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BITCHES ‘N BARRELS: COLD WATER SURF ASSOCIATION

2853 Heath Drive, Victoria, BC, V9A2J6, info@bitchesnbarrels.com, 250-609-1542

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (hereinafter referred to as “release agreement”).

BY SIGNING THIS DOCUMENT, YOU WILL GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT. PLEASE READ CAREFULLY.

          


TO: Bitches ‘n Barrels, and their owners, operators, directors, volunteers, instructors, guides, representatives, contractors, subcontractors, sponsors, suppliers, and successors (all of whom are hereinafter referred to as “the Releasees”).

In the release agreement, the term, “the activities” means all activities, events, or services provided, arranged, organized, conducted, sponsored, or authorized by the Releasees including but not limited to: walking, hiking, surfing, swimming, cooking, camping, eating, renting wetsuits/equipment, orientation and instructional courses, and any other activities, events, or services in any way connected with or related to the Activities.

ASSUMPTION OF RISKS: I am aware that the Activities involve many risks, dangers, and hazards. The risks, dangers, and hazards include but are not limited to: being hit by the board, other surfers and their boards which could result in cuts, bruises, abrasions, concussions, or serious injury or death; hitting the bottom of the ocean; sprains, strains, broken bones, paralysis, even death; exhaustion, dehydration, sun burn; exposure to poisonous and/or carnivorous sea creatures; and accidental drowning; changing and inclement weather conditions including storms, high wind, high waves, and lightning; tripping/falling/slipping while hiking, which could result in cuts, bruises, abrasions, concussions, serious injury, or death; injury resulting from campfire such as burns and smoke inhalation; adverse reactions to food such as diarrhea, stomach irritation, anaphylaxis, rash/hives, or nausea; negligence on the part of other participants and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS OF PARTICIPATIN GIN THE ACTIVITIES. Communication in the remote terrain which is sometimes used for the Activities is difficult and in the event of an accident, rescue and medical treatment may not be readily available.  

I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND I FREELY ACCEPT AND FULL ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS RESULTING THEREFROM                                                                                                                       

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT: In consideration of the Releasees agreeing to my participation in the Activities and permitting my use of their services, equipment, and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:

1.  TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against 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 the Activities, 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, on the part of the Releasees, and further including the failure on the part of the Releasees to safeguard or protect me from the many risks, dangers, and hazards of participating in the Activities.



2.      TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss, expense, or personal injury to any third party resulting from my participation in the Activities, including but not limited to:

a.       The use of my own equipment during the Activities such as wetsuits, surfboards, hiking boots, cooking/kitchen equipment; and

b.      All costs of rescue, medical attention, or health care costs rendered to me, or for my benefit as a result of the Activities.

3.      This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrations, assigns, and representatives, in the event of my death or incapacity;

4.      This Release Agreement and any rights, duties, and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of British Columbia and no other jurisdiction; and

5.      Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of British Columbia and shall be the exclusive jurisdiction of the Courts of that province.

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



Bitches ‘n Barrels has my permission to use my photograph publicly to promote the experience. I understand that the images may be used in print publications, online publications, presentations, websites, and social media. I also understand that no royalty, fee, or other compensation shall become payable to me by reason of such use.


 

I CONFIRM THAT I AM THE FULL AGE OF NINETEEN (19) YEARS AND I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR

TO SIGNING IT, AND I AM AWARE THAT BY SIGNING IT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I MAY HAVE AGAINST THE RELEASEES.

 

May 20, 2024

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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.
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 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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