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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”)

Definition

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:

  1. 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.
  2. 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
  3. This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assignors, in the event of my death.
  4. 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
  5. 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: March 22, 2023

First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information

Cottage Number
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

Cottage Number
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

Cottage Number
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

Cottage Number
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

Cottage Number
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

Cottage Number
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

Cottage Number
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information

Cottage Number
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information

Cottage Number
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

Cottage Number
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Additional Details

Arrival Date

Departure Date
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information

Cottage Number
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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