Loading...

WHISTLER WATERSPORTS - EFOIL WAIVER

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT 

(hereinafter referred to as the "Release Agreement")

BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT 

PLEASE READ CAREFULLY!


I, the “Participant” sign this RELEASE AND WAIVER OF LIABILITY (the “Release Agreement”), in favour of Whistler Watersports Corp. and all related or associated companies and their respective owners, directors, officers, employees, volunteers, agents, representatives, instructors, guides, contractors, subcontractors, sponsors, advertisers, and their successors and assigns (hereinafter collectively referred to as the “Releasees”).

In this Release, the term “E-foiling” shall include, but is not limited to: the use of an e-foil board (together with its mast/wing, battery, propulsion system, and controller), instruction/coaching on the use thereof, guided excursions thereon, and all related activities, services, and use of facilities, equipment, and/or terrain either provided by, made available by, or arranged by the Releasees.


ACKNOWLEDGEMENT-SAFETY                


THE USE OF APPROVED SAFETY EQUIPMENT IS MANDATORY

I acknowledge that I have been advised I must, and I will, wear the appropriate safety or protective equipment as directed by the Releasees while participating in E-foiling, including helmets, wetsuits, wetsuit boots, personal flotation devices, and other protective gear (the “Equipment”). Using proper safety equipment may be mandatory under applicable governmental law, and I am aware that E-foiling and the use of the Equipment may be subject to applicable municipal, Provincial and/or Federal regulations.

I am aware that the physical exertion required by E-foiling and forces exerted on the body can activate or aggravate pre-existing injuries, conditions, symptoms, or congenital defects. I have been advised to seek medical advice if I know or suspect that my physical condition may be incompatible with E-foiling.

I am familiar with the proper use of the equipment used in E-foiling and I have taken proper instructional lessons prior to, or I will as part of, its use. Regardless of my familiarity, I understand that staff of the Releasees are available to answer questions I may have and will orientate myself as to the proper use of the E-foiling Equipment as part of my E-foiling excursion.

I acknowledge and confirm that I will not be under the influence of drugs and/or alcohol while participating in E-foiling.


DESCRIPTION AND ASSUMPTION OF RISKS        


There are many potential RISKS, DANGERS and HAZARDS associated with E-foiling, including the RISK OF SEVERE INJURY OR DEATH.

The terrain and bodies of water used for E-foiling can be uncontrolled, unmarked, in poor condition, and not inspected, and involve many risks, dangers and hazards. The Releasees make no representations as to whether the terrain is safe.

Risks, dangers and hazards associated with E-foiling may include, but are not limited to:

Accidents which occur during transportation to and from the location of activity; the overturning, upsetting, breach of the wings, or sudden violent and unexpected movement of the E-foil device; entrapment by trees, logs, rocks, or equipment; falling from the E-foil; running aground and/or other hard stops; rapids; variation in water conditions, surfaces, and currents; impact or collision with submerged or partially submerged marked and unmarked obstacles, including hidden or exposed rocks, boulders, ice, logs, stumps, roots, forest deadfall, trees and other objects, other vessels (including, but not limited to, boats, ferries or other shipping vessels, jet-skis, E-foils, seaplanes, canoes, kayaks, stand-up paddleboards; other boating equipment, or people; unmarked and uncontrolled terrain; still and moving water; limited visibility; variable, severe or rapidly changing weather with little or no warning including storms, high winds and whiteouts; waves and water vessel wakes; electrical storms; heat stroke and/or heat exhaustion; hyperthermia; hypothermia; frostbite; sunburn; drowning; loss of balance or control and falls, particularly on difficult terrain or conditions; difficulty or inability to control one’s speed and direction; errors of judgment; lack of preparation; inadequate, inappropriate, improperly prepared, adjusted, or attached equipment; equipment failure, malfunction or loss; loss or damage to personal property; slips, trips, and falls; failure to act safely or within one’s ability or within a designated area; falls and impact onto E-foiling equipment; impalement on E-foiling equipment or other objects; negligence of other persons or other E-foiling participants; negligent first aid; encounters with domestic or wild animals including animal bites; becoming lost, going off route or becoming separated from one’s party; and infectious and communicable disease, including but not limited to COVID-19, contracted through viruses, bacteria, parasites, and fungi, which may be transmitted through direct or indirect contact or the negligence of other persons.

