Bow Waters Canoe Club (BWCC) Informed Consent, Assumption of Risk, Release of Liability, and Indemnity Agreement PLEASE READ CAREFULLY BEFORE SIGNING By signing this document, I acknowledge and agree to the following terms, conditions, and responsibilities as a participant in activities organized by the Bow Waters Canoe Club (BWCC): 1. Definition In this Release Agreement, the term BWCC Activities and Events shall include but is not limited to: all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the BWCC and shall include moving water and still water while participating in lake, river or ocean kayaking, canoeing, rafting or paddle boarding; loan or rental of kayaks, canoes, rafts, or paddle boards (hereinafter “the boats”) and other equipment; orientational and instructional courses, seminars and sessions; swimming and related land and water activities; all travel, transportation, and accommodation; food, beverage including water supply, use of equipment, and multi-day camping or overnight stays in the outdoors. 2. Acknowledgment of Risks I understand that participation in BWCC Activities and Events involves inherent risks, dangers, and hazards, including but not limited to: - Capsizing, drowning, and hypothermia
- Changing weather and water conditions (currents, cold water exposure, storms, high wind, high waves, and lightning)
- Submerged rocks, logs, or other obstacles
- Equipment failure (canoe, paddles, safety gear)
- Impact or collision with objects
- Encounters with domestic or wild animals
- All forms and sources of illness; infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact
- Serious injury, paralysis or death
- Dehydration, sunburn, heat exhaustion, or overexertion
- Slips and falls while getting into or out of the boats, loss of balance
- Repetitive strain injuries and dislocated shoulders
- Navigational errors leading to group separation
- Accidents which occur during transportation or travel to and from the departure point;
- Impact or collision with other participants, vehicles, or structures
- Avalanches, falling ice, and frostbite
- Slips, trips, and falls on icy or uneven terrain
- Hidden obstacles such as tree wells, rocks, and roots
- Remote locations limiting access to medical care
I further acknowledge that negligence on the part of BWCC, its volunteers, staff, directors, officers, agents, and representatives or other participants may contribute to these risks. Despite these risks, I freely choose to participate. 2. Assumption of Risk By signing this agreement: - I voluntarily assume all risks associated with participating in BWCC Activities and Events.
- I acknowledge that participating exposes me and my child(ren), if applicable, to risks of injury, death, and property damage.
- I acknowledge that BWCC Activities and Events are NOT guided trips. Trip coordinators are volunteers responsible solely for the coordination of logistics.
- I acknowledge that, through participation in BWCC Activities and Events, I am considered a common adventurer and remain responsible for my and my child(ren)’s skills, and our safety and wellbeing.
3. Medical Fitness and Emergency Care - I certify that I, and any minor(s) under my supervision, are physically fit and have no medical conditions that would prevent safe participation in BWCC Activities and Events.
- I agree to notify BWCC of any medical, physical, or developmental conditions that may require attention in an emergency.
- I authorize BWCC to obtain medical care, including transportation to a medical facility, in the event of an emergency. I agree to bear all costs of such care.
4. Financial Responsibilities I agree to be financially responsible for all expenses resulting from my or my child(ren)’s participation, including: - Costs related to medical care, transportation, and rescue operations.
- Reimbursement to BWCC for any damage to property caused by me or my child(ren).
5. Participant Responsibilities By signing, I agree: - To supervise and be responsible for any minors under my care at all times.
- To ensure I, and any minors under my care, wear appropriate safety gear (e.g., personal floatation devices, life jackets, helmets).
- To follow all instructions, safety rules, and guidelines provided by BWCC.
- To notify BWCC of any medical conditions that may impact participation.
6. Additional Terms for Minors If signing on behalf of a minor: - I certify that I am the minor’s parent/legal guardian and have the legal authority to sign this agreement.
- I agree to be responsible for the minor’s safety, conduct, and adherence to BWCC’s safety guidelines.
7. Release of Liability, Waiver of Claims, and Indemnity In consideration for participating in BWCC Activities and Events: - I hereby RELEASE, WAIVE, AND DISCHARGE BWCC, its volunteers, staff, directors, officers, agents, and representatives from ANY AND ALL CLAIMS that I have or may in the future have against the BWCC and TO RELEASE THE BWCC from any and all liability for any loss, damage, expense or injury including death that I may suffer, or that my next of kin may suffer as a result of my or my child(ren)’s participation in BWCC activities and events, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE BWCC, ITS VOLUNTEERS, STAFF, DIRECTORS, OFFICERS, AGENTS, AND REPRESENTATIVES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN BWCC ACTIVITIES AND EVENTS REFERRED TO ABOVE;
- I further agree to INDEMNIFY AND HOLD HARMLESS BWCC and its representatives from any and all liability for any property damage or personal injury to any third party resulting from my or my child(ren)’s participation;
- 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;
- 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 the province where the BWCC Activities and Events take place and no other jurisdiction; and
- Any litigation involving the parties to this Release Agreement shall be brought solely within the province where the BWCC Activities and Events take place and shall be within the exclusive jurisdiction of the Courts of that province. In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of BWCC Activities and Events, other than what is set forth in this Release Agreement.
I CONFIRM THAT 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 BWCC, ITS VOLUNTEERS, STAFF, DIRECTORS, OFFICERS, AGENTS, AND REPRESENTATIVES.
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