BY SIGNING THIS DOCUMENT, YOU WILL WAIVE OF GIVE UNCERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
URBAN OCEAN Stand Up Paddle and its directors, officers, employees, instructors, guides, agents, representatives, independent contractors, subcontractors, suppliers, successors, and assigns (of whom are hereinafter referred as “the Releasees”)
In this Release Agreement the term “Water Activities” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: stand up paddling, surfing, kayaking, boogie boarding, wind surfing, wing sailing, sailing, snorkeling, rental of equipment orientation and instructional courses, seminars and sessions; and all travel, transport and accommodation.
ASSUMPTION OF RISKS
I am aware that participating in Water Activities involve many risks, dangers and hazards including, but not limited to: accidents which occur during transportation or travel to and from location of Water Activities; slip and falls while getting into or out of the boats/boards: overturning of the boats/boards, loss of balance; impact, collision with or entrapment by trees, logs, deadfall, boats, equipment or other participants in the Water Activities; hypothermia, drowning,changing and inclement weather conditions including storms, high wind, high waves, and lightning; encounters with domestic or wild animals; negligence on the part of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE WATER ACTIVITIES.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN WATER ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND POSSIBILITY OF PERSONAL INJURY, DEATH AND 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 Water Activities and permitting my use of their services, equipment and other facilities, and for the other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1) TO WAIVE 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 Water Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREECH 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 RISKS, DANGERS AND HAZARDS OF PARTICIPATION IN THE WATER ACTIVITIES REFERRED TO ABOVE;
2) TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and liability for any property damage, loss of personal injury to any third party resulting from my participation in the Water Activities;
3) The 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 where the Water Activities take place and no other jurisdiction; and
5) Any litigation involving the parties to this Release Agreement shall be brought solely within the province where the Water Activities take place and shall be within the exclusive jurisdiction of the Courts of that province.
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 the participating in the Water Activities, other than what is set forth in this Release Agreement.
I understand that during classes, workshops, programs, and other activity video, drone, or still photography may be taken. I agree that my photograph may be used without charge by Urban Ocean, Stand Up Paddleboard Ottawa and its partners, and/or it’s assigns for such purposes as they deem appropriate.
I CONFIRM THAT I AM ATLEAST 18 YEARS OLD* I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASES.
*A PARENT OR GUARDIAN MUST SIGN THIS IF YOU ARE UNDER 18 YEARS OF AGE . PROVISION OF FALSE INFORMATION OR SIGNATURE RELEASEES URBAN OCEAN FROM ANY CLAIMS.
Today's Date: January 30, 2023