; drowning; variation in
the water conditions, surfaces and currents, including high waves and tides; changing and inclement weather conditions including
storms, high wind and lightning; entrapment by trees, logs, rocks or equipment; collision with rocks, trees, logs, deadfall, boating
equipment and other canoes, kayaks, or motorized vehicles; equipment failure; accidents that occur while hiking, backpacking and
camping including steep slopes in their natural state that may contain many obstacles and hazards, and terrain that may not have
been travelled on or climbed before and is not regularly patrolled or inspected; variation in the terrain including holes, depressions,
loose gravel, rocks, mud, roots, creeks; impact with trees, tree stumps, forest deadfall, rocks, or other natural or man-made objects
on or adjacent to the trails; encounters with wild and domestic animals; becoming lost or separated from one’s guide, instructor or
party; failure to act safely or within one’s ability or to stay within designated areas; and negligence of other persons. I AM AWARE
THAT ONE OF THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES IS NEGLIGENCE ON THE PART OF THE
RELEASEES, INCLUDING THE FAILURE OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS,
DANGERS AND HAZARDS OF THE ACTIVITIES, SOME OF WHICH ARE REFERRED TO ABOVE. 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.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT - In consideration of the Releasees allowing
me to participate in the Activities and permitting my use of their equipment, and for other good and valuable consideration, the
receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE 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 the 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 UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 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 REFERRED TO ABOVE.
2. 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 the Activities.
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 and any rights, duties and obligations as between the parties to this Agreement shall be governed by and
interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction.
5. Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall
be within the exclusive jurisdiction of the Courts of the Province of British Columbia.
MARINE LIABILITY ACT - The Marine Liability Act, S.C. 2001, c. 6, may limit the liability of the Releasees in the event of an
accident resulting in injury or death.
In entering into this Agreement, I am not relying on any oral or written representations or statements made by the Releasees with
respect to the safety of the Activities, other than what is set forth in this Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, 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 |