TO: SURF JUNCTION CAMPGROUND LIMITED and its shareholders, directors, officers, managers, employees, instructors, agents, representatives, successors and assigns (all of whom are hereinafter referred as “the Releasees”) DEFINITION: In this Release Agreement, the term “the Activities” means any and all activities, events or services provided, arranged, organized, conducted or authorized by the Releasees including but not limited to: rental and use of surfing equipment and aquatic equipment, surfing and surf lessons, instructional sessions, motorized or non-motorized travel and transport provided by or arranged by the Releasees, and other such activities, events and services in any way connected with or related to the Activities. ASSUMPTION OF RISKS
I AM FULLY AWARE THAT the Activities involve many risks, dangers and hazards. The risks, dangers and hazards include but are not limited to: the use and operation of surfboards, impact of collision with one’s own surfboard or any part thereof including the fins and other attachments; impact of collision with swimmers, other surfers, surfboards, motorized water vessels, kayaks, boogie boards, or other aquatic equipment; surfboards skin irritations or abrasions caused by the use of wetsuits; cold water and hypothermia; ear infections; drowning; impact with the beachhead, or, as the case may be, the ocean floor or river bottom; changing and inclement weather and water conditions including storms, high wind, high waves, strong unpredictable currents and surf, and lightning; undertow and tide; my ability to swim in dangerous ocean or river conditions, as the case may be; the possible existence of dangerous rocks, weeds, reefs, driftwood, logs, floating objects, sea mammals and other hazards and obstructions, whether marked or unmarked; dangers involved in travelling to the surfing area including motorized transportation provided by the Releasees; hazards involved in reaching the shoreline by foot including uneven and hazardous terrain that is not regularly patrolled or inspected; becoming lost or separated from one’s instructor or party; encounters with domestic or wild animals; errors or negligence on the part of other participants; AND ERRORS OR NEGLIGENCE ON THE PART THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES. I AM FURTHER AWARE THAT: 1. Communication and access to medical and rescue services in the wilderness settings which is sometimes used for the Activities is difficult and in the event of an accident or illness, rescue, medical treatment and evacuation may be delayed or may not be readily available; and 2. Any expenses associated with emergency evacuation, rescue, or medical treatment in any way connected with the Activities will be my own responsibility and will in no way be covered or refunded by the Releasees. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RELEASEES agreeing to my participation in the Activities and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows: 1. TO OBEY all warnings, safety instructions, cautions and other notices provided to me by the Releasees; 2. 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 Activities, 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.B.C. 1996, Chapter 337, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE MANY RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES; 3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss, expense or personal injury to any third party resulting from my participation in the Activities; 4. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all emergency expenses related to first aid or medical treatment and/or evacuation of myself in the event of an accident, injury or illness, including but not restricted to: helicopter evacuation, air-sea rescue, search and rescue, ambulatory care, or hospital care; 5. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity; 6. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction; and 7. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of that province. IN ENTERING INTO THIS RELEASE AGREEMENT I AM NOT RELYING ON ANY ORAL OR WRITTEN REPRESENTATIONS OR STATEMENTS MADE BY THE RELEASEES WITH RESPECT TO THE SAFETY OF PARTICIPATING IN THE ACTIVITIES, OTHER THAN WHAT IS SET FORTH IN THIS RELEASE AGREEMENT. I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING IT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I MAY HAVE AGAINST THE RELEASEES. Today's Date: April 2, 2026 |