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Keiron Smith We Love Kiteboarding School Student Waiver

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS

BY SIGNING THIS DOCUMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION

PLEASE READ CAREFULLY!

The individual named below (referred to as "I" or "me") desires to participate the sport of kitesurfing, kiteboarding, landkiting, ground instruction, water instruction, flight instruction and related activities (hereinafter collectively called “Kiteboarding” or the "Activity") provided by We Love Kiteboarding, and Keiron Smith, an International Kiteboarding Organization Certified Instructor (the "Keiron") at various locations across Ontario as the case may be. As lawful consideration for being permitted by the Keiron to engage in the Activity/the intangible value that I will gain by participating in the Activity and receiving his instructions, I agree to all the terms and conditions set forth in this agreement (this "Agreement").

1.      I am aware and understand that the Activity is a potentially dangerous activity and involves the risk of serious injury, disability, death, or property damage. I am further aware and understand that I may be around the presence of motorized vehicles and in variable conditions which may further increase the risk of serious injury, disability, death and property damage. I am also aware of the contagious nature of bacterial and viral diseases including the 2019 novel coronavirus disease (COVID-19) and the risk that I may be exposed to or contract COVID-19 or other infectious diseases by engaging in the Activity, which may result in serious illness, personal injury, disability, death, or property damage. I understand and acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of Keiron, or his employees or others, including negligent emergency response or rescue operations of the Keiron, employees or contractors of Keiron. I understand that while the Keiron has implemented measures to reduce the risk of injury from the Activity and the spread of COVID-19, Keiron cannot guarantee that I will not be injured generally, or infected with COVID-19 due to my participation in the Activity. I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED. I HEREBY AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING FROM MY ENGAGING IN THE ACTIVITY, WHETHER CAUSED BY THE NEGLIGENCE OF KEIRON OR OTHERWISE.

2.      I hereby expressly waive and release any and all claims which I have or may in future have, against Keiron, and his employees, agents, assistants, representatives, affiliates, shareholders, successors, and assigns (collectively, "Releasees"), on account of injury, illness, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the negligence of the Keiron or any other Releasee or otherwise, including without limitation, breach of contract, or breach of any statutory or other duty of care. I covenant not to make or bring any such claim against the Keiron or any other Releasee, and forever release and discharge the Keiron and all other Releasees from liability under such claims.

3.      I confirm that I am: (a) in good health, in proper physical condition, and do not have any medical or other conditions that would impair my ability to participate in the Activity; and (b) not experiencing symptoms of COVID-19 (such as cough, shortness of breath, or fever) and do not have a confirmed or suspected case of the COVID-19 and have not come in contact in the last 14 days with a person who has been confirmed or suspected of having the COVID-19. I will comply with all federal, provincial and local laws, orders, directives, and guidelines related to the Activity and COVID-19 while participating in the Activity, including, without limitation, requirements related to hand sanitation, social and physical distancing, and use of face coverings and safety equipment. I will also follow all instructions, recommendations, and cautions of Keiron at all times during the Activity. If at any time I believe conditions to be unsafe, that I am no longer in proper physical condition to participate in the Activity, or I begin experiencing symptoms of the Disease, I will immediately discontinue further participation in the Activity. I recognize that it is not the responsibility of any Releasee to determine my fitness to participate in the Activity.

4.      I shall defend, indemnify, and hold harmless Keiron and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable legal fees, fees, and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by/awarded against the Keiron or any other Releasees arising out or resulting from any claim of a third party related to my participation in the Activity.

5.      This Agreement constitutes the sole and entire agreement of Keiron and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement is binding on and shall inure to the benefit of Keiron and me and our respective successors and assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. without giving effect to any choice or conflict of law provision or rule (whether of the Province of Ontario or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the courts of the Province of Ontario, and I hereby consent to the exclusive jurisdiction of such courts.

[SIGNATURE PAGE FOLLOWS]

BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS (ON MY BEHALF AND ON BEHALF OF MY HEIRS, EXECUTORS, ADMINISTRATORS, AND NEXT-OF-KIN), INCLUDING THE RIGHT TO SUE THE KEIRON AND THE RELEASEES.

First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Signature*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Signature*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Signature*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Signature*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Signature*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Signature*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Signature*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Signature*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Signature*
Parent or Guardian's Email Address

Email*

Confirm Email*
Yes, add me to the We Love Kiteboarding mailing list!
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*

Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

I am the parent or legal guardian of the minor named above. I have the legal right to consent and, by signing below, I hereby do consent to the terms and conditions of this Release of Liability and Waiver of Claims.



By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.

Parent or Guardian's Name

First Name*

Last Name*

Relationship*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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