RELEASE OF LIABILITY, WAIVER OF CLAIMS AND ASSUMPTION OF RISKS AGREEMENT (hereinafter the “Release Agreement”)
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF THE OCCUPIERS LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY
*LIFEJACKETS or PFDs ON DOCKS ARE MANDATORY FOR GUESTS UNDER AGE OF 12 *LIFEJACKETS or PFDs ON BOATS ARE MANDATORY FOR GUESTS UNDER AGE 18 *LIFEJACKETS or PFDs ARE STRONGLY RECOMMENDED FOR EVERYONE TO WEAR
Canadian law requires that a lifejacket or pdf for each person is on board any type of watercraft, including human-powered crafts
More Information: https://tc.canada.ca/en/marine-transportation/marine-safety/boating-safety/choosing-lifejackets-personal-flotation-devices-pfds In this agreement the term “Sea Otter Lodge” includes the main buildings, decks, exterior buildings, 7 acre island, beaches and docks on LOT 1613 known as Sea Otter Lodge. The term “guest” refers to anyone staying or present at the “lodge”. TO: Sea Otter Lodge Inc, DBA Sea Otter Lodge, and their respective directors, officers, employees, guides, volunteers, agents, independent contractors, subcontractors, representatives, sponsors, successors and assigns (hereinafter collectively the “Releasees”).
ASSUMPTION OF RISKS I Agree to assume all risks, dangers and hazards of staying at Sea Otter Lodge and participating in any activities, including but not limited to boating, kayaking, fishing, exploring, hiking, surfing and all other activities while staying at the lodge.
I Agree to accept that the lodge involves many risks, dangers and hazards on both land and water, including, but not limited to: irregular construction, heritage building, out buildings, workshops, farm facilities, agricultural equipment, propane appliances, wood stove heat, wood fire place, gas water heater, gas cookstove, gas barbeque, changing weather conditions, rain, storms, slippery conditions, tidal action & changes, uneven ground, rocky beaches forest trails and other natural objects such as old growth natural forests, moorage facilities, docks, ramps, the boarding of boats, the moorage of boats, and the negligence of other guests.
I Agree to accept that the all the lodge docks, piers & ramps can be slippery, wet, unstable, steep , irregular construction and hazardous. Boats may be provided, such as row boat, canoe or kayaks, for guest use and I accept all risks involved in boating. Swimming both on the beach & from dock by children is to be supervised by parents & guardians.
I Agree to accept that the lodge is not responsible for any boats that guests may bring for their use and/or charter boats from third party owners. Nor is the lodge responsible for any injuries, losses, damages, liabilities or death that may occur from use of guest or third party boats.
I Agree to accept that lodge wood stove was not professionally installed, nor does lodge have a WETT Inspection Number for the wood stove. The fireplace also does not have a WETT Inspection Number. I also accept that all heat-producing appliances are propane fuel.
I Agree to accept that any visitors that come to visit or provide a service, such as boat charters or fishing charters, are the responsibility of guests who will ensure that visitors follow all routines of the lodge safely.
I Agree to accept all risks, dangers and hazards while staying at the lodge and participating in activities, including boating, entering & disembarking boats; loss of balance or control; slips, trips and falls; collision or impact with natural or man-made objects or with other persons; becoming lost or separated from one’s party; failure to act safely or within one’s own ability or to stay within any designated areas.
I Agree to accept risk for infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact; and negligence on the part of the Releasees.
I Agree to accept that negligence includes failure on the part of the Releasees to take reasonable steps to safeguard or protect me from or warn me of the risks, dangers and hazards of participating in all activities.
|