TODAY'S DATE: February 6, 2023
ACKNOWLEDGEMENT OF RISK AND WAIVER
OF LIABILITY AND INDEMNITY AGREEMENT
THIS IS A LEGAL DOCUMENT WHICH SIGNIFICANTLY AFFECTS YOUR RIGHTS. READ IT CAREFULLY. OBTAIN LEGAL ADVICE IF YOU HAVE QUESTIONS OR REQUIRE CLARIFICATION OF ANY TERMS. BY SIGNING THIS DOCUMENT YOU GIVE UP YOUR RIGHT TO CLAIM OR LITIGATE FOR INJURIES OR DEATH OR DAMAGES YOU MAY INCUR WHILE PARTICIPATING IN CLUB EVENTS.
Acknowledgement of Risk
In consideration of being granted membership in the Nanaimo Paddlers (“the Club”) and being permitted to participate in paddles and other activities and events organized by or for the Club (“the activities”), I hereby ACKNOWLEDGE, REPRESENT AND AGREE that:
- Kayaking is an activity which is inherently dangerous because it necessitates exposure to water, wind, tides, current, and other weather and environmental conditions, many of which are changeable without notice and are unpredictable.
- The risks are extensive, and include, but are not limited to, equipment failure, personal injury and death caused or contributed to by the negligence of other people, including other participants, and may include exposure to individuals who have diseases, germs, and viruses, including Covid-19.
- I further acknowledge that other risks, at present unknown or not reasonably foreseeable, may cause personal injury, death, and/or property damage to me and/or my estate.
- I assume responsibility for my own personal safety while kayaking and engaged in all Club activities, whether on or off the water. I acknowledge that Club procedures, Guidelines, Standards, and the like, are not intended as a substitute for exercising my own careful judgement and for taking reasonable care for my own personal safety and well-being.
Waiver of Liability
- I hereby WAIVE AND RELEASE the Club, its directors, officers, hosts, volunteers, participants, members, agents, and any other person involved in providing or assisting in providing the activities described above (“the Releasees”), from all liability, including, but not restricted to, claims in contract, negligence, and/or breach of statutory duty.
- This agreement is binding upon my estate, my executor, my administrator, heirs, assigns, and all persons and entities who might claim through me or on my behalf.
- I agree to INDEMNIFY AND HOLD HARMLESS the Releasees from any and all damages, claims, costs, expenses of any kind, incurred by them in defending any claims advanced by me, my estate, and any other persons or entities claiming through me or on my behalf.
Entire Agreement, Severability, and Governing Law
- This document constitutes the entire agreement made between me and the Club.
- In the event that a court determines that one or more of the provisions of this agreement are unenforceable, the remaining provisions shall remain in full force and effect.
- I hereby attorn to the province of British Columbia for the purposes of any litigation. This agreement shall be governed by, and interpreted in accord with, the laws of the province of British Columbia.
I ACKNOWLEDGE, REPRESENT AND AGREE THAT I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, THAT I HAVE HAD AN OPPORTUNITY TO OBTAIN LEGAL ADVICE REGARDING ITS TERMS, THAT I AM AT LEAST 19 YEARS OF AGE, AND THAT I AM SIGNING THIS AGREEMENT VOLUNTARILY WITHOUT INDUCEMENT FROM ANY PERSON.