In consideration of my participating, and of the participation by ANY PERSON IN MY CARE UNDER THE AGE OF NINETEEN (hereinafter a “minor”), WHETHER SUCH PERSON IS MY CHILD OR NOT, in a Homalco Wildlife Tours Limited Partnership tour (the “Tour”), I WAIVE, FOR MYSELF AND FOR ALL MINORS IN MY CARE, ANY AND ALL CLAIMS I, or any minors in my care, may now and in the future have against, and release from all liability, and agree not to bring proceedings of any kind against, and FURTHER AGREE TO SAVE HARMLESS AND KEEP INDEMNIFIED, Homalco Wildlife Tours Limited Partnership (the “Company”), its director and officers, the Homalco Indian Band (the “Band”), its Chief and Councillors, and the Company’s and the Band’s respective agents, employees, contractors and representatives (all the above collectively herein called “Homalco”) from and against all claims, action, costs, expenses and demands in respect to death, injury, loss or damage to my person or property, and/or the person or property of any minor in my care, participating in such Tour, howsoever cased, arising out of or in connection with my and/or their participation, notwithstanding that the same may have been contributed to or occasioned by the actions or omissions, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE of Homalco. It is understood that this Agreement is to be binding by myself, my heirs, executors and assigns. I HEREBY ACKNOWLEDGE THAT I HAVE BEEN FULLY INFORMED AND UNDERSTAND THAT PARTICIPATING IN SUCH A TOUR ENTAILS ACCEPTING RISKS (the “Risks”). I understand that such Risk cannot be fully eliminated without jeopardizing the essential qualities of a Tour. I also expressly acknowledge that THE RISKS MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT ACT OR OMISSIONS, INCLUDING BUT NOT LIMITED TO RESCUE OPERATIONS OR PROCEDURES, OF HOMALCO. I EXPRESSLY AGREE TO ACCEPT AND ASSUME, FOR MYSELF AND FOR ANY MINOR IN MY CARE, ALL OF THE RISKS. My participation and the participation of any minor in my care in a Tour and my use or receipt of all services, facilities and equipment in relation thereto is purely voluntary and I/we elect to participate, use or receive same in spite of the Risks and I/we agree to bear all the costs of any resulting injury or damage. I am also willing to assume the risk of my medical or physical condition I, or any minor in my care, may have, whether disclosed or undisclosed to Homalco. I acknowledge that while participating in the Tour, MY IMAGE OR THE IMAGE OF ANY MINOR IN MY CARE may be captured through video or photography or any other technological means (the “Photo”). I agree for myself and for any minor in my care to allow the Photo to be taken and permit the Company to use it in any form and for any purpose and forever release and indemnify them from any liability for the use of such Photo. I acknowledge that they will own the copyright and reuse my photo without my right to examine and approve the products and publications that contain the Photo. I agree that the Operator may terminate my or the Minor’s participation at any time without refund or recourse. I hereby agree that this Release and Waiver of Liability, Assumption of Risk and Indemnity Agreement EXTENDS TO ALL ACTS OF NEGLIGENCE by Homalco and is intended to be as a broad and inclusive as is permitted by the laws of the Province of B.C. and of Canada and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. I read and understood this Agreement before signing it, and know that I am waiving certain legal rights, including the right to sue.
Today's Date: April 24, 2024 |
