RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN
LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
PLEASE READ CAREFULLY!!
TO: DHR Limited Partnership, Deerhurst Resort and their respective directors, officers, employees, volunteers, agents, independent contractors, subcontractors, representatives, sponsors, successors and assigns and to the Manufacturers and Distributors of the Rental Equipment, and their respective directors, officers, employees, agents and representatives and to the owners, lessors or occupiers of all lands and premises upon which the Particiant(s) may from time to time be participating in activities and/or clinics and/or games (collectively the “Releasees”).
AS PART OF MY CONSIDERATION FOR THE USE OF THE RELEASEES’ RENTAL EQUIPMENT, FACILITIES AND RESORT PREMISES (which includes without limitation its waterways, docks and a variety of water sporting activities, equipment and clinics which include (as available) but are not limited to the following: inflatable toys, Splash Zone area/ equipment, boat tours, swimming, canoeing, kayaking, trampoline, Corcl's, Waterbikes and SUP’s collectively referred to as the “Premises”) and for other good and valuable consideration, the sufficiency of which is acknowledged by the Participants, the Participant agrees to the following terms:
- I/We will be participating in the activities and/or clinics offered by Deerhurst and using Deerhurst’s facilities and/or equipment at my/our own risk.
- I/We understand and agree to pay for any and all damages to the facilities and/or equipment caused by my/our use of it.
- I/We represent and warrant that I/We am/are knowledgeable in the use of the facilities and equipment, which I/we will from time to time decide to use.
- I/We will at all times ensure that my/our participation in any given activity is within the limits marked out by Deerhurst or within the areas designated by Deerhurst.
- I/We will always wear a life jacket, and I will ensure it is fastened properly.
- I/We will treat the equipment I/We am/are using with respect, especially until
- I/We learn/experience its capabilities.
- I/We must not have any alcoholic beverages before or during my/our participation in any of the water sporting activities or clinics.
- I/We understand there are elements of risk of injury in water sports and all activities that generally accompany or are associated with water sports.
- I/We understand that I/We am/are at all times responsible for the safety and conduct of any passengers on the equipment I/We am/are using.
- I/We understand that failure to comply with above terms may result in additional charges and/or the removal of waterfront privileges.
ASSUMPTION OF RISKS
As a condition of the undersigned using the lands, facilities and/or Equipment of Deerhurst, I/we the undersigned Participant (s) or the duly authorized legal guardian(s) of the Participant(s) (if applicable), assume all risk of personal injury, death or property loss or any consequential or indirect loss or damage, resulting from any cause whatsoever, including but not limited to:
- The inherent risks of water sporting activities, including, without limitation, Canoe, Kayak, stand-up Paddle Boards, Corcl, and all other water vessels, Waterbikes, Bikes
- The use of any and all Deerhurst facilities, Equipment, lands and Premises
- Negligence, breach of contract, breach of statutory duty of care or breach of the Occupiers’ Liability Act on the part of Deerhurst, their employees, agents, principals, officers, directors, servants, representatives and/or the owners, lessors or occupiers of all lands and premises upon which I/we the Participant(s) or the duly authorized legal guardian(s) of the Participant(s) may from time to time be participating on.
RELEASE OF LIABILITY
In Consideration of the Releasees allowing me to rent the equipment and use the premises, I hereby agree as follows:
1. 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 and all claims, suits, loss, damage, expense, costs or injury including death that I may suffer, or that my next of kin may suffer either directly or indirectly, as a result of my use of the Equipment and 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 Releasees, and also including the failure on the part of the Releasees to warn, safeguard and/or protect me from the risks, dangers and hazards of inflatable toys, Splash Zone area/equipment, boat tours, swimming, canoeing, kayaking, trampoline, SUP’s and any and all related activities.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability, claims, suits, loss, damages, expenses, costs in connection with any damage to property of or personal injury to, any third party, resulting from my use of the Equipment or the Premises;
3. 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;
4. This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction; and
5. That any litigation involving the parties to this Agreement shall be brought within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario.
I HAVE READ AND UNDERSTAND THIS AGREEMENT. BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I AM AGREEING TO THE FOLLOWING:
I. THAT I AM ASSUMING ALL RISK OF INJURY, LOSS OR DAMAGE WITH RESPECT TO THE EQUIPMENT, THE ACTIVITY I WILL BE PARTICIPATING IN AND THE USE OF THE PREMISES;
II. THAT I AM WAIVING ANY AND ALL CLAIMS ARISING FROM ANY CAUSE WHATSOEVER AGAINST THE RELEASEES, ON BEHALF OF MYSELF AND MY HEIRS, SUCCESSORS AND ASSIGNS; AND
III. THAT I WILL INDEMNIFY THE RELEASEES IF ANY SUCH CLAIMS ARE BROUGHT AGAINST THEM.
I/We the undersigned as the Legal Guardian for the Participants named as listed below hereby agree to indemnify and save harmless DHR Limited Partnership, including its agents, principals, directors, officers, employees, contractors, servants, representatives and assigns and/or the owners, lessors or occupiers of all lands and premises upon which the Participant(s) may from time to time be utilizing to participate in water sporting activities and/or clinics, from any and all Judgments or Orders for the payment of money or money equivalent, claims and demands, suits, or actions, of whatever nature including any claims for contribution and indemnity and all solicitor and client costs of responding to or defending such claims, demands suits or actions, which may be brought by or against the Participants, the Participant(s) personal representative(s) or by any person in favour of the Participants(s), arising out of, or in connection with, the use of the facilities and/or equipment of DHR Limited Partnership by the Participant(s).
Today's Date: June 9, 2023
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