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

 For Participation At:

McClintock's Water Ski School & Pro Shop Inc.

 

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

1. This is a binding legal agreement. By signing, you acknowledge having read and understood this document and had the opportunity to seek legal advice. As a Participant in Water Ski & Wakeboard Canada's activities, programs, and services (collectively the "Activities"), you agree to the following terms: 

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/operators of the facilities at which the Activities take place, and representatives (collectively the “Organization”) are 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, gross negligence, or recklessness of the Organization, whether sole or concurrent. 

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

I Agree

Description and Acknowledgement of Risks

3. The Participant understands and acknowledges 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 misjudge weather or environmental conditions, may give incomplete warnings or instructions, and the equipment being used might malfunction.

4. The Participant is participating voluntarily in the Activities. In consideration of that participation, the Participant hereby acknowledges that they are 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, 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 own ability or designated areas;

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

q) Travel to and from competitive events and associated non-competitive events which are an integral part of the Activities;

r) Negligence on the part of the Organization, including failure by the Organization to take reasonable steps to safeguard or protect the Participant from the risks, dangers and hazards associated with the Participant’s participation in the Activities; and

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

I 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 Participant agrees:

a) That the Participant must wear appropriate personal flotation devices (PFD) and impact protection equipment that meets Transport Canada requirements when participating in water activities;

b) That when the Participant practices or trains outside of Organization-supervised activities, the Participant assumes full responsibility for their surroundings, location selection, equipment choices, and any resulting consequences;

c) That the Participant’s mental and physical condition is appropriate to participate in the Activities and the Participant assumes 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 any unusual significant hazard or risk, the Participant will immediately cease participation, remove themselves from the area, and promptly report their observations to a representative of the Organization;

h) The risks associated with the Activities are increased when the Participant is impaired and the Participant agrees not to participate if impaired in any way by alcohol, drugs, medications, or other substances that could affect judgment or performance;

i) That it is their sole responsibility to assess whether any Activities are too difficult for themselves. By commencing an Activity, the Participant acknowledges and accepts the suitability and conditions of the Activity, and assumes all risks associated with their decision to participate; 

j) That the Participant is 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, insurance, or legal representation of any nature in the event of injury, illness, death, property damage, or any claims arising from participation in the Activities. The Participant expressly waives any right to seek such assistance from the Organization.

Release of Liability and Disclaimer

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

a) That the sole responsibility for the Participant’s safety remains with the Participant;

b) To ASSUME all risks arising out of, associated with or related to the Participant’s participation;

c) That the Participant is 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 claimsthatthe Participant 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 the Participant’s 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 the Participant has or may have in the future, that might arise out of, result from, or relate to the Participant’s 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 the Participant’s 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 the Participant 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 Alberta, and shall be interpreted to provide the maximum protection allowed by law to the Organization and if any portion thereof is held invalid, the balance shall continue in full legal force and effect.

Jurisdiction

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

Personal Information

8. The Participant acknowledges that the Participant’s personal information (name, age, email address and address) may be given to the associated Provincial/Territorial association and to Water Ski & Wakeboard Canada for use in their secure database for the sole purpose of keeping track of registration at the Provincial/Territorial and National levels. This information will not be given to any other organization except as required by law or with the express written consent of the Participant.

9. The Participant consents to the use of photographs, videos, recordings (including both commercial and non-commercial uses) taken during Activities and the disclosure of event results on websites, social media, promotional materials, and newsletters, and acknowledges that such consent may be withdrawn in writing at any time, provided that such withdrawal will not affect any uses or disclosures made prior to receipt of the withdrawal.

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

I Agree

Acknowledgement

10. The Participant acknowledges that they have read and understand this agreement, that they have executed this agreement voluntarily and without any undue influence, coercion, or duress, and that this agreement is to be binding upon themselves, their heirs, spouse, children, parents, guardians, next of kin, executors, administrators and legal or personal representatives. The Participant further acknowledges by signing this agreement that they have waived its right to maintain a lawsuit against the Organization on the basis of any claims from which they have released herein.

First Participant's Name
First Name*
Last Name*
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First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
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Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
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Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
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Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
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Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
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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*
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Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
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Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
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Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Check to receive information, news, and discounts by e-mail.
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*
Phone*
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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