This is a legally binding agreement, which will bar your ability to sue for injuries you may receive while competing in the 2019 Kalamalka Classic SUP Festival X (Kalamalka Classic). Please read this Agreement carefully and do not sign unless you agree to all of the terms.)
Safety Warning and Assumption of Risk
Participants are advised that they should be in good physical condition because events may involve strenuous physical activity. Participants are further advised that the 2019 Kalamalka Classic is held in a natural environment, in conditions that are subject to change at any time and without prior warning. Aspects of the environment which may be hazardous include, but are not limited to the following: submerged rocks, inshore holes, sand bars, strong currents, strong wave action, cross currents, rip currents and hazards caused by other competitors or boaters. I acknowledge that water-based competition, such as the stand up paddle board events offered at the 2019 Kalamalka Classic are inherently dangerous sport and I participate at my own risk. There is an inherent risk of serious injury and death in connection with water-based competition, and I expressly assume the risks for any damages to myself, any other persons or property resulting from my participation in the 2019 Kalamalka Classic.
Release of Liability and Waiver of Claims
For and in consideration of permitting the undersigned participant (in the capacity of competitor, volunteer or spectator) to enroll in and participate in the athletic events and competition organized by Kalavida Sports Ltd and the Regional District of Central Okanagan, and North Okanagan Regional District (The “Released Parties”) the Undersigned hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action of personal injury, property damage or wrongful death occurring to him/ herself arising as a result of engaging in, receiving instructions regarding said activities and participating in the competition or any activities incidental thereto wherever or however the same may occur and for whatever period said activities or competition activities may continue, and the Undersigned does for him/ herself, his/her heirs, executors, administrators and assigns hereby release, waive, discharge and relinquish any action or causes of action, aforesaid, which may hereafter arise for him/herself and for his/her estate, and agrees that under no circumstances will he/she or his/her heirs, executors, administrators and assigns prosecute, present any claim for personal injury, property damage or wrongful death against KALAVIDA SPORTS LTD, the Regional District of Central Okanagan, and North Okanagan Regional District, or any of its officers, agents, servants or employees for any of said causes of action, whether the same shall arise by the negligence of any of said persons, co participants or otherwise.
IT IS THE INTENTION OF THE UNDERSIGNED PARTICIPANT BY THIS INSTRUMENT, TO EXEMPT AND RELIEVE KALAVIDA SPORTS LTD AND the Regional District of Central Okanagan, and North Okanagan Regional District FROM ANY LIABILITY WHATSOEVER FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY PASSIVE OR ACTIVE NEGLIGANCE OF THE RELEASED PARTIES.
The Undersigned acknowledges that he/she has read the foregoing paragraph, has been fully and completely advised of the potential dangers incidental to engaging in the activity and competition activities offered by the Released Parties, and is fully aware of the legal consequences of signing the Release of Claims Agreement.
I ACKNOWLEDGE THAT BY SIGNING THIS RELEASE OF CLAIMS AGREEMENT, THAT I AM GIVING UP AND WAIVING THE RIGHT TO PURSURE A CLAIM AND FILE A LAWSUIT AGAINST THE RELEASED PARTIES IF I AM IN ANY WAY INJURED OR KILLED DURING THIS EVENT.
Parental/Guardian Agreement
(Must be signed by the parent/guardian of any competitor under the age of eighteen (18) and this form must be signed by such parent/ guardian.)
I/We, the undersigned, do agree on behalf of any/our minor child/ward, to be bound by the terms and conditions of this release form. We hereby waive any and all claims that could be asserted by the minor, including, but not limited to any claims which may arise under the Code of Civil Procedure proving for an action by the parents/guardian of an injured minor. I/We have explained the consequences of this release to the minor and I/We understand that in the event the minor is injured or killed in an lake event, I/We will not be able to bring any claim for damages for any injury to or loss of life of the minor.
Photograph, Film and Video Authorization
In consideration for the 2019 Kalamalka Classic and Kalavida Sports Ltd allowing me to compete in any and all lake events, on behalf of myself, my heirs assigns and personal representatives, I hereby agree and consent to my likeness being preserved in photographs, film video or other electronic means. I further agree that my likeness may be used by KALAVIDA SPORTS LTD without any payment to me, for any purpose, including but not limited to: advertising, news media, commercial use and sales. The undersigned represents that all of the statements set forth herein are true and correct, and I declare under penalty of perjury that I have read and understand each and every part of this Agreement and that I am executing the same of my own free will, and without and coercion by the Released Parties.
Refund and Cancellation Policy (New). Please read carefully. I have read and fully understand the Refund and Cancellation Policy and agree to all conditions. |