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RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

(To be executed by Participants over the age of majority)

 

WARNING! Please read carefully By signing this document you will waive certain legal rights – including the right to sue

1.      This is a binding legal agreement. Clarify any questions or concerns before signing. As a towed water sports/ general resort activities participant and the events, workshops, instruction, activities, competitions, programs, and services of Elmhirst’s Resort  (collectively the “Activities”), the undersigned acknowledges and agrees to the terms outlined in this document.

2.      Disclaimer

Elmhirst’s Resort (collectively the “Organization”) is not responsible for any injury, personal injury, damage, property damage, expense, loss of income or loss of any kind suffered by a Participant during, or as a result of, the Activities, caused in any manner whatsoever including, but not limited to, the negligence of the Organization.

3.      Description and Acknowledgement of Risks

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

4.      Description and Acknowledgement of Risks

I am participating voluntarily in the Activities. In consideration of my participation, I hereby acknowledge that I am aware of the risks, dangers and hazards associated with or related to the Activities. 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 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 me permanently paralyzed;

g.      Serious injury to virtually all bones, joints, ligaments, muscles, tendons and other aspects of my body or to my general health and wellbeing;

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 out 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 my own ability or designated areas;

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

q.      Negligence on the part of the Organization, including failure by the Organization to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with my participation in the Activities.

5.      Terms

In consideration of the Organization allowing me to participate in the Activities, I agree:

a.      That I am expected to wear an appropriate floatation and impact protection when participating on the water;

b.      That when I practice or train in my own space, I am responsible for my surroundings and the location and equipment that I select;

c.       That my mental and physical condition is appropriate to participate in the Activities and I assume all risks related to my mental and physical condition;

d.      That I 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 I observe an unusual significant hazard or risk, I will remove myself from participation and bring my observations to a representative of the Organization immediately;

h.      The risks associated with the Activities are increased when I am impaired and I will not to participate if impaired in any way;

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

j.        That I am responsible for my choice of safety or protective equipment and the secure fitting of that equipment.


6.      Release of Liability and Disclaimer

 In consideration of the Organization allowing me to participate, I agree:

a.      That the sole responsibility for my safety remains with me;

b.      To ASSUME all risks arising out of, associated with or related to my participation;

c.       That I am not relying on any oral or written statements made by the Organization or its agents, whether in a brochure or advertisement or in individual conversations, to agree to participate in the Activities;

d.      To WAIVE any and all claims that I may have now or in the future against the Organization;

e.      To freely ACCEPT AND FULLY ASSUME all such risks and possibility of personal injury, death, property damage, expense and related loss, including loss of income, resulting from my participation in the Activities;

f.        To FOREVER RELEASE the Organization from any and all liability for any and all claims, demands, actions, damages (including direct, indirect, special and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively, the “Claims”) which I have or may have in the future, that might arise out of, result from, or relate to my participation in the Activities, even though such Claims may have been caused by any manner whatsoever, including but not limited to, the negligence, gross negligence, negligent rescue, omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the Organization;

g.      That the Organization is not responsible or liable for any damage to my vehicle, property, or equipment that may occur as a result of the Activities;

h.       That negligence includes failure on the part of the Organization to take reasonable steps to safeguard or protect me from the risks, dangers and hazards associated with the Activities; and

i.        This release, waiver and indemnity is intended to be as broad and inclusive as is permitted by law of the Province of Ontario and if any portion thereof is held invalid, the balance shall, notwithstanding, continue in full legal force and effect.

7.      Jurisdiction

I agree that in the event that I file a lawsuit against the Organization, I will do so solely in the Province of Ontario and further agree that the substantive law of the Province of Ontario will apply without regard to conflict of law rules

8.      Acknowledgement

I acknowledge that I have read and understand this agreement, that I have executed this agreement voluntarily, and that this agreement is to be binding upon myself, my heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. I further acknowledge by signing this agreement I have waived my right to maintain a lawsuit against the Organization on the basis of any claims from which I have released herein

First Participant's Name

First Name*

Middle Name

Last Name*

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle 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*

Middle 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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