Participants and Parent/Guardian of under age of majority participants must agree to all sections of the waiver and sign this agreement before participating in any South Island SUP course, clinic, lesson, tour, demo, rental, race, event or any related activity.
WARNING: THIS AGREEMENT WILL AFFECT YOUR LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. READ CAREFULLY.
In consideration for the opportunity to participate in a stand- up paddle- boarding or kayaking course, training or any related activity (“paddlesports”), I HEREBY ACKNOWLEDGE, APPRECIATE AND AGREE THAT:
1. I assume all risk and release and hold harmless South Island SUP, South Island SUP Instructors, South Island SUP Instructor-Trainers and their officers, directors, employees, representatives, agents, volunteers, premises and vessels (collectively, the “Releasees”) from any legal or equitable claims, demands, debts, law suits or causes of action that I, my estate, heirs, survivors, executors, or assigns may have had in the past, have now or may have in the future for any and all injury, disability, death, loss or damage to person or property, howsoever caused, including but not limited to the risks described in paragraphs 3, 4 and 5 of this Agreement, or by negligence, gross negligence, breach of contract or breach of any duty imposed by the common law or statute.
2. By entering into this Agreement, I am not relying on any oral or written representations made by the Releasees, other than what is set out in this Agreement. This Agreement is the entire agreement on liability between the Releasees and the signing party (“Releasor”). No other terms may be incorporated into this Agreement. If any provision of the Agreement is found to be unenforceable, the remaining terms shall be enforceable. Litigation arising from this Agreement will be commenced in the province/territory that the activity was undertaken in.
HAZARDS AND RISKS ASSOCIATED WITH PADDLESPORTS OR PADDLE CANADA COURSES
3. Risk of injury/illness from the activity and equipment utilized in paddlesports, swimming, and related land or water activities is significant and includes the potential for broken bones, drowning, injuries related to exposure to natural elements, contagions and man-made pollutants, severe injuries to the head, neck, and back, or other bodily injuries that may result in permanent disability or death.
4. Potential causes of injury include, but are not limited to rolling over or sinking of a vessel, whether intentional or unintentional; water hydraulics, rapids, currents, swells, waves, water/wetness, debris, cold weather, cold water, lightning or other natural forces; camping, animal attacks, portaging or other similar activities; my own negligence or the negligence of others, including that of the Releases, which may include misjudgments of terrain, rapids, weather or route choice.
5. Potential causes of illness include, but are not limited to partner rescue, first aid situations, a unplanned closing of physical distancing caused by situations listed in section 4 or other similar activities; my own negligence or the negligence of others, including that of the Releases, which may include misjudgments of terrain, rapids, weather or route choice.
6. I understand that this description of potential risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. I confirm that I have had sufficient time to read and understand this waiver in its entirety and have agreed to the terms freely and voluntarily without inducement. I understand that this waiver is binding on me, my heirs or assigns, and my legal representatives.
Today's Date: December 2, 2021