TO: 659898NB INC., the City of Saint John and their directors, officers, employees, agents, guides, independent contractors, subcontractors, suppliers, sponsors, successors, assigns and representatives (all of whom are hereinafter referred to as the “Releasees”).
In this Release Agreement the term “Adventure Activities” shall include all activities, events and services provided, arranged, organized, conducted, sponsored or authorized by the Releasees now or any time in the future and shall include, without limitation: Canoe, kayak, bike, hydro-bike, paddle boat, rock climbing, guided tours, walking, hiking, snow-shoeing, Zorbing, bubble soccer, Sumo Wrestling; all travel either within or beyond the designated boundaries, including without limitation on roads and trails; orientation and instructional courses and sessions; and all other activities, events and services in any way connected with or related to Adventure Activities or the Releasees now or any time in the future.
ASSUMPTION OF RISKS
I (which shall in all cases in this agreement include the person signing this waiver and the minors for whom the signatory is signing) am aware that participating in Adventure Activities, observing others participating in Adventure Activities or my presence on the property of the Releasees involves many inherent risks, dangers and hazards including, without limitation: exposed and falling rock, earth, ice, trees or other natural objects; wildlife; travel on back-country roads; negligence of other participants and other persons; hiking on rough and uneven terrain; changing weather conditions which may cause the trails and apparatus and equipment to be slippery; equipment failure; failure to properly adjust or fasten equipment; improper use of equipment; falls; placing unusual mental and physical stresses on the body including without limitation, over-exertion; failure to remain within designated areas; impact or collision with rocks, structures, other participants, guides or falling equipment or property of any kind; and NEGLIGENCE ON THE PART OF 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 ADVENTURE ACTIVITIES REFERRED TO ABOVE. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM NOW OR AT ANY TIME IN THE FUTURE.
I am now, and any time that I enter the premises of the Releasees I will be, in good physical and mental health and do and will not suffer from any handicaps or physical conditions that could constitute a danger to myself or others as a result of my participation in Adventure Activities. I acknowledge that the level of participation is at all times completely up to me and I am the best and only judge of my degree of ability to participate in the Adventure Activities at any time.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RELEASEES agreeing to my participation in or observation of the Adventure Activities and permitting my use of their services, equipment and facilities and entry onto the property of the Releasees, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
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 Adventure Activities, my observing others participating in Adventure Activities or my presence on the property of the Releasees, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE 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 RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ADVENTURE ACTIVITIES REFERRED TO ABOVE; and
TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in or observation of Adventure Activities or being present on the property of the Releasees now or at any time in the future.
I hereby grant permission to the Releasees to photograph and video me, and to make recordings of my voice, at any time while I am present on the property of the Releasees, which images and recordings shall be the property of the Releasees for all purposes without any compensation or royalties owing to me at any time. Without limiting the foregoing, I acknowledge that fixed cameras are or may be installed upon the premises which (i) display on the internet my participation in Adventure Activities and (ii) may be used by 659898NB Inc for safety monitoring. I further grant to the Releasees the right to reproduce, use, exhibit, display, broadcast and distribute to any others in their full discretion, and create derivative works of, any of these images and recordings whenever created in any media now known or later developed for any purposes whatsoever. I hereby waive any right to inspect or approve the use of the images or recordings and further waive all moral rights thereto.
I agree to read, respect and follow all the posted rules and directions of the Releasees. The Releasees reserve the right to refuse participation to anyone and to eject anyone from the premises at any time in the sole discretion of the Releasees.
I consent to the collection, use, disclosure and retention of my personal information by the Releasees.
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 Adventure Activities or otherwise being present upon the property of the Releasees, other than what is set forth in this Release Agreement. I confirm that I have read and understood the Release Agreement prior to signing it, and I am aware that by signing this Release Agreement I am waiving certain legal rights which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the Releasees. 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. 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 New Brunswick and no other jurisdiction. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of New Brunswick and shall be within the exclusive jurisdiction of the Courts of the Province of New Brunswick.