WHYNOT ADVENTURE OUTFITTERS
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS, INDEMNITY AGREEMENT, AND JURISDICTION AGREEMENT
(Hereinafter referred to as the "Release Agreement")
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
PLEASE READ CAREFULLY!!
TO: WHYNOT ADVENTURE OUTFITTERS, THE KEJI (KEJIMKUJIK) OUTFITTERS, all related companies and their respective owners, directors, officers, employees, agents, representatives, instructors, guides, contractors, subcontractors, suppliers, sponsors, successors and assigns, and to the manufacturers and distributors of the rental equipment, and their directors, officers, agents and representatives, and HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF NOVA SCOTIA (all of whom hereinafter collectively referred as "the Releasees”).
In this Release Agreement Canoeing, Kayaking, Stand Up Paddleboarding, Tubing, Bicycling, Hiking, Backpacking, Camping, Portaging, and Transportation (hereinafter "the Activities") shall apply to all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees including but not limited to: whitewater, still water, and ocean canoeing, kayaking and stand up paddleboarding; rental of canoes, kayaks, stand-up paddleboards, tubes (hereinafter "the boats"), bicycles, camping and other equipment; use of safety equipment including personal flotation devices and helmets, orientational and instructional sessions and courses; guided tours; loading and unloading of vehicles, boats, and bicycles; and all travel, transportation and accommodation.
ACKNOWLEDGEMENT – SAFETY
I acknowledge that I have been advised to wear a personal flotation device (lifejacket) at all times while using a boat. I also acknowledge that I have been advised to wear a helmet at all times while bicycling. Instruction as to the proper use of the helmet and the personal flotation device is available from the guides.
ASSUMPTION OF RISKS
I am aware that the Activities involve many risks, dangers and hazards including, but not limited to: accidents which occur during transportation or travel to and from pick-up and drop-off points; slip and falls; overturning or upsetting of boats or bicycles; loss of balance; impact, collision with or entrapment by trees, logs, deadfall, boats or equipment; drowning; hypothermia; changing and inclement weather conditions including storms, high wind, high waves, and lightning; equipment failure; encounters with domestic or wild animals; the failure to boat, hike, or bicycle safely within one’s own ability or within designated areas; human error, failure to forecast or recognize a hazardous situation, failure of the Releasees to predict whether the terrain used is safe for the activities or whether an accident may occur; uncontrolled, unmarked, or inspected terrain; negligent first aid; and negligence on the part of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES INCLUDING FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES. Communication in both land and water terrain used is difficult and in the event of an accident, rescue and medical treatment may not be available. Weather conditions may be extreme and can change rapidly and without warning, making travel by any means hazardous.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND 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 agreeing to my participation in the Activities and permitting my use of their services, equipment, vehicles, parking, and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future 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. 1996, c.27, s. 1., ON THE PART OF THE RELEASEES. I UNDERSTAND NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITIES 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. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any costs they may incur for medical costs, search and rescue, evacuation, and litigation resulting from my participation in the Activities;
4.This Release 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;
5. This ReleaseAgreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Nova Scotia and no other jurisdiction; and
6. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province Nova Scotia and shall be within the exclusive jurisdiction of the Courts of the Province of Nova Scotia.
PHOTO/VIDEO RELEASE - I consent to photographs and/or video taken of me (and any minor children listed) being used for advertising, promotional or marketing purposes.
In entering into this Release 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 AM THE FULL AGE OF NINETEEN (19) YEARS AND I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT, AND AGREE TO BE BOUND BY ITS TERMS.
Tue Oct 15, 2019
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