Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement
(hereinafter referred to as the “Release Agreement”)
By signing this Release Agreement you will incur certain legal obligations and waive legal rights that you, both as an individual and as a parent or legal guardian of any minor or minors (i.e. those under 19, the age of majority in British Columbia) who you are signing on behalf of (the “Minor(s)”), may have, including the right to sue or claim compensation following an accident. By signing on behalf of the Minors, you also waive certain legal rights that the Minors may have. If you are not signing on behalf of any minor or minors, you can ignore the references to “the Minors” contained herein.
To: Clayoquot Wilderness Resort Ltd. Doing business as Clayoquot Wilderness Resort and its directors, officers, agents, representatives, employees, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (all of whom are hereinafter collectively referred to as "Clayoquot")
In this Release Agreement, the “Resorts” shall mean Clayoquot’s accommodations and facilities located at the mouth of the Bedwell River referred to as the Bedwell River Outpost, the floating and land-based resort on Quait Bay, and the camp on top of Mount Ursus referred to as “Cloud Camp”, all located on Vancouver Island, British Columbia, Canada, along with such other accommodations and facilities as Clayoquot makes available for use by me and the Minors, if applicable.
In this Release Agreement, the term the “Activities” shall include all activities, programs, events, classes and services provided, sponsored or organized by Clayoquot during my/our stay at the Resorts, or any of them, including, but not limited to, horseback riding, kayaking, stand up paddle boarding, rafting, swimming, bike riding, mountain biking, use of the trampoline, use of suspension bridge, slackline, shooting, archery, paintball, hiking, mountain climbing, rock climbing, tree climbing, outdoor camping, salt water fishing, fresh water fishing, whale watching, bear watching, guided or unguided tours including the Walk on the Wild Side tour, the Floating Gardens tour, the Pretty Girl Lake fishing tour, sailing, surfing, helicopter tours, helicopter rides, meals and cooking classes, and includes travel to and from the activities, all training and instructional sessions, any use of the site of the activities and related equipment, and any other activities, events or services provided, arranged, organized, sponsored or authorized by Clayoquot.
Assumption of Risks
I, on my own behalf and, if applicable, as the parent or legal guardian of the Minor(s), am aware that the following involve many risks, dangers and hazards which could result in damage, loss or injury, or death to/of me and/or the Minor(s), or any of them:
my and/or the Minor(s)’ use of Clayoquot's accommodations and facilities at the Resorts;
my and/or the Minor(s)’ presence on the Resorts; and
my and/or the Minor(s)’ participation in the Activities.
These risks, dangers and hazards include, but are not limited to:
- exposed rock, earth, and other natural objects
- uneven or slippery terrain;
- unstable ground;
- falling rocks;
- changing environmental and weather conditions;
- trees, tree wells, tree stumps, and forest dead fall;
- variations in terrain which may create blind spots or reduced visibility;
- falling off, being bucked off, kicked, stepped on, trapped under, bitten or otherwise injured by a horse;
- horseback riding gear;
- oceans, changing ocean conditions, and ocean currents;
- drowning, falling off a vessel into the water;
- overturning of a vessel in the water;
- becoming trapped under or struck by a vessel;
- being struck by an oar;
- faulty, inappropriate or inadequate equipment or gear;
- being hit by a skeet or portion of a skeet;
- guns generally, improperly loaded guns, stray bullets, and the discharging of guns;
- falling off a bike;
- variable and difficult trail conditions;
- streams and creeks;
- collision with fences, trees, rocks, and other objects;
- collision with vehicles, equipment or structures;
- collision with other persons and/or animals;
- biting or scratches from domestic or wild animals or reptiles;
- bear or cougar attacks;
- falling off, landing improperly on, and/or getting caught in the springs of a trampoline;
- fishing hooks, fishing line, fishing poles, and other fishing gear;
- wild and/or poisonous plants, animals, and insects;
- travel by floatplane, airplane, helicopter, zodiac, or other means of mechanized travel;
- hot oil and other cooking substances;
- stoves and ovens, hot cookware, and utensils generally;
- allergic reactions;
- use of medication including an EPI pen;
- the failure to act safely or within one's own ability or to stay within designated areas;
- my own negligence, the Minor(s)’ negligence, the negligence of other persons participating in the Activities or on the Resort, and negligence on the part of Clayoquot.
