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Skywood Eco Adventure

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNIFICATION BY PARENT/LEGAL GUARDIAN on own behalf and on behalf of own Minor Children

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 (individually or collectively hereinafter referred to as “SLPC”).

IN CONSIDERATION OF: the SLPC permitting me and the minor child or children named below (each a Minor, together the Minors) 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. CONFIRMATION OF AUTHORITY. I am the parent or authorized legal guardian of the Minor(s) and confirm that I have the authority to execute this Release, and I do execute this Release, on my own behalf, on behalf of any other parent, guardian or legal representative and on behalf of the Minor(s). I confirm that no additional signature is required for this Release to be enforceable against me, against any other parent, guardian or legal representative of the Minor(s) or against the Minor(s);

2. 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, 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. 

3. 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 or the body or bodies of the Minor(s) 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 OR THE MINOR(S) 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

4. ASSUMPTION OF RISKS.  I have considered the Risks and have discussed them with the Minor(s).  I FREELY ACCEPT AND HEREBY EXPRESSLY, SPECIFICALLY AND FULLY ASSUME ALL RISKS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS TO ME OR THE MINOR(S) RESULTING FROM THE ACTIVITIES. 

5. SAFETY. I have read the SLPC Skywood Eco Adventure Rules (the “Rules”), which are set out below. I have explained the Rules to the Minor(s). I and the Minor(s) agree to abide by the Rules. We will attend any SLPC required safety presentations, follow the safety instructions, and wear all SLPC required safety equipment. We are aware that there are Guides available to answer any questions I or the Minor(s) may have about the proper use of the equipment. 

6. 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 and the Minor(s)’ degree of ability to participate in the Activities. I and the Minor(s) understand that we may withdraw from the Activities at any time a Guide advises that it is safe to do so. I confirm that I and each of the Minor(s) are in good physical and mental health.

7. 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 or the Minor(s) may suffer, or that my or the Minor(s)’ next of kin may suffer, either directly or indirectly, either in law or in equity, which arise, or may hereafter arise from my participation or the Minor(s) participation in the Activities or my or the Minor(s) 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 SLPC TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME OR THE MINOR(S) FROM THE RISKS OF PARTICIPATING IN THE ACTIVITIES. 

8. INDEMNITY. I HOLD HARMLESS AND INDEMNIFY 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 or from the participation of the Minor(s) in the Activities.

9. 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, any other parent, guardian or legal representative of each of the Minor(s), and each of the Minor(s) and be binding upon each of our heirs, next of kin, administrators, assigns and representatives, in the event of 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; and

(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 

10. 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. 

September 28, 2021

SKYWOOD ECO ADVENTURE RULES

The following rules (the "Rules") apply to all activities authorized by 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") on the premises of the Skywood Eco Adventure (the "Premises") which include, but are not limited to, Treewalk Village, the Adventure Courses, the Discovery Courses, the Zip Line Tour and the Discovery Accessible Zip Line (the "Activities"). 

1. Release: The Release of Liability, Waiver of Claims and Indemnification (the "Release") must be signed by, or on behalf of, every person participating in the Activities (a "User"). "Adult" (persons who are 18 years of age and older) Users must execute a Release on their own behalf before they will be permitted to participate in any Activities. Minor Users under 18 years of age must have a Release executed by their parent or legal guardian, before they will be permitted to participate in any Activities. Improperly executed or incomplete waivers will not be accepted by the SLPC. 

2. Adult Supervision: Minors under 16 years of age must be supervised by an Adult. Children 3-8 years old must have an Adult, who is able to provide direction and assistance, with them at all times when participating in the Activities. Children 9-11 years old must have an Adult supervisor watching them when they use the Discovery Courses, the Discovery Accessible Zip Line and Treewalk Village and participating with them when they use the Adventure Courses. Youth aged 12-15 years old must have an Adult supervisor watching them when they participate in the Activities. 

3. Food, Drink and Drugs. Food and drinks are allowed on the Premises, but not when participating in the Activities. Smoking, drinking alcohol or doing drugs on the Premises is forbidden at all times. Persons under the influence of alcohol or drugs will be prohibited from entering the Premises and from participating in the Activities. 

