RELEASE OF LIABILITY, WAIVER OR CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(herein after referred to as the "Release Agreement") (AR-0103)
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEAGAL RIGHTS,
INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION.
PLEASE READ CAREFULLY!
TO: Capital City Tally-Ho & Sightseeing Co. (1980) Ltd and its directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred as “the Releasees”).
In this Release Agreement, the term “the Activities” means all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees including but not limited to: horse-drawn tours, travel and transportation services; farm tours; equine related demonstrations, seminars and sessions; direct or indirect equine interactions in any location; and other events and services in any way connected with or related the Activities.
ASSUMPTION OF RISKS
I am aware that my participation in the Activities, whether formally or informally organized by any of the Releasees, involve many risks, dangers and hazards including, but not limited to: the movement of heavy farm equipment, machinery, people and horses which can sometimes be unpredictable; entering and exiting the carriage which can be unstable (it moves if the horse moves); the propensity of any equine to behave in ways that may result in injury , harm or death to persons on or around them and to potentially collide with, bite or kick other animals, people or objects; the unpredictability of an equine’s reaction to such things as sounds, sudden movement, tremors, vibrations, unfamiliar objects, persons or other animals and other real or perceived hazards; the potential for loss of control of a horse being used in the Activities; mechanical failure or malfunction of the equipment, including but not limited to carriages and harness; and misconduct, negligence or inability to follow directions policies and procedures as directed by any of the Releasees, on the part of myself or other participants of the Activities (misconduct may result in the inability to participate in the Activities).
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees agreeing to my participation in the Activities and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, 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 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, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE MANY RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE ACTIVITIES
2. To hold harmless and indemnify the Releasees for any and all liability for any property damage, loss, expense or personal injury to any third party resulting from my participation in the Activities.
3. This Release 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.
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction.
5. That if any provision of the Release Agreement, or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable the remainder of this Release Agreement shall not be affected thereby and each provision shall be separately valid and enforceable.
6. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of that province.
7. To consent to having photos or videos taken of me while participating in the Activities and to the publication of the photos or videos by the Releasees for advertising, marketing and promotional purposes.
In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in the Activities, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING IT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I MAY HAVE AGAINST THE RELEASEES.
Signed this day June 2, 2023