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 TOFINO PADDLE SURF RELEASE OF LIABILITY, WAIVER OF CLAIMS

TO: Tofino Paddle Surf, and its directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as“the Releasees”)
DEFINITION: In this Release Agreement, the term “the Activities” means all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees including but not limited to: stand up paddleboarding; rental of stand up paddleboards (hereinafter “SUP”) and other equipment; orientation and instructional courses, tours, retreats, contests, races, seminars, fitness and yoga sessions; and all travel, transport and accommodation and other such activities, events and services in any way connected with or related the Activities.


EQUIPMENT AGREEMENT:
I accept the “Equipment” rented to me by Tofino Paddle Surf, listed at the end of this paragraph is in good working condition. I accept full responsibility for the care of the Equipment while it is in my possession and further agree to pay for any damages loss, including theft of the Equipment while it is in my possession. I agree to pay for any and all damages and/or losses of the standup paddleboards,kayaks,paddles,wetsuits,life jackets,surfboards,skim boards, leashes and/or body boards.

I Agree

ASSUMPTION OF RISKS:
I am aware that the Activities involve many risks, dangers and hazards. The risks, dangers and hazards include but are not limited to negligence on the part of other participants; and NEGLIGENCE ON THE PART THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND 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.
I Agree

COVID-19:
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, provincial, and municipal governments and health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.Tofino Paddle Surf Adventure Company Inc (“TPS”) has put in place preventative measures to reduce the spread of COVID-19; however, the TPS cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, participating at TPS could increase your risk and your child(ren)’s risk of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by participating at TPS and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at TPS may result from the actions, omissions, or negligence of myself and others, including, but not limited to, TPS employees, volunteers, and other participants and their families.

I Agree

In consideration of the RELEASEES agreeing to my participation in the Activities and permitting my use of their services, equipment and other facilities, I hereby agree as follows:

1.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 loss, damage, expense or injury, including death, that I or any other person may suffer or that my next of kin may suffer, as a result of my participation in the Activities, 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, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE MANY RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES.

I Agree

2.TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or bodily injury to any third party resulting from my participation in the Activities or the use of any of the Releasees’ equipment, including SUPs; 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 the Province of British Columbia and no other jurisdiction; and 5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of the with respect to the safety of participating in other than what is set forth in this Release Agreement. I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING IT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I MAY HAVE AGAINST THE RELEASEES.

I Agree

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
Information
Any medical needs we should be aware of?*
No
Yes
Please list any medical needs we should be aware of.
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Any medical needs we should be aware of?*
No
Yes
Please list any medical needs we should be aware of.
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Any medical needs we should be aware of?*
No
Yes
Please list any medical needs we should be aware of.
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Any medical needs we should be aware of?*
No
Yes
Please list any medical needs we should be aware of.
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Any medical needs we should be aware of?*
No
Yes
Please list any medical needs we should be aware of.
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Any medical needs we should be aware of?*
No
Yes
Please list any medical needs we should be aware of.
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Any medical needs we should be aware of?*
No
Yes
Please list any medical needs we should be aware of.
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Any medical needs we should be aware of?*
No
Yes
Please list any medical needs we should be aware of.
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Any medical needs we should be aware of?*
No
Yes
Please list any medical needs we should be aware of.
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Information
Any medical needs we should be aware of?*
No
Yes
Please list any medical needs we should be aware of.
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Please email info@tofinopaddlesurf.com with any questions regarding this waiver.
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.


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*
Middle Name
Last Name*
Phone*
Parent or Guardian's Date of Birth*
Date of Birth
Information
Any medical needs we should be aware of?*
No
Yes
Please list any medical needs we should be aware of.
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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