4. Safety. Users must participate in all SLPC required safety presentations before beginning any Activities, regardless of the number of times they have participated in the Activities. Users must wear all SLPC required safety equipment while participating in the Activities. Users must respect posted signage and must follow all instructions given by SLPC's guides (the "Guides"). Except when instructed by a Guide, Users must not walk outside of the trails or underneath the courses. In case of doubt about any matter, Users must not hesitate to ask for advice from the Guides. Users must have a Guide's permission to move on to a more advanced Activity. 

5. Weather and Safety Conditions. The courses are open rain or shine. The lead Guide will determine if climbing cannot continue (safety, high-winds, or thunder/lightning). SLPC reserves the right to interrupt or stop the Activities in its sole discretion. 

6. Wristband. Users must wear the wristband provided by SLPC and abide by the return time marked on the wristband. 

7. Health and Physical Ability. Users with health conditions or concerns must inform SLPC at the time of booking and again when they arrive on the Premises. Users must engage in the Activities only within their own physical ability. Users must cease participation if they are uncomfortable. 

8. Clothing. Users should wear comfortable, close fitting clothing. Pants should be knee length or longer. Closed-toed shoes are required. Long hair must be tied back. SLPC is not responsible for marks or tears to clothing or shoes sustained during the Activities. 

9. Age, Height and Weight Restrictions. User must abide by the specified age and height restrictions, if any, for the Activities. The weight limit for the Activities is 113 kg (250 pounds). 

10. Treewalk Village: Users must be at least 3 years old. There is no minimum height requirement. There can be no more than 5 users on a net at any time. Users must only descend from the tree houses by way of the slides or ramps, refrain from climbing the enclosures, stay on the designated trails, respect the line-up process, and not engage in any other types of games (e.g. "tag") that have the potential to increase the risk of injury. 

11. Adventure Courses: Users in the Beginner and Intermediate Adventure Courses must be at least 9 years old and at least 140 cm (55 inches) tall. Users in the Advanced Adventure Courses must be at least 12 years old and 152 cm (60 inches) tall. There can be no more than 2 Users on a platform at one time, no more than 1 User on a game at one time, and no more than 1 User on or attached to a zip line or ladder at one time. A User must remain attached to the safety cables by 2 carabiners at all times, except when moving safety lines between cables at which time the User must be attached with at least 1 carabiner. The User must NEVER detach both carabiners at the same time. Users must observe the coloured indicators attached to the cables and only attach the User's carabiners to the safety cables which have red indicators. 

12. Zip Line Tour: Users must be at least 12 years old and 152 cm (60 inches) tall. There can be no more than 8 users on a zip line platform at one time and no more than 1 user on or attached to a zip line or ladder at one time. A User must remain attached to the safety cables by 2 carabiners at all times, except when moving carabiners between safety cables at which time the User must be attached with at least 1 carabiner. The User must NEVER detach both carabiners at the same time. Users must observe the coloured indicators attached to the cables and only attach the User's carabiners to the safety cables which have red indicators 

13. Discovery Accessible Zip Line: Users must be at least 9 years old and 140 cm (55 inches) tall. 

14. Discovery Courses: Users must be at least 5 years old. There is no height requirement. There can be no more than two Users on a platform at one time, nor more than 1 User on a game at one time and no more than 1 User on or attached to a zip line at one time. A User must attach the User's trolley to the safety cable at the start of each course and leave the trolley attached until it detaches automatically at the exit to the Course. A User must NEVER detach a trolley while on the course. 

15. Users who do not respect and follow the Rules, may be excluded from Activities and/or evicted from the Premises at the discretion of the Guides. Guides do not have to warn Users, nor is SLPC required to reimburse entrance fees.

First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Legal Guardian's Email Address

Email*

Confirm Email*
Parent(s) or 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 Release, as set forth above.
Parent or Legal Guardian's Name

First Name*

Last Name*
Parent or Legal Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Legal 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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