TO: LATITUDE 48 PADDLING CLUB (L48) and its respective directors, officers, members, agents, officials, successor employees, organizers, volunteers, and other representatives (collectively, the Club). PARTICIPANT’S DECLARATION: I, the Participant or Legal Guardian of the participant (if participant is under 19 year of age), am aware that paddle sports including Outrigger Canoeing (collectively hereinafter, know as “Paddling Activities”) involve inherent risks, dangers and hazards including, but not limited to; variable weather conditions; variable water conditions including waves, high water and floods; natural objects both exposed and underneath the water surface; equipment failure, whether borrowed, rented or owned by the participant; impact or collision with docks, other vessels and other participants; the failure to paddle safely or within one’s ability; negligence of other participants; and NEGLIGENCE ON THE PART OF the Club OR ITS MEMBERSHIP INCLUDING THE FAILURE ON THE PART OF the Club AND ITS MEMBERSHIP TO SAFEGUARD OR PROTECT ME FROM ANY RISKS, DANGERS AND HAZARDS OF “PADDLING ACTIVITIES”. I Agree PARTICIPANT’S ASSUMPTION OF RISKS: In Consideration of the Club granting to the participant the rights and privileges of membership in the Club and /or being permitted to use the Club equipment and facilities and participate in the paddling, training, coaching, racing, operational and other activities of the Club (collectively, the “Paddling Activities”), the Participant agrees as follows:
1. I agree to abide by the rules, regulations and policies established by the Club applicable to the Paddling Activities, including, without limitation, the wearing of a personal floatation device (PFD) if required. During my participation, I agree to act responsibly with a view to preserving my own safety and the safety of other participants. 2. I acknowledge that Paddling Activities involve risks, dangers and hazards inherent in paddling and associated outdoor water sports, and further acknowledge that in addition to these inherent risks, Paddling Activities involve certain additional risks, dangers and hazards, some of which may include, without limitation: physical exertion for which I may not be prepared; weather extremes, including sudden and unexpected changes; dangerous water conditions, including cold water and movement, waves, currents, rapids and white water; immersion in cold water; hypothermia; underwater entrapment; collision with natural and man-made objects, including rocks, docks and other boats; slippery docks; equipment malfunction or failure; and delay or inability for rescue or medical treatment in a timely manner (collectively, the “Risks”). 3. I acknowledge that the enjoyment of participation in Paddling Activities is derived, in part from the Risks, and agree to freely accept and fully assume all risks of personal injury, death or property damage or loss, resulting from any cause whatsoever, including but not limited to, the Risks, active or passive negligence, imprudence, lack of skill, error of judgment, breach of contract or breach of statutory duty of care on the part of the Club. For greater certainty and without limiting the foregoing, I acknowledge that I use the equipment and facilities of the Club without notice of the nature, condition and state thereof, and entirely at my own risk, and I acknowledge that I am solely responsible for the safety of my person and property and that the Club assumes no responsibility whatsoever for the safety of my person or property in connection with the Paddling Activities. 4. I hereby waive, release and forever discharge the Club from, and agree not to sue the Club in respect of, any and all damages, losses, liabilities, claims, costs and expenses (including legal fees) of any kind whatsoever and howsoever arising (including, without limitation, in respect of death, injury, loss or damage to any person or property, or any other loss or damage) that I or my heirs or next-of-kin may suffer or incur, or allege to suffer or incur, arising in any way out of my participation in the Paddling Activities due to any cause whatsoever, including without limitation, active or passive negligence, imprudence, lack of skill, error of judgment, breach of contract or breach of statutory duty of care on the part of the Club. I Agree THE PARTICIPANT’S INDEMNITY TO THE CLUB: I, the Participant, agree to save harmless and indemnify the Club from and against any and all liability for any personal injury, death, property damage or loss to any third party, resulting from my participation in the Activities or in the operation of the Club. I agree that I am responsible for all costs of rescue or medical attention rendered to me or for my benefit, arising from the Paddling Activities and I agree to indemnify the Club from any and all liability in respect of any and all such costs. If I damage or lose any equipment of the Club or damage any facility of the Club, I agree that I may be held responsible for some or all of the insurance deductible payable. If insurance does not cover the damage or loss, then I agree that I may be held responsible for the cost of repairing the damage or replacing the equipment, and I agree to compensate the Club within thirty (30) days of receiving notice of such costs from the Club. I Agree RISK OF THE PARTICIPANT’S INCAPACITY AND CONSENT TO MEDICAL ATTENTION AND TREATMENT: As a Participant, if I am unable to consent at the time due to injury or illness, I hereby consent to the administration of first aid and other emergency medical treatment for such injury or illness that occurs while participating in the Activities or while at the Club. Further, I hereby release and forever discharge the Club from any claim whatsoever which arises or may hereafter arise on account of any first-aid treatment or other medical services rendered as contemplated hereunder. I Agree THE PARTIPANT’S CONSENT TO PUBLICATION: I, the Participant, grant full permission to the Club to use my name and/or likeness, and/or any photographs, video clips, motion pictures, recordings, or any other record of my Club membership or participation in the Paddling Activities, of me, for any legitimate purpose as determined by the Club, without any compensation to me. I further authorize the Club to collect and use personal information about me or my child/ward for the purpose of receiving communications (emails, newsletters, publications, announcements, invitations and other news or information) from the Club and posting articles of interest, newsletters, promotions, statistics, images and results on the Club’s website and other social media. This consent is provided in compliance with the Personal Information Protection Act and the Canadian Anti-Spam Legislation (Canada). I understand that I may withdraw such consent at any time by contacting the Club directly. I Agree GENERAL PROVISIONS: 1. This Agreement shall be binding on my heirs, next-of-kin, executors, administrators, assigns and representatives in the event of my death or incapacity. 2. If any provision of this Agreement is held invalid or unenforceable, it will be severed from this Agreement and will not affect the validity or enforceability of the remaining provisions of this Agreement. 3. This Agreement sets out the entire agreement between the parties regarding the subject matter hereof and may not be amended. 4. This Agreement and its application and interpretation will be governed exclusively by the laws of British Columbia applicable, and the parties agree to the jurisdiction of the courts of the Province of British Columbia.
CONFIRMATION & SIGNING: I, THE PARTICIPANT, OR LEGAL GUARDIAN OF THE PARTICIPANT (IF PARTICIPANT IS UNDER 19 YEARS OF AGE) CONFIRM THAT: 1. I HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT BEFORE SIGNING IT; and 2. I ACKNOWLEDGE AND AGREE BY SIGNING THIS AGREEMENT I AM GIVING UP CERTAIN LEGAL RIGHTS THAT I OR MY LEGAL REPRESENTATIVES MAY HAVE AGAINST THE CLUB, LATITUDE 48 PADDLING CLUB. 3. I ACKNOWLEDGE THAT I HAVE BEEN GIVEN SUFFICIENT TIME TO REVIEW AND HAVE READ IN FULL THIS AGREEMENT. |