RELEASE AND INDEMNITY
PLEASE READ CAREFULLY BEFORE SIGNING
TO : CAMPBELL RIVER WHALE WATCHING AND ADVENTURE TOURS LTD. DBA CAMPBELL RIVER ADVENTURE TOURS
I, the ‘Passenger’, am aware that boating, whale watching, bear viewing, kayaking tours, hiking, van tours, and tours visiting other businesses, involve many inherent risks, dangers and hazards. I understand and acknowledge that to prevent the spread of infectious diseases, including but not limited to coronaviruses, I am required to at all times take the following precautions: no fever, no symptoms, passengers are required to adopt proactive hygiene habits such as frequent handwashing, coughing into their elbow or using tissue, wearing a face covering that covers the mouth and nose at all times when physical distancing of 2m is not possible, and engaging in practices to reduce COVID-19 transmission risks. I understand and acknowledge that while the above measures may mitigate the spread of infectious diseases, they cannot prevent it.
In consideration of Campbell River Whale Watching and Adventure Tours ltd. Dba Campbell River Adventure Tours agreeing to accept me as a passenger, I hereby agree and acknowledge that:
- I fully assume and accept all risks, dangers and hazards and the possibility of personal injury, death and loss of or damage to personal property including infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact.
- Campbell River Whale Watching and Adventure Tours ltd. Dba Campbell River Adventure Tours and their respective Owners, Employees, Agents, Assignees, Contractors and Heirs (the ‘Releasees’) are not liable or responsible for any loss, damage or expenses from any cause whatsoever (including those arising or resulting from personal injury, death, loss of or damage to personal property, or infectious diseases) however caused, unless it can be proven in a court of law that they have failed to take reasonable care for the safety of their passengers, or failed to act in good faith.
- I agree to hold harmless the Releasees and indemnify them in respect of any and all liability for personal injury, death or loss of or damage to personal property or infectious diseases suffered by them, myself or a third party, as a result of my being a passenger on board their vessel.
- Notwithstanding the foregoing, if it is held that the Releasees are liable for any claims, then the amount of their liability shall not exceed $1,000.00 CAD.
- I agree that the contract evidenced by the Release and Indemnity shall be governed by the law of the Province of British Columbia, and that the courts of that Province or the Federal Court of Canada shall have exclusive jurisdiction to hear any and all claims, actions and demands against the Releasees.
- I agree that this Release and Indemnity shall bind my heirs, executers, administrators and assigns.
- I have carefully read and understand this Release and Indemnity.
- I hereby authorize any images or video footage taken of myself, or my youth (under 19 years of age), in whole or in part, individually or in conjunction with other images and video footage, to be displayed on the Campbell River Whale Watching and Adventure Tours Website, official social media pages, and other official channels, and to be used for media purposes including promotion and marketing campaigns.
Today's Date: April 22, 2021