TO: Thrive Tours and its directors, officers, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns (hereinafter referred to as the “Releasees”).
SECTION 1: DEFINITIONS
“Activity” includes all recreational or competitive activities, attractions, events or services provided by Thrive Tours,, including, but not limited to, swimming, boating, water-skiing, water-tubing, water-surfing, canoeing, kayaking, water-trampoline, jet-skiing, snow mobiling, activities on decks, docks, beaches and playgrounds, hiking, cycling, mountain-biking, golfing, use of the ski hills and terrain parks, rock-climbing, mini-put, use of chairlifts and other conveyances, use of rental equipment obtained from the Releasees or facilitated through the Releasees, food and beverage and retail locations, and the use of vehicles, sidewalks, stairways, trails, and parking lots.
“Releasors” means all participants, or signatory for the participant if under 18, signing this Agreement.
SECTION 2: ACKNOWLEDGMENT OF RISKS – PLEASE READ CAREFULLY!
I AM AWARE THAT PARTICIPATING IN THE ACTIVITY INVOLVES MANY ASSOCIATED RISKS, DANGERS, AND HAZARDS, including: slipping, tripping, and falling; changing weather conditions; marked and unmarked obstacles; failure of or hidden defects in equipment; negligent first-aid; negligence of other Activity participants, Releasees, or Releasor, including failure to follow applicable rules and procedures, and risks resulting from the NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY DUTY OF CARE BY THE RELEASEES, and the failure by the Releasees to safeguard or protect me from the Activity’s risks, dangers and hazards. I also understand that the other risks of participating in the Activity can include exposure to the elements, exposure to natural and/or people-made objects, exposure to pollution, exposure to infectious disease, bacteria, or virus, INCLUDING BUT NOT LIMITED TO COVID-19, that results in physical distress, illness or death; as well as the risk of collision or impact with other Activity participants, objects, or vehicles; variable and difficult terrain conditions; fatigue; intoxication; consumption of drugs; sun or heat exposure; encounters with wildlife, poison ivy, or insects/rodents; loss of balance or control; and failure to act safely or within one’s own ability or to stay in designated areas.
THE RELEASOR(S) HEREBY UNDERSTAND, AFFIRM AND AGREE THAT: (i) Falls and collisions occur, and injuries are a common and ordinary occurrence of the Activity; (ii) I have the physical fitness to engage in the Activity and (iii) I SHALL OBEY ALL SIGNS, MARKINGS, AND WARNINGS POSTED AT THE RESORT, AND ALL APPLICABLE LAWS AND REGULATIONS; I am also aware that the risks, dangers and hazards referred to above exist throughout the Resort and that many hazards are unmarked. If applicable, I agree to read to, or to have the other Releasors read, and explain to the other Releasors, all posted signs, markings, and warnings.
SECTION 3: ASSUMPTION OF RISK – PLEASE READ CAREFULLY!
I RECOGNIZE AND ACCEPT THE RISKS ASSOCIATED WITH THE ACTIVITY
I ASSUME ANY AND ALL RISK, INJURY, DEATH OR PROPERTY DAMAGE TO ME WHILE ACCESSING THE RESORT OR ENGAGED IN OR AS A RESULT OF MY VOLUNTARY PARTICIPATION IN THE ACTIVITY
SECTION 4: RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT. THESE CONDITIONS WILL AFFECT YOUR LEGAL RIGHTS. - PLEASE READ CAREFULLY!
IN CONSIDERATION OF THE RELEASEES PERMITTING MY ACCESS TO THE RESORT AND PARTICIPATION IN THE ACTIVITY, and with knowledge of the risks and dangers involved, I AGREE :
1. I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE, that arise or result from in whole or in part, participating in the Activity and, without limitation, claims arising out of or resulting from THE NEGLIGENCE, BREACH OF CONTRACT, BREACH OF ANY DUTY OF CARE OWED BY THE RELEASEES UNDER THE OCCUPIERS’ LIABILITY ACT;
2. WAIVE ANY AND ALL CLAIMS THAT I HAVE OR MAY HAVE IN THE FUTURE against the Releasees;
3. RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE, AND INJURY AND DEATH INCLUDING ANY CLAIM FOR CONTRIBUTION AND INDEMNITY, that I may suffer from my participation in the Activity DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT AND ANY DUTY OF CARE OWED TO ME BY THE RELEASEES UNDER THE OCCUPIERS’ LIABILITY ACT; and
4. INDEMNIFY AND HOLD HARMLESS the Releasees from any and all liability for any damage to property of, or personal injury to, any third party, resulting from my, or my family member or next of kin, use of the Resort or participation in the Activity.
5. AGREEMENT BINDING-- 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;
6. JURISDICTION AND CHOICE OF LAW-- 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 no other jurisdiction. Any litigation involving the parties to this Agreement shall be brought within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario; and
7. NO OTHER REPRESENTATIONS - In entering this Agreement, I am not relying on any oral or written representation or statements made by the Releasees other than what is in this Agreement.
The pass issued to the resort guest is the property of THRIVE TOURS, is not transferable, not for resale and is revocable for misconduct.
I HAVE READ AND UNDERSTAND THIS RELEASE AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
Today's date: May 24, 2022