To: Camp Tamarack Association, Directors, Officers, Employees, Guides, Instructors, Independent Contractors, Sub-Contractors and Representatives of each (hereinafter collectively called “the Operator”); and
To: His Majesty the King In Right Of The Province of Alberta (hereinafter “the Province”) DEFINITION In this Agreement, the term “Activities” means: a. Adventure Course twin zip lines, giant swing, low ropes course, climbing wall and other elements
b. All activities on the grounds of Camp Tamarack
c. Transportation to and participation in events off the grounds, such as swimming, wall climbing, horse riding, mountain biking, etc. ACKNOWLEDGEMENT – ACTIVITES INCLUDING THE ADVENTURE COURSE I acknowledge that use of the Adventure Course is prohibited unless I am wearing a helmet, harness, safety rope and other necessary equipment. Instruction as to the proper use of the helmet, harness, safety rope and equipment is available from the instructors. I am aware that the physical exertion required of the zip lines, giant swing, wall climbing and other activities on the body can activate or aggravate pre-existing physical injuries, conditions, symptoms or congenital defects. I have been advised, and I acknowledge that I am hereby advised again, by the Instructor that I should seek medical advice before participating in any Adventure Course activities if I know or suspect that my physical condition may be incompatible with participating in these activities.
ASSUMPTION OF RISKS I am aware that Activities, including the Adventure Course, involve many risks, dangers and hazards including, but not limited to: falling from poles, ropes or platforms, impact or collision with trees, negligence of other participants, and NEGLIGENCE ON THE PART OF THE OPERATOR, INCLUDING THE FAILURE BY THE OPERATOR TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF VARIOUS ACTIVITIES. I am aware that the risks, dangers and hazards associated with these Activities contribute to the enjoyment and excitement of the activity. I FREELY ACCEPT AND FULLY ASSUME ALL RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE VARIOUS ACTIVITIES AND THE POSSIBLILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT In consideration of the Operator agreeing to my participation in various Activities and permitting my use of the Operator’s equipment, vehicles, and other facilities (hereinafter referred to as the “Activity 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 Operator and the Province, (hereinafter referred to as 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 various 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, ch. 0-4 RSA 2000, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARD OF ACTIVITIES REFERRED TO ABOVE; 2. 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 Activities; 3. That this Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives in the event of my death; 4. 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 Alberta and no other jurisdiction; 5. Any litigation involving the parties to this Agreement shall be brought within the Province of Alberta and shall be within the exclusive jurisdiction of the Courts of the Province of Alberta. In entering into this Agreement I am not relying on any oral or written representations or statements made by the Operator or by the Releasees with respect to the safety of the Activity Facilities, other than what is set forth in this Agreement. I confirm that I have read and understood this Agreement prior to signing it, and I am aware that by signing this Agreement I am waiving certain legal rights, including the right to sue, which I or my heirs, next of kin, executors, administrators, assigns and representatives may have against the Operator and the Releasees. Today's Date: September 7, 2024 |