RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE
------ PLEASE READ CAREFULLY ----- TO: 2253100 Ontario Inc. Niagara Resorts (Muskoka) Inc., o/a JW Marriott The Rosseau Muskoka Resort & Spa; their respective directors, officers, employees, agents, representatives, volunteers, independent contractors, sponsors, successors, and assigns (hereinafter collectively referred to as the “Releasees” ASSUMPTION OF RISKS
I am aware that recreation/activities programs including, but not limited to children’s activities, fitness activities, outdoor games/activities, standup boards, hiking, canoeing, kayaking, team building activities, biking, boating, tow sports, lake waterpark, arboreal tree climb, segway tours, zip lining, snowshoeing, and ice skating involvemany risks, dangers and hazards including, but not limited to changing weather conditions, exposed rock, changes or variations in surfaces, trees, stumps, forest deadfall, reduced visibility, difficult trails, cliffs; possible collisions with natural or manmade structures, vehicles, vessels, equipment, or people; the failure to hike, canoe, kayak, bike, boat, snowshoe, zip line, ice skate, participate in a tow sport, use the segways, tree climb, or use the lake waterpark safely within one’s own ability or within designated areas or off-site locations; negligence of other hikers, canoers, kayakers, bikers, boaters, tree climbers, segway users, zip liners, skaters, and other persons; and NEGLIGENCE ON THE PART OF THE RELEASEES INCLUDING THEFAILURE ON THE PARTOF THE RELEASEES TOTAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE. I am also aware that the risks, dangers and hazards referredto above exist throughout the resort area and off-site locations and that many hazards are unmarked. I 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 FULLY UNDERSTAND THAT IWILL NOT BE COMPENSATED BY THE HOTEL FOR ANY DAMAGE TO MY PROPERTY CAUSED BY VANDALISM OROTHER WILLFULL OR UNWILLFULL ACT. RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RELEASEES permitting my use of their property, trails, canoes, kayaks, bikes, boats, segways, tree climb, lake waterpark, zip lines, equipment, otherfacilities, and off-site locations (hereinafter referred to as “the facilities”), and for other good and value consideration, the receipt and sufficiency of which is acknowledges, I hereby agree as follows: 1. TO WAIVE ANY AND ALL CLAIMS that I have, or may have in the future, 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 resulting from either my use of the facilities, 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 RSO 1990, c.O2 ON THE PART OF THE RELEASEES, AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELASEES TO SAFEGUARD OR PROECT ME FROM THE RISKS, DANGERS AND HAZARDS REFERRED TO ABOVE 2. TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any damage to property or personal injury to any third party, resulting from my use, or presence at the facilities. 3. This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, and representatives, in the event of my death or incapacity. 4. 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 Ontario; and 5. Any litigation involving the parties to the Agreement shall be brought solely within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario. 6. COVID-19 ACKNOWLEDGEMENT AND ASSUMPTION OF RISK. I am currently not experiencing COVID-19 symptoms, nor have I had COVID-19 symptoms in the last 14 days. I have not travelled outside of Canada or in an area under a travel health advisory in the last 14 days. I have not provided care or had close contact with any person with COVID-19 or with any person reasonably suspected of having COVID-19 or with any person who travelled outside of Canada in the last 14 days or with any person who travelled in an area under a travel health advisory in the last 14 days. I represent and warrant to the Releasees that I have not been advised by the Government of Canada or Ontario Public Health or my doctor or the Ontario Ministry of Health website to self-isolate due to possible exposure to COVID-19. I am fully aware of the risks and hazards with respect to COVID-19 inherent in my attendance at the Resort and participation in in the recreational/activities programs as outlined above. I freely and voluntarily agree to assume the risk with respect to COVID-19, including the risk of death, bodily injury or property damage, regardless of severity, that I (or my child/ward) may sustain as a result of my participation in the recreational activities/programs howsoever arising, including, but not limited to, the active or passive negligence of the Releasees. In entering into this Agreement, I am not relying upon any oral, or written, representations or statements made by the Releasees with respect to the safety of recreation activities herein referred to other that what is set forth in this Agreement. I HAVE READANDUNDERSTANDTHIS AGREEMENT ANDI AMAWARE THATBYSIGNINGTHISAGREEMENT IAMWAIVINGCERTAINLEGAL RIGHTS WHICH I, OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES. Today's date: May 19, 2025 |