*** PLEASE READ CAREFULLY *** RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS & INDEMNITY AGREEMENT
BY COMPLETING THIS DOCUMENT YOU WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE ONadventure Wilderness Tours Inc. (O/A Rafting Newfoundland), Red Indian Adventures Ltd (O/A Riverfront Chalets), and E.R.M.A. (O/A Salmonid Interpretation Centre) Neither ONadventure Wilderness Tours Inc. (O/A Rafting Newfoundland), nor Red Indian Adventures Ltd (O/A Riverfront Chalets), nor E.R.M.A. (O/A Salmonid Interpretation Centre) nor any officer, director, contractor, employee, sponsor, guide or representative is liable for any personal injury, damage to property, illness or infection (including, but not limited to, COVID-19), death or any other loss or damage of any nature whatsoever of any kind occurring while en route to or from the ONadventure Wilderness Tours Inc. base camp, or during your stay at the base camp, or while participating in any activity associated therewith, including the participation in rafting/canoeing/kayaking on the Exploits River, whether or not caused by any act or omission, negligent or otherwise, of ONadventure Wilderness Tours Inc. (O/A Rafting Newfoundland), Red Indian Adventures Ltd (O/A Riverfront Chalets), or E.R.M.A. (O/A Salmonid Interpretation Centre) or any officer, director, contractor, employee, sponsor, guide or representative of them. Without limiting the generality of the foregoing, the guest releases and agrees to indemnify and save harmless ONadventure Wilderness Tours Inc. (O/A Rafting Newfoundland), Red Indian Adventures Ltd (O/A Riverfront Chalets), and E.R.M.A. (O/A Salmonid Interpretation Centre) and their officers, directors, contractors, employees, sponsors, guides and representatives (the “Indemnified Parties”) from and against any liability, damage or loss of any nature of any kind arising from, related to or connected with (a) the consumption of any alcohol on or off the premises, (b) the rental or use of any equipment, including canoes, kayaks, bikes or rafts, whether such rental or use was arranged or facilitated by ONadventure Wilderness Tours Inc. (O/A Rafting Newfoundland), Red Indian Adventures Ltd (O/A Riverfront Chalets), E.R.M.A. (O/A Salmonid Interpretation Centre) or not, and (c) any participation in any activity associated with ONadventure Wilderness Tours Inc. (O/A Rafting Newfoundland), Red Indian Adventures Ltd (O/A Riverfront Chalets), or E.R.M.A. (O/A Salmonid Interpretation Centre), including any participation in the white water rafting, rafting, canoeing, kayaking, biking or hiking. It is the responsibility of each guest to be aware of and abide by all applicable laws in engaging in any recreational, sport or related activities while with ONadventure Wilderness Tours Inc. The guest acknowledges that natural areas and outdoor activities may be hazardous and agrees to assume all risk of injury or damage while traveling to or from, staying at or participating in any activities associated with his or her experience with ONadventure Wilderness Tours Inc., including the white water rafting experience. For greater certainly, the guest acknowledges that they take part in the white water rafting experience solely at their own risk. The guest further agrees to comply with all directions of the management and staff as to the activities associated with his or her experience with ONadventure Wilderness Tours Inc. (O/A Rafting Newfoundland), Red Indian Adventures Ltd (O/A Riverfront Chalets), or E.R.M.A. (O/A Salmonid Interpretation Centre). This Waiver of Liability /Indemnification shall apply to all visits to or activities associated with ONadventure Wilderness Tours Inc. (O/A Rafting Newfoundland), Red Indian Adventures Ltd (O/A Riverfront Chalets), or E.R.M.A. (O/A Salmonid Interpretation Centre), including the white water rafting, rafting, canoeing, kayaking, biking or hiking experience from the date hereof, and where any person, whether a child, grandchild, relative, or otherwise of the undersigned, accompanying the undersigned on any such visit or activity, including the white water rafting experience has not attained the age of maturity, this Waiver of Liability/Indemnification shall apply to such person, and the undersigned agrees that he or she has the authority to sign on behalf of the child, grandchild, relative or otherwise, and the undersign agrees to indemnify the Indemnified Parties from any and all claims from or on behalf of such child, grandchild, relative or otherwise of the undersigned, or in connection with an injury to such person, to which this document would apply had such person been of age and executed this document themselves. I hereby give ONadventure Wilderness Tours Inc. permission to use any photos taken during ONadventure Wilderness Tours Inc. activities for the purposes of marketing. I will wear a helmet and life jacket while participating in the activities on or near the water, and will only take them off if instructed to do so by a guide. Instruction in the proper use of the helmet and life jacket is available from the guides. I am aware that the physical exertion required by Whitewater Activities and the forces exerted on the body can activate or aggravate pre-existing physical injuries, conditions, symptoms, or congenital defects. I have been advised to seek medical advice if I know or suspect that my physical condition may be incompatible with the Whitewater Activities. I acknowledge that I am not nor will I be under the influence of drugs or alcohol while participating in the Whitewater Activities. |