Assumption of Risks and Indemnity, Waiver of Claims, Release of Liability, (The “Agreement”).
By Signing this Agreement You will Waive Certain Legal Rights, including the Right to Sue.
Please Read Carefully!
TO: 1347416 Alberta Ltd. operating as Lazy Day Raft Rentals, and to the Entities’ directors, officers, employees, agents, contractors, suppliers, sponsors, successors, assigns, and representatives of 134716 Alberta Ltd. (collectively the “Releasee”);
1. In this Agreement:
a. “Rafting Activities” means the raft or boat trip, plus before, during or after the raft or boat trip, anything related to or connected with the raft or boat trip including, but not limited to; use or occupation of Rafting Equipment (defined hereinafter); orientation and instruction sessions, if any; direct and indirect communication (including electronic) and physical and non-physical interaction with and between any and all participants and the Releasee; all transportation or travel; loading, unloading, entering, occupying or using Rafting Equipment and land of the Province; and all other activities on or near the water.
b. “Rafting Equipment” means all rafts; boats; gear; equipment; apparel; buses, trucks, trailers, and other vehicles; computers, cameras, software, websites and other forms of electronic communication; and all land, buildings, and other structures, and their contents, occupied or used by the Releasee.
2. For good and valuable consideration, the receipt and sufficiency of which I acknowledge, including the agreement of the Releasee to my participation or, if the participant is less than 18 years of age or a dependant adult (the “Minor”), to the participation of the Minor, in Rafting Activities and use of Rafting Equipment, I accept and agree that [and if the participant is a Minor, I hereby declare and agree that I accept full legal responsibility for the Minor whether or not I am the parent or legal guardian of, or am otherwise legally responsible for, the Minor]:
a. I VOLUNTARILY ACCEPT AND ASSUME for myself and, if applicable, for the Minor ALL RISKS, DANGERS AND HAZARDS of and associated or connected with Rafting Activities and use of Rafting Equipment including, without limitation, personal injury, death, property damage, and direct or indirect loss resulting therefrom;
b. I WAIVE ANY AND ALL CLAIMS that I and, if applicable, the Minor now have or may in the future have against the Releasee, AND I RELEASE THE RELEASEE from any and all liability for any loss, damage, expense or injury, including death, as a result of Rafting Activities or use of Rafting Equipment, or due to any cause related thereto including negligence, gross negligence, breach of contract or of any statutory, common law, equitable or other duty of care owed, including under the Occupiers Liability Act, RSA 2000, c O-4 as amended or by reason of breach of duty raised by any other statute, by the Releasee, from risks, dangers and hazards of Rafting Activities and use of Rafting Equipment; and
c. I HOLD HARMLESS AND INDEMNIFY THE RELEASEE from all liability for property damage or personal injury, including to third parties, and all costs [including, without limitation, legal fees and disbursements on a solicitor and own client (full indemnity) basis], resulting from my participation in and, if applicable, participation of the Minor in, Rafting Activities or use of Rafting Equipment or due to any cause related thereto.
3. In or near water, wearing a lifejacket is mandatory. Depending on the classification of the waterway, other protective gear, including wearing a helmet, may be required.
4. Rafting Activities and using Rafting Equipment requires exertion and focus and can cause injury or aggravate pre-existing injuries and conditions and I am solely responsible for deciding whether or not I or, if applicable, the Minor should participate.
5. I acknowledge and accept that Rafting Activities and use of Rafting Equipment may be very dangerous and involves foreseeable and unforeseeable risks, dangers and hazards including, but not limited to: accidents during or resulting from vehicle transportation or travel; rafts overturning; falling out of rafts; drowning; impact or collision with rocks, trees, other debris, other rafts or boats, other participants and rafting equipment; encounters with animals; passing trains or crossing train tracks; negligence and recklessness of others; and Negligence or Gross Negligence of the Releasee, Including the Failure by the Releasee to Safeguard or Offer Protection from such Risks, Dangers and Hazards. I nevertheless freely and voluntarily assume all of the risks, dangers, and hazards, and my use of Rafting Equipment shall be entirely at my own risk.
6. I am aware of which waterways in and around Calgary Alberta are safe and I clearly acknowledge that I know the location of the Harvie Passage on the Bow River and that it is non-navigable and closed to the public. I agree to exit the Bow River prior to the Harvie Passage.
