MEDICAL DISCLOSURE: I agree to disclose any relevant medical conditions prior to purchasing the Marine Excursion including back or neck problems, osteoporosis, heart conditions or pregnancy so that an appropriate Marine Excursion can be recommended to me.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS AGREEMENT
(hereinafter referred to as the “Release Agreement”)
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
PLEASE READ CAREFULLY!
TO: OCEAN OUTFITTERS LTD. and any contractual or performing carriers and each of their directors, officers, employees, volunteers, agents, guides, insurers, independent contractors, subcontractors, suppliers, representatives, sponsors and each of their respective successors and assigns (collectively, the “RELEASEES”).
In this Release Agreement, the term “Marine Excursion” shall include all activities, events and services provided, arranged, organized, conducted, sponsored or authorized by the RELEASEES and shall include, but is not limited to, whale watching excursions, trips to view other wildlife, fishing, kayaking, trips to Hot Springs Cove and water taxi services. The definition of Marine Excursion includes each and every Marine Excursion in which you participate during the this season ending on December 31st.
ASSUMPTION OF RISKS:
- I am aware that a Marine Excursion involves many risks, dangers and hazards which include, but are not limited to, rough or variable sea conditions such as strong currents, eddies, large waves, swells, wakes from other vessels, floating objects, underwater waves and hazards such as cables, wreckage, stumps, rocks or shoals, any of which may be encountered suddenly and without warning; dangerous actions by wildlife, rough or variable weather conditions, including heavy rain, lightning and high winds; ocean spray; wet and slippery decks, ramps and stairs; sudden or violent movement of the vessel; collision with docks, wharves, shore, objects or other vessels; prolonged exposure to cold water; hypothermia; capsizing; accidental drowning; negligence of other participants and other persons or guides and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN A MARINE EXCURSION INCLUDING THOSE REFERRED TO ABOVE. 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 AND/OR RELATING IN ANY WAY TO MY PARTICIPATION IN THIS MARINE EXCURSION.
- I specifically understand that the area and seats at or near the front of some vessels provide a rougher and bumpier ride than the area and seats at the rear of the boat, and that persons with any back or neck problems should not sit or stand at or near the front of the vessel.
- I understand and agree that the Marine Excursion requires greater safety equipment and procedures than those used normally in the carriage of passengers and exposes passengers to greater risks than passengers are normally exposed to in the carriage of passengers.
- If I have already paid for the Marine Excursion and do not accept the terms of this Release Agreement, I know I can demand a refund and will not participate in the Marine Excursion. I know that this Release Agreement applies to any Marine Excursion in which I participate and I agree it is not necessary to sign another Release Agreement for each and every Marine Excursion.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY:
In consideration of the RELEASEES agreeing to my participation in the Marine Excursion and permitting my use of their services, vessels, equipment, parking and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I HEREBY AGREE AS FOLLOWS:
- TO WAIVE ANY AND ALL CLAIMS that I have or may have in the future against the RELEASEES and to release the RELEASEES of and from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin or others may suffer as a result of my participation in the Marine Excursion 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, RSBC 1996, c.337 ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING ANY FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE MARINE EXCURSION INCLUDING THOSE REFERRED TO ABOVE.
- To hold harmless and indemnify the RELEASEES of and from any and all claims and liability, including all related legal fees and expenses, for any property damage, loss, personal injury or death to any third party, arising from or in any way connected with, my participation in the Marine Excursion, or my use of the RELEASEES’ vessels, equipment or facilities.
- Notwithstanding anything else in this Release Agreement, and without detracting from any limitation or exclusion of liability contained herein, if it is held that any of the RELEASEES are liable to me for any claim, then I agree that the collective amount of their liability shall not exceed Cdn$1,000.00.
- That this Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed and interpreted solely in accordance with the laws of the Province of British Columbia and maritime laws of Canada but no other jurisdiction.
- That any litigation, actions, suits or claims against or involving the RELEASEES shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the courts of the Province of British Columbia or of the Federal Court of Canada.
- That this Release Agreement shall be effecting and binding upon my spouse, children, parents, heirs, next of kin, executors, administrators, successors, assigns and representatives in the event of my injury, death or incapacity and I shall full indemnify the RELEASEES should any claim be made by a third party arising from my participation in the Marine Excursion.
- That in entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the RELEASEES, or the lack of any such representations or statements, with respect to the safety of, or my participation in, any part of the Marine Excursion, other than what is set forth in this Release Agreement.
- That I am age nineteen (19), or older, and that I have had an opportunity to carefully read this Release Agreement and to consider all of its contents; that I fully understand its contents and agree to be bound by its terms; and that I am relying wholly upon my judgment, belief and knowledge, freely and of my own accord, as acknowledged by my signature hereon.
- That this Release Agreement constitutes as acceptance in writing of the risks of the Marine Excursion pursuant to s. 37.1(1)(d) of the Marine Liability Act .S.C.2001,c. 6
Dated: December 10, 2019