PLEASE READ CAREFULLY
BY SIGNING THIS DOCUMENT YOU WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
TO: The ST. LAWRENCE PARKS COMMISSION and its directors, officers, employees, agents, volunteers, independent contractors, representatives, successors and assigns (collectively hereinafter referred to as the “SLPC”).
IN CONSIDERATION OF the SLPC permitting me to participate in the Activities, I hereby freely, voluntarily and without duress execute this Release of Liability, Waiver of Claims and Indemnification (the “Release”) on the following terms:
1. ACTIVITIES. The term “Activities” includes all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the SLPC on the premises of the Skywood Eco Adventure (the “Premises”) and shall include, but shall not be limited to, Treewalk Village, the Adventure Courses, the Discovery Courses, the Zip Line Tour and the Discovery Accessible Zip Line, which in turn include, but are not limited to, aerial adventure courses and games; zip lines; accessible zip lines; self-braking rapid descent activities; climbing in, on or using trees, tree houses, nets, ramps, ladders, bridges and ropes; rope courses; hiking, observing or otherwise moving on or around the Premises; and using equipment apparatus and facilities belonging to or otherwise made available by or through the SLPC on the Premises.
2. RISKS. I am aware that participation in the Activities involves inherent and unusual risks, dangers and hazards (“Risks”) including, but not limited to, exposed and falling rock, earth, ice, trees or other natural objects; wildlife; changing weather conditions which may cause trails and apparatus and zip lines to be slippery; equipment or apparatus failure; improper use of equipment or apparatus; over exertion; difficult natural and/or man-made terrain; impacts or collisions with trees, platforms or other natural or man-made objects; collisions with other participants, SLPC guides (“Guides”), spectators or other third parties; slips and falls; falls from heights; failure to remain within designated areas; negligence of other participants or third parties; the aggravation of pre-existing mental or physical injuries conditions or congenital defects caused by unusual mental stresses, physical exertion and forces exerted on my body and NEGLIGENCE ON THE PART OF THE SLPC INCLUDING THE FAILURE ON THE PART OF THE SLPC TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME from the Risks. I am also aware that the Risks referred to above exist throughout the Premises and may be uncontrolled, unmarked and not inspected.
3. ASSUMPTION OF RISKS. I FREELY ACCEPT AND HEREBY EXPRESSLY, SPECIFICALLY AND FULLY ASSUME ALL RISKS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING FROM THE ACTIVITIES.
4. SAFETY.I have read, and agree to abide by, the SLPC Skywood Eco Adventure Rules (the “Rules”), which are set out below.. I will attend any SLPC required safety presentations, will follow all safety instructions and will wear the SLPC required safety equipment. I am aware that there are Guides available to answer any questions I may have about the proper use of the equipment.
5. HEALTH. I understand that people suffering from intoxication, asthma, epilepsy, cardio/respiratory disorder, hypertension, skeletal, joint or ligament conditions, cardio or pulmonary conditions, heart conditions, high blood pressure neurological disorders, chronic neck or back problems or a history of aneurisms or pregnancy or who suffer from any physical limitations or conditions that could constitute a danger to themselves or others should not participate. I acknowledge that the level of participation is at all times completely up to me and that I am the best and only judge of my degree of ability to participate in the Activities. I understand that I may withdraw from the Activities at any time a Guide advises that it is safe to do so. I confirm that I am in good physical and mental health.
6. WAIVER OF CLAIMS, RELEASE OF LIABILITY. I WAIVE ANY AND ALL CLAIMS that I have, or may in the future have, against the SLPC. I HEREBY RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS the SLPC from any and all liability, claims, and demands of whatever kind of nature including, but not limited to, any loss, damage, injury including death, or expense that I may suffer, or that my next of kin may suffer, either directly or indirectly, either in law or in equity, which arise, or may hereafter arise from my participation in the Activities or my use of the Premises, 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, R.S.O. 1990, c.O.2, ON THE PART OF SLPC, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE SLPC TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS OF PARTICIPATING IN THE ACTIVITIES.
7. INDEMNITY. I HOLD HARMLESS AND INDEMNIFY THE SLPC for any claims or demands resulting from any property damage or personal injury to any third party, which might be made against the SLPC resulting from my participation in the Activities.
8. OTHER. I expressly acknowledge and agree that:
(i) in entering into this Release, I am not relying on any oral or written representations or statements made by the SLPC or any other person with respect to the safety of the Activities, other than what is set forth in this Release.
(ii) this Release: (a) is intended to be as broad and inclusive as permitted by the laws of Canada and the Province of Ontario; (b) is intended to bind me, and be binding upon my heirs, next of kin, administrators, assigns and representatives, in the event of my death or incapacity; and (c) shall be governed and interpreted in accordance with the laws of Canada and the Province of Ontario and any litigation involving the parties shall be brought within the Province of Ontario,
(iii) in the event that any clause or provision of the Release shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provisions shall not otherwise affect the remaining provisions or this Release which shall continue to be enforceable.
9. COLLECTION OF INFORMATION. Personal information is collected by the SLPC under the authority of Subsection 5(1) of the St. Lawrence Parks Commission Act, R.S.O. 1990, c. S.24 for the administration of the Release. Any questions about the collection of your personal information should be directed to the attention of the Administrative Assistant to the General Manager, St. Lawrence Parks, 13740 County Road 2 Morrisburg, ON, K0C 1X0 or 1-800-437- 2233.
Before signing this Release, please ensure that you read and understand each section. Indicate that you have done so by initialing in the spaces where provided and signing below. Persons with incomplete or incorrectly completed forms will not be permitted to participate.
Date: September 28, 2021