I, on my own behalf and as the parent or legal guardian of the Minor(s), hereby confirm that I understand that negligence includes the failure on the part of Clayoquot to take reasonable steps to safeguard or protect me and/or the Minor(s), or any of them, from the risks, dangers and hazards of the Activities or the use of the accommodations and facilities at the Resort.
I, ON MY OWN BEHALF AND AS THE PARENT OR LEGAL GUARDIAN OF THE MINOR(S), AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND WITH THE USE OF THE ACCOMMODATIONS AND FACILITIES AT THE RESORTS AND I, ON MY OWN BEHALF AND ON BEHALF OF THE MINOR(S), AND EACH OF THEM, FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.
I hereby confirm that neither the Minor(s), or any of them, nor I have any medical condition(s) which would prevent any of us from participating in the Activities or the use of the accommodation and facilities at the Resort.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of Clayoquot permitting me and the Minor(s), if applicable, to use the accommodations and facilities at the Resorts and permitting me and the Minor(s), if applicable, to take part in the Activities, I, ON MY OWN BEHALF AND ON BEHALF OF THE MINOR(S), AND EACH OF THEM, HEREBY AGREE AS FOLLOWS:
TO WAIVE ANY AND ALL CLAIMS THAT I AND/OR THE MINOR(S) HAVE OR MAY IN THE FUTURE HAVE AGAINST CLAYOQUOT, AND TO RELEASE CLAYOQUOT FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE OR INJURY INCLUDING DEATH THAT I AND/OR THE MINOR(S), OR ANY OF THEM, MAY SUFFER, OR THAT MY AND/OR THE MINOR(S)’ NEXT OF KIN MAY SUFFER RESULTING FROM MY AND/OR THE MINOR(S)’ USE OF OR PRESENCE ON THE RESORTS, PARTICIPATION IN THE ACTIVITIES, OR TRAVEL TO AND FROM THE RESORTS OR THE ACTIVITIES, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR 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 CLAYOQUOT;
TO HOLD HARMLESS AND INDEMNIFY CLAYOQUOT FROM ANY AND ALL CLAIMS, JUDGMENTS, AWARDS, DEMANDS, DAMAGES, LOSSES, LIABILITY, AND EXPENSES (INCLUDING LEGAL FEES) ASSOCIATED WITH, RESULTING FROM, OR IN ANY WAY RELATED TO ANY DAMAGE, OR LOSS, EXPENSE, OR INJURY TO ANY THIRD PARTY AND/OR TO THE MINOR(S) RESULTING FROM MY AND/OR THE MINOR(S)’ USE OF OR PRESENCE ON THE RESORTS OR PARTICIPATION IN THE ACTIVITIES EXCEPT THOSE RESULTING FROM THE GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF CLAYOQUOT;
This Release Agreement shall be effective and binding upon my and the Minor(s)’ heirs, next of kin, including spouses, children, and/or parents, as applicable, executors, administrators, assigns, and representatives, in the event of the death or incapacity of me and/or the Minor(s), or any of them;
This Release 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 and no other jurisdiction;
Any litigation involving the parties to this Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia;
In entering into this Release Agreement on my own behalf and on behalf of the Minor(s), I confirm that I am not relying upon any oral or written representations or statements made by Clayoquot with respect to the safety of the Activities or the Resorts other than what is set forth in this Release Agreement; and
If any term, covenant or provision of this Release Agreement or the application thereof to any part or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Release Agreement or application of such term, covenant or provision to a party or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or provision of this Release Agreement shall be valid and shall be enforced to the full extent permitted by law.
I, THE UNDERSIGNED, CONFIRM THAT I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT ON MY OWN BEHALF AND AS PARENT OR LEGAL GUARDIAN ON BEHALF OF THE MINOR(S), I AM WAIVING CERTAIN LEGAL RIGHTS WHICH EACH OF US AND OUR HEIRS, NEXT OF KIN, INCLUDING SPOUSES, CHILDREN, AND/OR PARENTS, AS APPLICABLE, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST CLAYOQUOT.
I agree on my own behalf and on behalf of the Minor(s)
December 6, 2023