TO: BANFF ADVENTURES UNLIMITED INC. o/a THE BANFF CANOE CLUB; 676173 BC INC.; and their respective directors, officers, employees, agents, representatives, instructors, guides, contractors, subcontractors, sponsors, successors and assigns (all of whom are hereinafter collectively referred to as the "Releasees"). DEFINITION In this Release Agreement the term "River Activities" shall apply to all activities, events or services provided, arranged, organized, sponsored or authorized by the Releasees, including but not limited to: guided tours; use of kayaks, canoes, paddle boards and safety equipment including personal floatation devices; swimming; hiking; camping; orientation and instruction sessions; all transportation or travel to and from the river; loading and unloading of vehicles, kayaks and canoes; and all related activities. KAYAKING, CANOEING AND RAFTING SAFETY I acknowledge that I have been advised to wear a personal floatation device while kayaking, canoeing or paddle boarding. RENTAL AGREEMENT I accept full responsibility for the care of the rental equipment and agree to pay for any damage to the Equipment and replace the Equipment at full retail value if not returned at the conclusion of the River Activity. ASSUMPTION OF RISKS I am aware that participating in River Activities involves many risks, dangers and hazards including but not limited to: slips and falls; loss of balance; overturning or upsetting of kayaks or canoes; entrapment by trees, logs, or equipment; drowning; hypothermia; variation in the water conditions, surfaces and currents, including high waves and tides; changing and inclement weather conditions including storms, high wind and lightning; impact or collision with rocks, trees, logs, deadfall, other vessels, or other persons; equipment failure; miscellaneous health problems related to over-exposure to the sun; dehydration; insect bites; negligent first aid; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact, negligence of other persons and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN RIVER ACTIVITIES. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATION IN RIVER ACTIVITIES.
RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
PLEASE READ CAREFULLY! TO: BANFF ADVENTURES UNLIMITED INC. o/a THE BANFF CANOE CLUB; 676173 BC INC.; and their respective directors, officers, employees, agents, representatives, instructors, guides, contractors, subcontractors, sponsors, successors and assigns (all of whom are hereinafter collectively referred to as the "Releasees") RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of the Releasees permitting me to participate in River Activities, I hereby agree as follows: 1. I AGREE TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the Releasees and TO RELEASE THE RELEASEES from any and all liability for any 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 River Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF STATUTORY DUTY OF CARE, INCLUDING ANY DUTY OWED UNDER THE OCCUPIERS’ LIABILITY ACT, R.S.A. 2000, c. 0-4, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN RIVER ACTIVITIES; 2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any damage to property of or personal injury to any third party resulting from my participation in River Activities; 3. 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; 4. This Release Agreement 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 Alberta and no other jurisdiction; and 5. Any litigation involving the parties to this Release Agreement shall be brought solely within Alberta and shall be within the exclusive jurisdiction of the Courts of Alberta. I HAVE READ THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. Date: March 30, 2025 |