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RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
 (To be executed by Participants under the age of majority) 

 For Participation At:

McClintock's Water Ski School & Pro Shop Inc.

 

WARNING!

By signing this document you will assume certain risks and responsibilities, including the right to sue. Please read carefully.

1. This is a binding legal agreement. Clarify any questions or concerns before signing. As a towed water sports participant and the events, workshops, instruction, activities, competitions, programs, and services of Water Ski & Wakeboard Canada or its affiliated Provincial Associations or member clubs and schools (collectively the “Activities”), the undersigned, being the Participant and the Participant’s Parent/Guardian (collectively the “Parties”), acknowledge and agree to the terms outlined in this document.

Disclaimer

2. Water Ski & Wakeboard Canada, affiliated Provincial Associations, member clubs and schools, and their respective Directors, Officers, committee members, members, employees, coaches, volunteers, officials, participants, agents, sponsors, owners or operators of the facilities in which the Activities take place, and representatives (collectively the “Organization”) are not responsible for any injury, property damage, death, expense, loss of income, damage or loss of any kind suffered by the Participant during, or as a result of, the Activities, caused in any manner whatsoever including, but not limited to, the negligence of the Organization. 

We have read and agree to be bound by paragraphs 1 and 2

I Agree

Description and Acknowledgement of Risks

3. The Parties understand and acknowledge that:

a) The Activities have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, paralysis and loss of life;

b) The Organization may offer or promote online programming (such as webinars, remote conferences, workshops, and online training) which have different foreseeable and unforeseeable risks than in-person programming; and

c) The Organization has a difficult task to ensure safety and it is not infallible. The Organization may be unaware of the Participant’s fitness or abilities, may give incomplete warnings or instructions, may misjudge weather or environmental conditions, and the equipment being used might malfunction. 

4. The Participant is participating voluntarily in the Activities. In consideration of that participation, the Parties hereby acknowledge that they are aware of the risks, dangers and hazards and may be exposed to such risks, dangers, and hazards. The risks, dangers and hazards include, but are not limited to:

a) Privacy breaches, hacking, technology malfunction or damage; 

b) Executing strenuous and demanding physical techniques and exerting and stretching various muscle groups; 

c) Vigorous physical exertion, strenuous cardiovascular workouts, dehydration, heatstroke, fatigue and rapid movements; 

d) The failure to properly use any piece of equipment or from the mechanical failure of any piece of equipment; 

e) Failure to follow instructions or rules; 

f) Spinal cord injuries which may render the Participant permanently paralyzed; 

g) Serious injury to virtually all bones, joints, ligaments, muscles, tendons, and other aspects of the Participant’s body or to the Participant’s general health and well-being; 

h) Abrasions, sprains, strains, fractures, or dislocations; 

i) Concussion or other head injuries, including but not limited to, closed head injury or blunt head trauma; 

j) Physical contact with other participants, spectators, equipment, and hazards; 

k) Water hazards, waves, unstable surfaces and extreme weather conditions; 

l) Extreme speeds and heights relating to towed water sports; 

m) Jumps, water features and obstacles, buoys and other structures that are placed in the water; 

n) Drowning due to equipment failure or entanglement, falling from boat/watercraft into the water, or being knocked unconscious while participating in a towed water sport; 

o) Not wearing appropriate safety equipment or failure to act safely or within the Participant’s ability or designated areas; 

p) Negligence of other persons, including other spectators, other participants, volunteers or employees; 

q) The Participant’s conduct and conduct of other persons including any physical altercation between participants; and 

r) Travel to and from competitive events and associated non-competitive events, which are an integral part of the Activities. 

We have read and agree to be bound by paragraphs 3 and 4 

I Agree

Terms

5. In consideration of the Organization allowing the Participant to participate in the Activities, the Parties agree:

a) That the Participant must wear appropriate personal flotation devices (PFD) and impact protection equipment that meets current Canadian safety standards when participating on the water, and the Organization will provide guidance on proper fitting and usage of such equipment; 

b) That when the Participant practices or trains in their own space, the Parties are responsible for the Participant’s surroundings and the location and equipment that is selected for the Participant; 

c) That the Participant’s mental and physical condition is appropriate to participate in the Activities and the Parties assume all risks related to the Participant’s mental and physical condition; 

d) That the Participant may experience anxiety while challenging themselves during the Activities; 

e) To comply with the rules and regulations for participation in the Activities; 

f) To comply with the rules of the course, facility or equipment; 

g) That if the Participant observes an unusual significant hazard or risk, the Participant will remove themselves from participation and bring their observations to a representative of the Organization immediately; 

h) The risks associated with the Activities are increased when the Participant is impaired and the Participant will not participate if impaired in any way; 

i) That it is their sole responsibility to assess whether any Activities are too difficult for the Participant. By the Participant commencing an Activity, they acknowledge and accept the suitability and conditions of the Activity; 

j) That they are responsible for the choice of the Participant’s safety or protective equipment and the secure fitting of that equipment; and 

k) The Organization has no obligation to provide the Participant with financial or other assistance, including but not limited to, medical, health or disability benefits or insurance of any nature in the event of injury, illness, death, or property damage. 

Release of Liability and Disclaimer

6. In consideration of the Organization allowing the Participant to participate, the Parties agree: 

a) That the Parties are not relying on any oral or written statements made by the Organization or their agents, whether in brochure or advertisement or in individual conversations, to agree to participate in the Activities; 

b) That the Organization is not responsible or liable for any damage to the Participant’s vehicle, property, or equipment that may occur as a result of the Activities; and 

c) That this Agreement is intended to be as broad and inclusive as is permitted by law of the Province of Alberta and if any portion thereof is held invalid, the balance shall continue in full legal force and effect. 

Jurisdiction

7. The Parties agree that if they file a lawsuit against the Organization, they agree to do so solely in the Province of Alberta and they further agree that the substantive law of the Province of Alberta will apply without regard to conflict of law rules.

Acknowledgement

8. The Parties acknowledge that the Participant’s personal information (name, age, email address and address) will be collected, used, and stored in accordance with applicable privacy laws and may be shared with the associated Provincial/Territorial association and Water Ski & Wakeboard Canada for registration and administrative purposes. The Organization will protect this information using appropriate security measures and will not share it with third parties without consent except as required by law. 

9. The Parties consent to the non-commercial use of photographs, videos, and recordings taken during Activities and the disclosure of event results on websites, social media, promotional materials, and newsletters. This consent may be withdrawn at any time by written notice to the Organization. 

We have read and agree to be bound by paragraphs 5 to 9 

I Agree

Acknowledgement 

10. The Parties acknowledge that they have read this agreement and understand it, that they have executed this agreement voluntarily, and that this Agreement is to be binding upon themselves, their heirs, their spouses, parents, guardians, next of kin, executors, administrators and legal or personal representatives. 

First Participant's Name
First Name*
Last Name*
Select Gender
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
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Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
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Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Select Gender
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
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Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
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*
Last Name*
Relationship*
Select Gender
Parent or Guardian's Date of Birth*
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.


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