RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(the “Release Agreement”)
BY SIGNING THIS DOCUMENT, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
This Release Agreement shall apply to all subsequent pass & card renewals
TO: OWL Rafting Inc. and its directors, officers, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (hereinafter collectively referred to as the “Releasees”).
In this Release Agreement the term "Whitewater Activities" shall apply to all activities, events or services provided, arranged, organized, sponsored or authorized by the Releasees, including but not limited to: whitewater rafting, kayaking, canoeing, SUP’s; cliff jumping, swimming; use of safety equipment including personal floatation devices, helmets and wet suits; orientation and instruction sessions; all transportation or travel to and from the river; loading and unloading of vehicles and rafts, kayaks, canoes and SUP’s (hereinafter collectively referred to as “Vessels”); and all activities while on the river. And all activities while utilizing the Releasees’ facilities, including but not limited to; other courses, food and beverage services, social functions, weddings, overnight stays.
WHITEWATER SAFETY INSTRUCTIONS AND ACKNOWLEDGEMENT
I acknowledge that I have been advised to wear both a helmet and a personal floatation device while engaging in Whitewater Activities. Instruction as to the proper use of the helmet and the personal floatation device is available from the guides / instructors. I am aware that wearing both a helmet and personal flotation device while participating in Whitewater Activities does not eliminate the risk of being injured and only minimizes the risk of injury and/or death. I am aware that Whitewater Activities may involve sudden, violent and unexpected movement of the Vessel, which may result in injury or aggravation of previous injuries. I have been advised to seek medical advice before engaging in Whitewater Activities if I know or suspect that my physical condition may be incompatible with Whitewater Activities.
ASSUMPTION OF RISKS
I am aware that Whitewater Activities involve many risks, dangers and hazards including but not limited to: accidents which occur during transportation or travel to and from the river; slips, trips and falls; the overturning or upsetting of Vessels; sudden, violent and unexpected movement of the Vessels; entrapment by trees, logs, rocks or equipment; drowning; hypothermia due to exposure to very cold water; falling from the Vessel into long sections of continuous rapids; impact or collision with natural objects including rocks, trees, logs, deadfall, river bed or river bank, collisions with other persons or other Vessels, and other Vessels equipment; encounters with domestic or wild animals; high winds; equipment failure; variation in the water conditions, surfaces and currents; negligent first aid, negligent rescue efforts; and the negligence of other participants. Communication on the river is difficult, and in the event of an accident, rescue and medical treatment may not be available. I understand that the other risks of participating in Whitewater Activities can include exposure to infectious disease, bacteria, or virus, including but not limited to COVID 19, that results in physical distress, illness or death. I am also aware that there is a risk of NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF WHITEWATER ACTIVITIES AND THE USE OF THE RELEASEES’ PREMISES. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH WHITEWATER ACTIVITIES AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees agreeing to my participation in Whitewater Activities and permitting my use of their Vessels, equipment, vehicles, parking and other facilities (hereinafter “the premises”), I hereby agree as follows:
- 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 may suffer, or that my next of kin may suffer, as a result of my participation in Whitewater Activities DUE TO ANY CAUSE WHATSOEVER, INCLUDING BUT NOT LIMITED TO 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. 0.2, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD, PROTECT OR RESCUE ME FROM THE RISKS, DANGERS AND HAZARDS OF WHITEWATER ACTIVITIES REFERRED TO ABOVE. I HEREBY AGREE THAT THE RELEASEES SHALL NOT BE LIABLE FOR ANY SUCH PERSONAL INJURY, DEATH OR PROPERTY LOSS AND RELEASE THE RELEASEES AND WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO.
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in Whitewater Activities;
- 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 of Ontario and any litigation involving the parties to this agreement shall be brought in the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario.
PHOTO/VIDEO RELEASE - I consent to photographs and/or video taken of me (and any minors included in this Release Agreement) being used for advertising, promotional or marketing purposes.
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 Whitewater Activities, other than what is set forth in this Release Agreement.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.