TO: Swallow Tail Tours (the “Swallow Tail”) and its directors, officers, agents, representatives, employees, volunteers, members, participants, spectators, districts, independent contractors, subcontractors, sponsors, successors and assigns (collectively the “RELEASEES”)
DEFINITIONS: In this Agreement the term "foraging programs " shall include all activities, programs, tours, events, classes, and services provided, sponsored or organized by the Swallow Tail including but not limited to: tours, walks, hikes, foraging education, online courses, plant and fungi/mushroom identification education, catered food events, cooking demonstrations, fishing or crab casting. Fungi means mushroom. The term ‘myself’ or ‘my’ or ‘I’ refers to the event participant. ‘Guide’ refers to contractors or Swallow Tail employees or educators leading an event.
ASSUMPTION OF RISKS: I am participating in a Swallow Tail event and am physically, emotionally and mentally able to participate in foraging programs, and am doing so voluntarily and willingly. I am aware that my participation in foraging programs involves many risks, dangers and hazards, which could result in damage, loss, serious physical injury or death to myself.
Some of these risks, dangers and hazards include, but are not limited to:
- Health: overexertion, dehydration, fatigue, lack of fitness or conditioning, traumatic injury, bacterial infections, rashes, and the transmission of communicable diseases, including viruses of all kinds, bacteria, parasites or other organisms or any mutation thereof.
- Environment: falls; collisions with objects or persons; dangerous, unsafe, or irregular conditions on grass, sand, mud, paths or other surfaces in the forest, on the beach or anywhere the tours are operated, extreme weather conditions; travel to and from premises; coming in contact with a poisonous or thorny plant or any dangerous animal such as a bear, dog or crab.
- Advice: negligent advice regarding foraging information
- Consuming any fungi, food, seafood, seaweed or plant and becoming sick as a result on a foraging tour or anytime thereafter
- Getting lost; in the forest or at any location the tours are operating, during the tour or anytime thereafter
- Allergic reactions; having an allergic reaction due to touching or consuming plant, fungi, seafood or any food or drink provided on a foraging tour
I acknowledge that I understand the hazards of eating wild fungi, seafood or plants. I understand that it is my responsibility to affirm the safety, edibility and identification of any of the seafood, plants or fungi that are found at the event by confirming its identification with the Swallow Tail guide on tour. I understand that any plants, seafood or fungi I consume after the trip are under my own risk and that Swallow Tail takes no responsibility for any resulting injuries. I understand that it is illegal to harvest fungi or plants from any BC provincial or federal park.
I understand that the Releasees may fail to safeguard or protect myself from the risks, dangers and hazards of foraging programs, some of which are referred to above.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing myself to participate in foraging programs, use its facilities and providing its foraging services and consultation, I hereby agree as follows:
1. 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 foraging programs DUE TO ANY CAUSE WHATSOEVER, including but not limited to:
- negligence on the part of the Releasees;
- breach of contract by the Releasees;
- 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, c. 303, on the part of the Releasees; and
- the failure on the part of the Releasees to safeguard or protect me from the risks, dangers and hazards of foraging programs, some of which are referred to in the Assumption of Risks section of this Agreement.
2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage, loss, expense or injury to myself resulting from my participation in foraging programs DUE TO ANY CAUSE WHATSOEVER, including but not limited to negligence on the part of the Releasees; breach of contract by the Releasees; breach of any statutory duty or other duty of care including any duty of care owed under the Occupiers liability Act, R.S.B.C. 1996, c. 303, on the part of the Releasees; and the failure on the part of the Releasees to safeguard or protect any participant from the risks, dangers and hazards of foraging programs, some of which are referred to in the Assumption of Risks section of this Agreement.
3. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage, loss, expense or injury to any third party resulting from my participation in foraging programs.
Despite the risks, dangers and hazards of foraging programs, and fully understanding such risks, dangers and hazards, I wish to participate in foraging programs with Swallow Tail, and I FREELY ACCEPT AND FULLY ASSUME all such risks, dangers and hazards and the possibility of personal injury, death, property damage and loss resulting there from.
This 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.
SAFETY: In entering into this Agreement I am not relying on any oral, visual or written representations or statements made by the Releasees with respect to the safety of foraging programs other than what is set forth in this Agreement.
INSURANCE: I am aware that Swallow Tail carries insurance and that should I become injured or cause personal injury or property damage to any third party while participating in foraging programs, I may or may not be entitled to insurance coverage depending on the terms and conditions of Swallow Tail’s insurance policy.
JURISDICTION: This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia (BC), and I agree to attorn solely to the jurisdiction of the Courts of the Province of BC. Any litigation involving the parties to this Agreement shall be brought solely within the Province of BC and shall be within the exclusive jurisdiction of the Courts of the Province of BC. By executing this form, whether on-line or by signature, you agree that you have read, understand and are bound by the Agreement terms on both page 1 and page 2 of this document.