RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT ("AGREEMENT"). BY SIGNING THIS AGREEMENT, 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
TO: Calabogie Peaks ULC, Calabogie Resorts LP, Calabogie Hotel LP, Calabogie Utilities LP, Calabogie GP Inc., Dickson Landco Inc., Dickson Interests Inc. and Calabogie Peaks Holding Inc. and their directors, officers, employees, instructors, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns; and to the Manufacturers and Distributors of rental and other equipment, and their directors, officers, employees, instructors, agents, representatives; and to the owners, lessors or occupiers of all lands and premises upon which the Participants may from time to time be participating in activities and/or clinics and/or games (collectively the “Resort” and/or “Releasees”).
AS PART OF MY CONSIDERATION FOR THE USE OF THE RELEASEES’ EQUIPMENT, FACILITIES AND RESORT PREMISES (which includes without limitation its waterways, docks and the Activities described below (collectively referred to as the “Premises”) and for other good and valuable consideration, the sufficiency of which is acknowledged by the Participants, the Participant agrees to the following terms:
- I/We will be participating in the activities and/or clinics offered by Resort and using the Resort’s facilities, equipment and Premises at my/our own risk.
- I/We understand and agree to pay for any and all damages to the facilities, equipment and Premises caused by my/our use of it.
- I/We represent and warrant that I/We am/are knowledgeable in the use of the facilities, equipment and Premises, which I/we will from time to time decide to use.
- I/We will at all times ensure that my/our participation in any given Activity is within the limits marked out by the Resort or within the areas designated by the Resort.
- I/We will always wear a life jacket during water sports, and I will ensure it is fastened properly.
- I/We will treat the equipment with respect, especially until I/We learn/experience its capabilities.
- I/We must not have any alcoholic beverages before or during my/our participation in any of the water sporting Activities or clinics.
- I/We understand there are elements of risk of injury in water sports and all Activities that generally accompany or are associated with water sports.
- I/We understand that I/We am/are at all times responsible for the safety and conduct of any passengers on the equipment I/We am/are using.
- I/We understand that failure to comply with above terms may result in additional charges and/or the removal of Resort membership and access privileges.
ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS
I am aware that activities at the Resort involve risk. Activities include, but are not limited to, walking, playing, observing sports, sailing, playing on the beach or grounds, running, hiking, biking, training, swimming, diving, water sliding, boating, boat tours, canoeing, kayaking, stand up paddle boarding, activities with other water vessels and inflatable toys, water skiing, tubing, wake boarding, golfing, climbing, chairlift rides, scaling and the use of a personal mobility device (including a vehicle, motorized bike, ATV, side by side, gator, amphibious machine, trailbike). The risks, dangers and hazards include, but are not limited to infectious disease contracted through viruses, bacteria, parasites, and fungi which may be transmitted through direct or indirect contact and the negligence of others and NEGLIGENCE ON THE PART OF THE RESORT OR THEIR STAFF INCLUDING THE FAILURE ON THE PART OF THE RESORT AND THEIR STAFF TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF ACTIVITIES.
As a condition of the undersigned using the Resort’s lands, facilities, Equipment and Premises, I/we the undersigned Participant (s) or the duly authorized legal guardian(s) of the Participant(s) (if applicable), assume all risk of personal injury, death or property loss or any consequential or indirect loss or damage, resulting from any cause whatsoever, including but not limited to:
- The inherent risks of Activities, including, without limitation, the Activities listed above
- The use of any and all Resort facilities, Equipment, lands and Premises
- Negligence, breach of contract, breach of statutory duty of care or breach of the Occupiers’ Liability Act on the part of the Resort, their employees, agents, principals, officers, directors, servants, representatives and/or the owners, lessors or occupiers of all lands and premises upon which I/we the Participant(s) or the duly authorized legal guardian(s) of the Participant(s) may from time to time be participating on.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me to engage in Activities, and use the Resort Premises, I hereby agree as follows:
- 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 and all claims, suits, loss, damage, expense, costs or injury including death that I may suffer, or that my next of kin may suffer either directly or indirectly, as a result of my use of the Equipment and the Premises, 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.O. 1990, c.O.2 on the part of Releasees, and also including the failure on the part of the Releasees to warn, safeguard and/or protect me from the risks, dangers and hazards of Activities.
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability, claims, suits, loss, damages, expenses, costs in connection with any damage to property of or personal injury to, any third party, resulting from my use of the Equipment or the Premises
- This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and representatives, in the event of my death or incapacity;
- This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the Province of Ontario and no other jurisdiction;
- That any litigation involving the parties to this Agreement shall be brought within the Province of Ontario and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario; and
- In entering into this Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to safety other than what is set forth in this Agreement.
I HAVE READ AND UNDERSTAND THIS AGREEMENT. BY SIGNING THIS AGREEMENT, I ACKNOWLEDGE THAT I AM AGREEING TO THE FOLLOWING:
I. THAT I AM ASSUMING ALL RISK OF INJURY, LOSS OR DAMAGE WITH RESPECT TO THE EQUIPMENT, THE ACTIVITY I WILL BE PARTICIPATING IN AND THE USE OF THE PREMISES
II. THAT I AM WAIVING ANY AND ALL CLAIMS ARISING FROM ANY CAUSE WHATSOEVER AGAINST THE RELEASEES, ON BEHALF OF MYSELF AND MY HEIRS, SUCCESSORS AND ASSIGNS; AND
III. THAT I WILL INDEMNIFY THE RELEASEES IF ANY SUCH CLAIMS ARE BROUGHT AGAINST THEM
I/We the undersigned as the Legal Guardian for the Participants named as listed below hereby agree to indemnify and save harmless the Releasees from any and all Judgments or Orders for the payment of money or money equivalent, claims and demands, suits, or actions, of whatever nature including any claims for contribution and indemnity and all solicitor and client costs of responding to or defending such claims, demands suits or actions, which may be brought by or against the Participants, the Participant(s) personal representative(s) or by any person in favour of the Participants(s), arising out of, or in connection with, the use of the facilities, equipment and Premises of the Releasees by the Participant(s).
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