Participant Activity Liability Release
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: ELMHIRST’S RESORT (KEENE) LIMITED, its directors, officer, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assignors. (Hereinafter collectively referred to as the “releases”)
In this agreement the term “Activities” shall include all activities in any way related to the releases, including but not limited to, boating, water skiing, canoeing, kayaking, swimming, hiking, biking, and all recreational activities offered by the releases (Hereinafter referred to as “Activities”).
Assumption of Risk
I am aware that participating in the activities offered by or associated with the releases exposes to me to many inherent risks, danger and hazards including but not limited to change of weather conditions, collision with rocks, collision with other boats or other object and equipment failure. AS WELL AS NEGLIGENCE on the part of the releases, including the failure on the part of the releases to take reasonable steps to safeguard or protect me from the including risks, dangers and hazards referred to above. I am also aware that the risks, dangers and hazards referred to above exist throughout the premises and that many hazard are unmarked. By Engaging in any activities offered by or associated with THE RELEASES, I freely and fully assume all inherent risks, danger, and hazards and the possibility of personal injury, property damage or loss resulting therefrom.
B. Release of Liability, waiver of claims & indemnity agreement
In consideration of THE RELEASES permitting me to participate in its activities, permitting me the use of its equipment and permitting me the use of its facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
- To Waive any and all claims that I have or may in the future against THE RELEASEES and to release the releases 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 or use of the premises offered by or associated with the releases, due to any cause whatsoever, INCLUDING NEGLIGENCE , BREACH OF CONTRACT, BREACH OF ANY STATUTORY DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIER’S LIABILITY ACT, ON THE PART OF THE RELEASEES AND ALSO INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGER AND HAZARDS REFERRED TO ABOVE.
- To hold harmless and indemnify the releases from any and all liability for any property damage or personal injury to any third party, resulting from my activities and my participation in the activities offered or associated with the releases
- This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assignors, in the event of my death.
- This agreement and any rights, duties and obligations as between the parties to the agreement shall be governed by and interpreted solely in accordance to the province of Ontario and no other jurisdiction: and
- Any litigation involving the parties to the agreement shall be brought solely within the province if Ontario, and shall be within the exclusive jurisdiction of the courts of the province of Ontario.
I HAVE READ AND UNDERSTOOD THIS AGREEMENT PRIOR TO SIGNING IT. I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNORS HAVE AGAINST THE RELEASEES.
Today's Date: October 16, 2021