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Exploits Extreme Zipline Waiver



Exploits Extreme Ziplines LTD.


RELEASE OF LIABILITY, WAIVER OF CLAIMS AND

ASSUMPTION OF RISKS 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!


DEFINITION

In this Release Agreement the term “Zipline Activities” shall include all activities, events and services provided, arranged, organized, conducted, sponsored or authorised by Exploits Extreme Ziplines LTD. and shall include, but is not limited to: use of Ziplines, hiking, snowshoeing, sightseeing and backcountry travel; orientation and instructional courses and sessions; and other such activities, events and services in any way connected with or related to Zipline Activities.


TOUR DESCRIPTION

Exploits Extreme Ziplines Ltd. offers a recreational zipline adventure, and is located in the Exploits Valley, NL. It adheres to the highest standard of health and safety. Staff are trained and all equipment is certified and inspected by qualified engineers.

 

Upon arrival onsite, the participants will be assisted with getting geared up with CSA approved harness, lanyards , pulleys, etc., and proceed to the start of the course. At this point, your Guide will discuss the course, what participants can expect and will need to do, as well as respond to any questions.

 

The participants will begin the course by using the first zipline across the river and will be greeted on entry by one of our qualified Guides. As participants exit the line, there will be prepared walking trails that will take them to the next line. Some of the trails may be rugged and steep as the terrain changes from line to line. The participants will encounter a total number of six lines during the full course. At the end of the last line there will be a walking trail that will bring participants back to their vehicles, and there will be a drop off for the equipment i.e. harnesses, lanyards, pulleys, etc. 

 

ASSUMPTION OF RISKS

I am aware that participating in Zipline Activities involves many risks, dangers and hazards including but not limited to: boarding, riding and disembarking the tramway, other lifts, vehicles; hiking on rough and uneven terrain; changing weather conditions which may cause the trails, walkways and Ziplines to be slippery; equipment failure; failure to properly adjust or fasten equipment; improper use of equipment; falls; slips and falls while snowshoeing; over-exertion; fear of heights; failure to remain within designated areas; impact or collision with trees, other participants or guides; negligence of other participants or guides; and NEGLIGENCE ON THE PART OF EXPLOITS EXTREME ZIPLINES ltd. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE EXPLOITS EXTREME ZIPLINES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN ZIPLINE ACTIVITIES. 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 Exploits Extreme Ziplines ltd. agreeing to my participation in Zipline Activities and permitting my use of the lifts, hiking trails, equipment, parking 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 Exploits Extreme Ziplines ltd. and to release Exploits Extreme Ziplines ltd. 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 Zipline 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, R.S.B.C. 1996. C. 337 ON THE PART OF EXPLOITS EXTREME ZIPLINES ltd. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF EXPLOITS EXTREME ZIPLINES ltd. TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN ZIPLINE ACTIVITIES REFERRED TO ABOVE;


2. TO HOLD HARMLESS AND INDEMNIFY EXPLOITS EXTREME ZIPLINES ltd.from any and all liability for any property damage or personal injury to any third party resulting from my participation in Zipline Activities;


3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, 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 the Province of Newfoundland and Labrador and no other jurisdiction; and


5. Any litigation involving the parties to this Release Agreement shall be brought solely within the Province of Newfoundland and Labrador and shall be within the exclusive jurisdiction of the Courts of the Province of Newfoundland and Labrador.


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


WEIGHT RESTRICTION Participation in this activity is restricted to persons weighing between 70lb and 300lbs (32kg and 136kg).

 

PHOTO/VIDEO RELEASE

I authorise the use of my appearance by Exploits Extreme Ziplines ltd. I understand that I am to receive no compensation for any appearance. Exploits Extreme Ziplines ltd. shall have complete ownership of media capture. I authorise Exploits Extreme Zip ltd. to use photo, video and voice. I authorise the EEZl to make copies of the photographs and recording for the purposes of education, promotion or advertising. I further understand that the master copies are the property of Exploits Extreme Ziplines ltd.

 By not clicking “agree” you will not be denied access to the Zipline activity and Exploits Extreme Ziplines ltd. will not use my image. I will inform my guide if I have not released my image for usage.

I Agree

 

MEDICAL CONDITIONS AND DECLARATION OF FITNESS

The Zipline Activities are designed for participants of average mobility and strength who are in reasonably good health. Participants must be reasonably physically fit and able to pull themselves along a stretch of cable if they lose momentum before reaching any given landing platform. Obesity, high blood pressure, cardiac and coronary artery disease, pulmonary problems, pregnancy, arthritis, tendonitis, or other joint and muscular-skeletal problems my impair the safety and well-being of the participants on the course, as may other medical physical psychological and psychiatric problems. All such conditions my increase the inherent risks of the experience and cause participants to be a danger to themselves or others. Participants with underlying medial problems that put them at greater risk of injury or illness during Zipline Activities must carefully consider those risks before choosing to participate and they must fully inform tour staff prior to the beginning of the tour and in the space provided below. Exploits Extreme Ziplines ltd. reserves the right to exclude any applicant from participation for medical, safety or other reasons, in its sole, absolute, and unlimited discretion.

I have read the foregoing statement of medical risks. I hereby declare that I am physically fit. I do not, and have not, suffer from any medical conditions, mental or physical, which could reasonably and foreseeably cause a dangerous situation to other persons or myself while participating in Zipline activities.

May 26, 2024

 

I HAVE READ THIS AGREEMENT, I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND SIGN FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

 


First Participant's Name

First Name*

Last Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

Email*

Confirm Email*
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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.
Parent or Guardian's Name

First 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.


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