PLEASE READ CAREFULLY!
INFORMED CONSENT, RISK ACKNOWLEDGMENT, RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
NOTICE: By signing this document you;
(a) acknowledge that you understand the risks associated with the events of the Bow Waters Canoe Club (hereinafter referred to as BWCC);
(b) are aware that by participating in the events you are exposing yourself and your children to those risks;
(c) are assuming both physical and legal risks associated with the events;
(d) are giving up your legal right to recover compensation for any injury to yourself or for any injury to or death of your children;
(e) are giving up your family's right to bring an action to recover compensation as a result of your death;
(f) are agreeing not to bring an action on behalf of yourself or your children in the event you or your children are injured or killed.
In this agreement: the term 'Event' shall include all camping, hiking, Nordic and back-country skiing, canoeing or kayaking activities or services provided, arranged, organized, conducted, sponsored or authorized by BWCC and shall include, but is not limited to, Nordic and back-country skiing, canoe and kayak camps, competitions, demonstrations, tours, orientation and instructional courses, seminars and sessions, and other such activities, events and services in any way connected with or related to BWCC.
Canoe and ski tours of BWCC are NOT guided trips. There is a volunteer coordinator responsible for logistics only. BWCC members and non-member participants remain responsible for their own skills, safety, actions and equipment. All participants shall be considered 'common adventurers'. All adult members are responsible for the safety of their children.
I am aware that participation in an event involves many risks, dangers and hazards including, but not limited to, regarding winter events: changing weather conditions; hypothermia; avalanches; exposed rock, earth, ice, and other natural objects; trees, tree wells, tree stumps, forest dead fall; the condition of snow or ice on or beneath the skiing surface; changes or variations in the skiing terrain which may create blind spots or areas of reduced visibility; changes or variations in the skiing surface or sub-surface, variable and difficult snow conditions; streams, creeks and exposed holes in the snow pack above streams or creeks; cliffs; crevasses; road-banks or cut-banks; fences, snowmobiles or other vehicles, equipment or structures; impact or collision with other skiers; the failure to ski safely or within one's own ability or within designated areas; negligence of other skiers; and regarding summer events: encounters with wild animals; rapid changes in water depth, volume or current speed of rivers; bridges, weirs, groins, fences and other man made river obstructions; log jams, fallen trees, waterfalls, rapids, exposed rocks, beaver dams, ice, and other natural river obstructions, changing or extreme weather conditions including lightning; sudden upset into cold moving water; hypothermia; difficult ingress/egress between boat and land; unstable earth and rock formations; impact or collision with other boaters; collision with motor vehicles while at put-in or take-out points; the failure to paddle safely or within one's own ability; negligence of other paddlers, hikers or campers; forest fires; and NEGLIGENCE ON THE PART OF BWCC OR ITS STAFF INCLUDING THE FAILURE ON THE PART OF BWCC AND ITS STAFF TO SAFEGUARD OR PROTECT ME AND MY CHILDREN FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN AN EVENT.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH EVENTS AND I FREELY ACCEPT AND FULLY ASSUME ALL LEGAL AND PHYSICAL RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM ON BEHALF OF MYSELF AND MY CHILDREN.
I have made BWCC aware of any physical, medical or developmental limitations that could impact on my or my children's participation in BWCC events. I authorize BWCC to secure such medical and or other advice and services as it, in its sole discretion, may deem necessary for my or my children's health and safety should it be necessary in an emergency.
In consideration of participating in the events of the club:
- I agree to be financially responsible for all costs and expenses which may be incurred with respect to rescues, travel, medical attention or other services provided on behalf of myself or my children and agree to reimburse BWCC or any third party for all costs of these services.
- I agree to hold harmless and indemnify BWCC, its employees, officers, directors, volunteer trip/tour coordinators, agents and instructors from any and all liability for any damage to the property of, or personal injury to or death of any person resulting from my or my children's participation in the events of the club.
- I agree that BWCC, its employees, officers, directors, volunteer trip/tour coordinators, agents and instructors and each of them are not responsible for any loss or damage sustained by me or my children as a result of any injury to or the death of either myself or my children whether caused by the negligence of BWCC or otherwise.
- I agree that this document applies to each and every BWCC event in which my children and I participate, commencing today without expiry. The content of this document does not have to be brought to my attention prior to each event in order to be effective and it does not have to be signed for each event in which my children and I may participate.
I hereby release, waive and discharge BWCC, its employees, officers, directors, volunteer trip/tour coordinators, agents and instructors and each of them from all liability to myself, my family, heirs, executors and administrators for any and all loss or damage and any claims or demands for such loss or damage arising from any injury to or the death of myself or my children whether caused by the negligence of BWCC its employees, officers, directors, volunteer trip/tour coordinators, agents and instructors, or otherwise and I further agree not to sue BWCC, its employees, officers, directors, agents or instructors on behalf of myself or my child.
I am the full age of 18 years, I am aware of the nature and effect of this Informed Consent, Risk Acknowledgment and Release of Liability and Indemnity Agreement and I acknowledge having read this document before submitting this form.
INTENDING TO BE LEGALLY BOUND I have submitted this Informed Consent, Risk Acknowledgement, Release of Liability and Indemnity Agreement.