Every customer of, or visitor to ViewPoint RV Park and Cottages must read and complete this Waiver before being on the premises and before participating in any Activities (as defined below).
- Understanding: I understand that this Waiver is made for the benefit of ViewPoint RV Park and Cottagesand each of its directors, officers, employees, volunteers, officials, lessees, and agents (collectively, the “Campground”). I am a Customer of the Campground regardless if I pay to participate in Activities of the Campground, am a guest at the Campground or if I am visiting the Campground (all the “Customer”). I acknowledge that if I am accompanied by a minor then I confirm that all statements made herein are being made on behalf of such minor and are complete and truthful.
- Risks: I understand that there are inherent risks (“Risks”) associated with the use of the premises and the use of the premises’ facilities, and participation in sports, water sports, swimming, fitness, instruction, food & beverage services, and all other activities, services, programs or events provided or organized by the Campground (the “Activities”).
- Watersports, Boating and Swimming: I freely accept and fully assume all responsibility and acknowledge that participating in water sports, water parks, boating and swimming involves known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself, my children, property or third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
- Potential for Injury: I am aware that the Risks include the potential for serious personal injury, death, or property damage. I understand the Risks may be relative to my own state of fitness and health (including physical, mental and emotional), and to the awareness, care and skill with which I conduct myself.
- Assumption of Risk: I freely accept and fully assume all responsibility for all Risks and possibilities of personal injury, death, property damage or other loss resulting from my participation in the Activities. I accept these Risks and agree to the terms of this Waiver, even if the Campground is found to be negligent or in breach of any duty of care or any obligation to me in any way in respect of the Activities.
- Parental Supervision of Children: I acknowledge, represent and agree that it is the responsibility of parents or guardians to supervise children and ensure their safety during any and all activities and at all times while on the Campground premises.
- Covid-19, Pandemic and Communicable Diseases: I acknowledge, represent and agree:
- a. to observe and fully abide by all rules and protocols set out by all government, governmental bodies, associations or other organizations and the Campground pertaining to Covid-19;
- b. that participation in Activities at the Campground is voluntary;
- c. that Covid-19 can be transmitted by asymptomatic people and there can be no assurance that the virus will not be contracted while at the Campground;
- d. to assume all risk associated with being infected with Covid-19 while being on the Campground property;
- e. that I am healthy, not suffering from and/or presenting with any Covid-19 symptoms;
- f. that the Campground has the right to deny me entry to the Campground premises if I present with any symptoms of Covid-19 or have travelled to the Campground with a person who is not a member of my household.
- Waiver of Claims and Release: In addition to consideration given to the Campground for my participation in Activities and for being on the Campground property, I and my heirs, next of kin, executors, administrators and assigns (collectively my “Legal Representatives”), agree:
- a. to waive all claims that I have or may have in the future against the Campground;
- b. to release and forever discharge the Campground from all liability for all personal injury, death, property damage or other loss resulting from my participation in Activities due to any cause, including but not limited to negligence (failure to use such care as a reasonably prudent and careful person would use under similar circumstances) either passive or active, breach of any duty imposed by law, breach of contract or mistake or error of judgement of the Campground;
- c. to release and forever discharge the Campground from all liability for all personal injury, death, property damage or other loss resulting from any infectious disease, virus, bacterium or other microorganism (whether asymptomatic or not);
- d. to release and forever discharge the Campground from all liability for all personal injury, death, property damage or other loss resulting from Coronavirus (COVID-19) including any mutation or variation thereof;
- e. to be liable for and to hold harmless and indemnify the Campground from all actions, proceedings, claims, damages, costs, demands including court costs and costs on a solicitor and client basis, and liabilities of whatsoever nature or kind arising out of or in any way connected with my, or my guests or any minor at the Campground with me participation in Activities.
- Application: I agree that this Waiver shall remain in full force and effect for all visits by me to the Campground whenever they occur and that entry onto the Campground property is conditional upon agreeing to the terms of this Waiver.
- Governing Law: I agree that this Waiver and all terms contained within are governed by the laws of the Province of Ontario. I hereby irrevocably submit to the exclusive jurisdiction of the courts of Ontario. Any litigation to enforce this Waiver must be instituted in the Province of Ontario.
- Confirmation: I confirm that I have had sufficient time to read and understand each term in this Waiver in its entirety, and have agreed to the terms freely and voluntarily. I understand that this Waiver is binding on myself and my Legal Representatives. I confirm that I have reached the age of majority in the Province of Ontario.
I hereby declare that I or anyone in my household has not experienced any cold or flu-like symptoms in the 14 days (including fever, cough, sore throat, respiratory illness, difficulty breathing) prior to today and prior to each visit that will I make to the Campground. If I or anyone in my household experience any cold or flu-like symptoms after submitting this declaration, I will not visit the Campground for a minimum period of 14 days after the cold or flu-like symptoms have ceased.
I hereby declare that I will inform the Campground, immediately if I or anyone in my household experiences any cold or flu-like symptoms, or has received a positive test for Covid-19.
I hereby declare that I or any member of my household have not traveled to or had a lay-over in any country outside Canada in the past 14 days of each visit by me to the Campground. If I or anyone in my household travels to any country outside Canada after submitting this declaration, I will not visit the Campground for a minimum period of 14 days after the date of return to Canada.
I have read and fully understand and agree to all the terms and conditions of this Waiver and I have explained the risks, dangers and hazards to members of my group listed on this form.
Date: November 30, 2022