WAIVER AND RELEASE OF LIABILITY
"FOR A JETSKI"
READ THIS FORM COMPLETELY AND CAREFULLY
IN CONSIDERATION of the opportunity to rent, drive, ride and otherwise utilize the vehicle(s) provided in accordance with the accompanying rental agreement and terms and conditions (the “Activities”) by ADVENTURE CRYSTAL BEACH LIMITED (“Operator”) and Bombardier Recreational Products (“BRP”), I, for myself, my heirs, executors, administrators and assigns:
1. ACKNOWLEDGE, agree and represent that I understand the nature of the activities being conducted (the “Activities”), and that I am qualified, in good health and in proper physical condition to participate in the Activities, AND HOLD ALL REQUIRED LICENSES, ADEQUATE LIABILITY INSURANCE AND POSSESS THE ABILITY TO OPERATE A MOTOR VEHICLE IN ONTARIO, CANADA;
a. I have reviewed, am familiar with, and will comply at all times with the SAFETY INSTRUCTIONS provided by the Operator, ALL INSTRUCTIONS AND WARNINGS contained in the Owner’s Manual, and the WARNINGS ON THE VEHICLES, including the use of a helmet, goggles, and other personal protective equipment and the wearing of seatbelts.
b. I have not and will not consume drugs, alcohol or any other substance that could impair my judgment or driving/riding ability
2. FULLY UNDERSTAND that the Activities involve certain risks and dangers incidental thereto.
3. FULLY UNDERSTAND that:
a. THE ACTIVITIES INVOLVE RISKS AND DANGERS including risks to myself and to other participants which include but are not limited to serious bodily injury, including permanent disability, paralysis and death, accidents at the facilities, negligence of other parties participating in the activities, and from the malfunctioning of equipment.
b. these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the activities, the condition in which the activities take place or by negligence;
c. there may be other risks and social and economic losses either known to me or not readily foreseen at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES I incur as a result of my participation in the activities.
4. AGREE AND WARRANT that I will examine and inspect the facilities and equipment to be used in the activities in which I take part and that if I observe any condition which I consider to be unacceptably hazardous or dangerous, I will notify the proper authority in charge of the activity and will refuse to take part in the activity until the condition has been corrected to address reasonable safety concerns.
5. ACKNOWLEDGE that I have received appropriate and thorough safety instructions and a vehicle review including its handling, safety features, risks, hazards, instructions and warnings and am comfortable and confident in my ability and knowledge to handle the rented vehicle in accordance with such safety instructions and warnings on the vehicles and in accordance with the safety training provided and if I have any questions, I will ask before riding;
6. HEREBY RELEASE, discharge and covenant not to sue the Operator, Bombardier Recreational Products (“BRP”), or their administrators, directors, agents, officers, volunteers and employees, applicable owners and lessors of premises, on which the activities takes place (each considered one of the Releasees herein) from all liability, claims, demands, losses or damages on my account caused or alleged to be caused in whole or in part by the negligence of the Releasee or otherwise, including negligent rescue operations; and
7. I further agree that if, despite this release and waiver of liability, assumption of risk and indemnity agreement, I or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS each of the Releasees from any litigation expenses, legal fees, loss, liability, damage or costs which any may incur as a result of such claim, to the fullest extent permitted by law.
8. I agree that I am above the age 21.
I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.