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PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK FOR OAKS OF COBDEN INC.



In consideration of the services of Oaks of Cobden Inc., their agents, owners, officers volunteers, participants, employees and all other person and entities acting in any capacity on their behalf (here in after collectively referred to as Oaks), I hereby agree to release and indemnify and discharge Oaks on behalf of myself, my spouse, my children, my parents, my heirs, personal representatives and estate as follows

1) I acknowledge that the use of the floating water playground involves known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself or third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I relinquished their right to sue in the case of injury or death due to an honest mistake or outright negligence by the company or its employees. The risks included, among other things: slips, falls, head injuries, being struck by equipment, struck by other participants, forces of nature, including extremes of weather, lightning, and rapid weather changes, exposure to sun, heat stroke, strong wind, cold, large waves, eddies and whirlpools, tidal conditions, surf and currents; the risk of collision with objects or other watercrafts, crashing, the risk of entrapment within or under the water structure, drowning, the risk of exposure to insect bites, aggressive and poisonous marine life, risk of arm, shoulder or back injuries, accidental drowning and the physical exertion associated with these activities. Furthermore, Oaks employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of participants fitness or abilities. They might misjudge the weather or environmental conditions. They may give incomplete warnings or instructions and the equipment being used might malfunction. 

2) I understand that any photograph, sound recording, motion picture or video taken of me during the use of this equipment is for the sole purpose of collecting and or representing factual information in the interest of serving the good work of Oaks in education and public good. I hereby assign Oaks all rights, title, interest, including copyright in and to any and all such photographs, sound recordings, motion pictures or videos and I hereby irrevocably authorize Oaks, its officers, agents and employees, without limitation, to reproduce, copy, sell, exhibit, publish or distribute, in any medium now known or later developed, any and all such photographs, sound recordings, motion pictures, or videos in perpetuity for the purpose expressed above. I further release and forever discharge Oaks, its officers, agents and employees from any and all claims and demands arising out of or in connection with the use of said photographs, sound recordings, motion pictures or videos, including, but not limited to any and all claims for invasion of privacy, defamation, or infringement of copyright. By signing below, I acknowledge that I have freely and voluntarily entered into this agreement.

3) I expressly and promise to accept and assume all risks existing in this activity. My participation in the activity is purely voluntary and I elect to participate in spite of the risks. Additionally, I agree to wear a Canadian approved personal flotation device throughout the participation of this event. 

4) I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless Oaks from any and all claims, demands or causes of action which are in any way connected with my participation in this activity or my use of Oaks’s equipment or facilities, including any such claims which includes negligent acts or omissions of Oaks.

5) Should Oaks, or anyone acting on their behalf, be required to incur legal fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

6) I certify that I have adequate insurance to cover injury or damage I may cause or suffer while participating, or else I agree to bear the cost of such injury or damage myself. I further certify that I am willing to assume all risks for any medical or physical condition(s) I may have. I assume full responsibility for any loss of personal property (camera, jewelry, glasses, shoes, watches etc.) and any costs associated with said loss.

7) In the event that I file a claim against Oaks, I agree to do so solely in the Province of Ontario, Canada and I further agree that the substantive law of the province shall apply in that action without regard to the conflict of law rule of that province. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in the activity, I may be found by a court of law to have waived my right to maintain a claim against Oaks, on the basis of any claim from which I have release them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be found by its terms.

8) For subjects under 18 years of age: I hereby certify that I am the parent or guardian of the person named below, and I do hereby give my consent without reservation to the foregoing on behalf of them. I also certify that the participant or participants are at least 5 years of age 

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
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*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
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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