TO: NORM HANN EXPEDITIONS (the “Operator”), HER MAJESTY THE QUEEN IN RIGHT IN THE PROVINCE OF BRITISH COLUMBIA, and the principles, directors, shareholders, officers, employees, agents, guides, instructors, representatives, successors and assigns of Norm Hann Expeditions (hereinafter collectively referred to as the “Releasees”).
In this agreement the term “stand-up paddleboarding” shall include all activities, events, or services provided, arranged, sponsored or authorized by the Operator, including but not limited to: use or operation of stand-up paddleboards; tours; transportation; or travel to or from the waterway or marshaling areas; back country travel; orientation or instructional courses, seminars and sessions; and all other such activities, events and services in any way connected with or related to the Operator.
ASSUMPTIONS OF RISKS
I agree and understand that taking part in the activity of stand-up paddleboarding (the “Activity”) can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. I acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. I acknowledge and accept that the Releasees may fail to predict whether an accident may occur. The risks and dangers of the activity include, but are not limited to: changing weather conditions, changing tides, undertows, changing water conditions, cold water immersion, hidden underwater obstacles, trees or other above water obstacles, collision with other participants, changing and unpredictable currents, drowning, exposure, swimming, overturning, improper use of equipment, equipment failure, dehydration, sunburn, not being familiar with the waterway and forecasted water and weather conditions, nightfall, high surf, high winds, rapids, other watercraft, docks, pilings, or any other obstacles, mental distress from exposure to any one of the above, failure to operate the stand-up paddleboard within one’s own ability, and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF THE ACTIVITY.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITY AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing my participation in the activities provided, 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 the Activity, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C 1996, c.337, ON THE PART OF THE RELEASEES, AND INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPAING IN THE ACTIVITY AS REFERRED TO ABOVE;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage to property of, or personal injury to, any third party, resulting from my participation in the Activity;
- This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in the event of my death or incapacity;
- This Agreement and any rights, duties and obligations are between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and
- Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be in the exclusive jurisdiction of the Courts of the Province of British Columbia.
In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of the art class, other than what is set forth in this Agreement.
I HAVE READ AND UNDERSTAND THIS 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 AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
Dated: March 21, 2019