WAIVER AND RELEASE OF LIABILITY PLEASE READ CAREFULLY, and clarify any questions or concerns before signing. This is a binding legal agreement with Wildernook Fresh Air Learning, operating as Wildernoook, its agents, owners, officers, affiliates, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf (and their respective successors and assigns) (collectively, “Wildernook”). Description and Acknowledgment of Risks I acknowledge that my participation and/or my Child’s (including any person who I am legal guardian of or responsible for the supervision of) participation in Wildernook events, experiences, camps and programs (including, but not limited to Nature Baby, Nature Tots, Nature Grandparenting, Nature Playcare, day camps, curricular programing, professional development training and outdoor skill development training such as canoeing or cross country skiing offered by Wildernook) (the “Activities”) is voluntary and contains known and unanticipated risks. The risks include, among other things: slips, trips and falls; falling from height, collision with fixed objects or people; insect stings; dehydration; physical exertion associated with this activity; psychological damage; permanent disability; possible eye, ear and nose injury leading to loss of senses; injury due to negligence of other participants or persons who may be present. I acknowledge the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization and understand that COVID-19 is extremely contagious. The Organization has put in place preventative measures to reduce the spread of COVID-19; however, Wildernook Fresh Air Learning cannot guarantee that I/my child will not become infected with COVID-19. Further, participating in the Activities could increase the my/my child’s risk of contracting COVID-19. Release of Liability and Waving of Rights I hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives, knowingly and voluntarily enter into this waiver and release of liability and hereby waive any and all rights, claim or causes of action of any kind whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Wildernook Fresh Air Learning, located in Saskatoon, Saskatchewan, Canada, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to bodily injury, illness, paralysis, death, damages, economical or emotional loss, that I/my child may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this Activity. Voluntary Participation in Activity I am voluntarily participating in the aforementioned Activity and I am participating in the Activity entirely at my own risk. I am aware of the risks inherent in participating in this Activity, which may include, but are not limited to, physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and death. I understand that these injuries or outcomes may arise from my own or others’ negligence, conditions related to travel, or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity, including Contracting COVID-19 or any other contagious disease, from and during this Activity. I agree to indemnify and hold harmless Wildernook Fresh Air Learning against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney’s fees and any related costs, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf. If Wildernook Fresh Air Learning incurs any of these types of expenses, I agree to reimburse Wildernook Fresh Air Learning. I acknowledge that Wildernook Fresh Air Learning and their directors, staff, volunteers, representatives and agents are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Wildernook Fresh Air Learning. Acknowledgement of Understanding of this Agreement I acknowledge that I have carefully read this “waiver and release” and fully understand that it is a release of liability. I expressly agree to release and discharge Wildernook Fresh Air Learning and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or cause of action and I agree to voluntarily give up any right that I otherwise have to bring a legal action against Wildernook Fresh Air Learning for personal injury or property damage. In the event that any damage to equipment or facilities occurs as a result of my or my family’s willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions or neglect or recklessness. Voluntary Signing of this Agreement This Agreement was entered into at arm’s-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both the Participant and Wildernook Fresh Air Learning agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will be used or admitted to alter or explain the terms of this Agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into. In the event that any provisions contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect, so long as the clause severed does not affect the intent of the parties. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited. I, the undersigned participant and/or legal guardian, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this release cannot be modified orally. I am aware that this is a release of liability and a contract and that I am signing it of my own free will. SIGNED this day July 11, 2026 |