7. I am familiar with the proper use of the Rafting Equipment prior to its use. The Releasee is in no way responsible for my safety or the durability or suitability of the Rafting Equipment. I am fully responsible for my own safety and for the Rafting Equipment.
8. Impairment in any way, including by alcohol or drugs, during Rafting Activities or while using Rafting Equipment is prohibited and I declare that I am not impaired.
9. I agree and acknowledge that this Agreement is binding upon my and the Minor’s heirs, next of kin, executors, administrators, assigns and representatives.
10. I agree that this Agreement is governed by and interpreted in accordance with the laws of Alberta and any litigation shall be brought within Alberta and is in the exclusive jurisdiction of the courts of Alberta.
11. In entering into this Agreement, I am not relying on any oral or written representations or statements made by the Releasee regarding the safety of the Rafting Equipment or my use of the Rafting Equipment, other than what is set out in this Agreement.
12. I irrevocably Consent to the Releasee, and Waive and Release all claims against and Indemnify and Save Harmless the Releasee, for recording, editing and publishing my or the Minor’s image and voice in any way and agree that such recordings and publications are the sole property and copyright of the Releasee.
13. I consent to receiving Commercial Electronic Messages from the Releasee (consent can be withdrawn at any time by unsubscribing to our newsletter).
COVID Waiver Lazy day Raft Rentals
I acknowledge the contagious nature of the Coronavirus/COVID-19 and that Alberta Health Services and many other public health authorities still recommend practicing social distancing.
I further acknowledge that 1347416 Alberta Ltd. o/a Lazy Day Raft Rentals has put in place preventative measures to reduce the spread of the Coronavirus/COVID-19.
I further acknowledge that 1347416 Alberta Ltd. o/a Lazy Day Raft Rentals cannot guarantee that I will not become infected with the Coronavirus/Covid-19. I understand that the risk of becoming exposed to and/or infected by the Coronavirus/COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, staff, and other customers and their families.
I voluntarily seek services provided by 1347416 Alberta Ltd. o/a Lazy Day Raft Rentals and acknowledge that I am increasing my risk to exposure to the Coronavirus/COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my rental services.
I attest that:
- I am not experiencing any symptom of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
- I have not traveled internationally within the last 14 days.
- I have not traveled to a highly impacted area within Canada in the last 14 days.
- I do not believe I have been exposed to someone with a suspected and/or confirmed case of the Coronavirus/COVID-19.
- I have not been diagnosed with Coronavirus/COVID-19 and not yet cleared as non-contagious by Provincial or local public health authorities.
- I am following all AHS recommended guidelines as much as possible and limiting my exposure to the Coronavirus/COVID-19.
I hereby release and agree to hold 1347416 Alberta Ltd. o/a Lazy Day Raft Rentals harmless from, and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the business, or that may otherwise arise in any way in connection with any services received from 1347416 Alberta ltd o/a Lazy day Raft Rentals. I understand that this release discharges 1347416 Alberta Ltd. o/a Lazy Day Raft Rentals from any liability or claim that I, my heirs, or any personal representatives may have against the business with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from 1347416 Alberta ltd o/a Lazy day Raft Rentals. This liability waiver and release extends to the business together with all owners, partners, and employees.
I understand that the Releasees are providing services to me on the express understanding that I sign the ASSUMPTION OF RISKS and INDEMNITY, WAIVER OF CLAIMS, RELEASE OF LIABILITY;
I understand that by signing this Agreement, I will be forever precluded from suing or otherwise claiming against the Releasees, for any loss or damage connected with any property loss, personal injury, or death I may sustain while participating in the Rafting Activities or related activities, whether or not such a loss or injury is caused solely or partly by the NEGLIGENCE or FAULT of any of the Releasees; and
I HAVE CAREFULLY READ AND FULLY UNDERSTAND THIS ASSUMPTION OF RISKS and INDEMNITY WAIVER OR CLAIMS, RELEASE OF LIABILITY AND I AM AWARE THAT BY SIGNING THIS AGREMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY (OR IF APPLICABLE THE MINOR’S) HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.
THIS DOCUMENT CONTAINS ONEROUS AND UNUSUAL CLAUSES. READ THOROUGHLY AND CAREFULLY BEFORE SIGNING.
Today's Date: May 16, 2021