Communication, including cellular reception, in the areas where E-foiling occurs may not be reliable or available, and it may be difficult or impossible to communicate with the outside from within such areas, and in the event of an accident, rescue and medical treatment may not be readily available or available.

I am aware that participation in E-foiling also MAY INCLUDE RISKS INCLUDING NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN E-FOILING. I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM.


RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT       


In consideration of the RELEASEES agreeing to my participation in E-foiling, I do hereby freely, voluntarily, and without duress agree as follows:

1. TO WAIVE ANY 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 E-foiling, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c.337, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN E-FOILING INCLUDING THE RISKS REFERRED TO ABOVE.

2. I agree TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury to any third party resulting from my participation in E-foiling, as well as any loss of or damage to my personal property as a consequence of E-foiling.

3. I agree TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all expenses incurred by the Releasees, including legal fees and/or settlement payments and/or Court or Tribunal awards, as a result of legal or administrative actions brought by myself (or brought on behalf of a minor, if I am executing this Release as the parent/guardian on behalf the said minor participant of E-foiling).

4. Should I (or the minor if I am executing this Release as the parent/guardian on behalf of the said minor participant) require first aid or emergency medical treatment as a result of accident, illness or any medical issue while participating in E-foiling, I consent to such treatment as deemed necessary by the Releasees.

TO WAIVE ANY 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 E-foiling, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, R.S.B.C. 1996, c.337, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN E-FOILING INCLUDING THE RISKS REFERRED TO ABOVE.

5. I agree TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability on account of any first aid, treatment or services rendered in connection with my participation in E-foiling.

6. Should I (or the minor if I am executing this Release as the parent/guardian on behalf of the said minor participant) require emergency evacuation, rescue, first aid or medical treatment, I agree that I will bear all costs and expenses associated with such emergency evacuation, rescue, first aid or medical treatment, and these costs and expenses will not be covered by the Releasees.

7. I understand that the Releasees do not assume any responsibility for, or obligation, to provide financial assistance, insurance, or other assistance, included but not limited to medical, health or disability insurance.

8. I certify that no qualified medical professional has advised me to not participate E-foiling.

9. This Release shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death of incapacity.

10. This Release and any rights, duties and obligations as between the parties to this Release shall be governed by and interpreted solely in accordance with the laws of the Province of British Columbia and no other jurisdiction, and any litigation involving the parties to this Release shall be brought solely within the Province of British Columbia and shall be within the exclusive jurisdiction of the Courts of the Province of British Columbia.

If any portion of this agreement shall be held to be invalid or unenforceable, such provision shall be stricken and the remainder of the agreement shall remain in full force and effect to accomplish the intent and purpose of the parties. The parties agree to negotiate the severed provision to bring it within the applicable legal requirements to the extent possible.

In entering into this Release, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in E-foiling, other than what is set forth in this Release.

PHOTO/VIDEO RELEASE – I understand that during E-foiling I may be photographed or videotaped and I consent to such photographs and/or video taken of me being used for advertising, promotional or marketing purposes.

I confirm that I have read and understand this Agreement and by signing it voluntarily I am agreeing to abide by these terms. I am aware that by signing this Release Agreement I am waiving certain legal rights which I or my heirs, executors, administrators, assigns, and representatives may have against the Releasees.

BY CLICKING THE CHECKBOXES ABOVE, APPLYING MY ELECTRONIC SIGNATURE WHERE PROVIDED BELOW AND CLICKING THE SUBMIT BUTTON BELOW, I ACKNOWLEDGE, AGREE AND CERTIFY AS FOLLOWS:

(a) I HAVE READ AND REVIEWED THE AGREEMENT AND FULLY UNDERSTAND AND AGREE TO ITS TERMS;

(b) THE ABOVE INFORMATION IS TRUE AND CORRECT IN ALL RESPECTS AS OF THE DATE AND TIME THAT I HAVE CLICKED THE SUBMIT BUTTON;

(c) I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, EXECUTORS, ADMINISTRATORS, ASSIGNS, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES; AND

(d) I HAVE THE POWER AND AUTHORITY TO AGREE TO THE AGREEMENT.

I Agree

Dated: January 2, 2025

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

Email
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
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.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!