Waiver of Liability

BC Marine Trails Network Association

Volunteer Participation Agreement and Waiver of Liability

PLEASE READ CAREFULLY. By signing this document (in print or electronically), you acknowledge that you have read and understood this Volunteer Participation Agreement and Waiver of Liability (“Agreement”). 
The BC Marine Trails Network Association (“BC Marine Trails”) relies on the dedicated hard work of volunteers like you to accomplish our mission, which is to work with First Nations and stakeholders to build, protect, and promote a public network of marine trails allowing safe recreational navigation of the BC coastline with minimal impact on the environment. We appreciate your contributions. 
Occasionally, BC Marine Trails invites volunteers to join a group and engage in physical outdoor tasks aimed at improving the conditions of coastal sites. Working in a remote environment with limited access to immediate medical care, it is essential that you put your health and safety first. More often, volunteers sign up as Coastal Caretakers and plan their own trips to marine camping and day use sites throughout the BC coast. Please plan your trip carefully, follow all health and safety guidelines, and model the BC Marine Trails Code of Conduct. 
Volunteers with BC Marine Trails will be engaged in a variety of volunteer activities, which are undertaken with a BC Marine Trails group or independently as a Coastal Caretaker (the “Activities”). The Activities may include, but are not limited to, paddling in a kayak or other watercraft and building and maintaining BC Marine Trails campsites and day use sites. For clarity, this Agreement applies to any and all Activities undertaken at any time. 
To help ensure that you have a good volunteer experience, and that we all stay safe together, all volunteers must follow the rules set out in this Agreement when participating in any BC Marine Trails Activities. Although we value highly your contribution to our organization, and although we care greatly about your health and safety, by signing this Agreement you understand that you assume the legal risk of what you do when you participate in any BC Marine Trails Activities, and that you agree to waive your right to bring legal action against BC Marine Trails.

Part A – Health and Safety Rules for BC Marine Trails Activities

  1. Before you participate in any BC Marine Trails Activities, whether in a group or as a Coastal Caretaker: 
    1. You must CAREFULLY REVIEW the attached Activity Briefing which outlines additional, but not all, potential volunteer Activities, and ensure that you understand the Activities and the potential risks associated with the Activities. Please ask us if you have any questions about what we will be doing. You must review the Activity Briefing before signing this Agreement. 
    2. You must sign this Agreement. 
  2. Before you participate in a BC Marine Trails Activity, you must complete and submit a Medical Information Form. If you are a Coastal Caretaker participating solely on personal trips, you are not required to submit a Medical Information Form to BC Marine Trails.
  3. When you participate in work Activities for BC Marine Trails:
    1. You must only do what you feel safe, comfortable, and capable of doing.
    2. You must wear safety glasses and take other reasonable safety precautions.
    3. You must wear gloves, long sleeves, long pants, and sturdy shoes.
    4. You must stay within the designated work area, and not undertake work on your own or outside of the designated work area.
    5. You must not use a power tool unless you demonstrate competency with the tool you intend to use and BC Marine Trails gives you permission to use it.
    6. If you are to operate a chainsaw, you must hold proof of a BC Forest Safety Council Basic Chainsaw Operator Training course or equivalent qualification and provide such proof to BC Marine Trails before you operate the chainsaw.
    7. If you are performing tree falling, you must have a faller ticket that demonstrates proof of competence to the BC Faller Training standard. Before performing tree falling, you must provide BC Marine Trails with a copy of your faller ticket, and you must review the Province's Hand Falling Activities Guidelines. BC Marine Trails will provide you with a copy of the Hand Falling Activities Guidelines available at your request. You must adhere to the Hand Falling Activities Guidelines when you perform tree falling.
    8. You may only select trees for falling if you hold a valid Wildlife Danger Tree Assessor Certificate and have provided a copy of your Certificate to BC Marine Trails.
  4. If you have a safety concern, including with something someone else is doing, you must bring it to our attention right away.
  5. If you are not feeling well, or if you hurt yourself, you must stop working and bring it to our attention right away.
  6. When you participate in an event that includes paddling, you must only participate if you are fully prepared and have completed a float plan and a pre-paddle safety briefing.
  7. When you participate in Activities on your own, or with a group of others, without any direct involvement from BC Marine Trails, such as in the Coastal Caretakers program, you must also:
    1. Begin or continue the paddle only if it is safe and you are fully prepared to paddle.
    2. Follow the linked BC Marine Trails Code of Conduct. 
    3. Review the linked BC Marine Trails First Nations Guidelines. 
    4. Understand that this Agreement and all terms contained within this Agreement apply.

Part B – Assumption of Risk, Release of Liability, Waiver of Claims, and Indemnity Agreement

  1. I desire to volunteer with BC Marine Trails and engage in its related volunteer Activities. I am aware and understand that the Activities may be inherently dangerous and may expose me to a variety of foreseen and unforeseen hazards and risks. I acknowledge that I am voluntarily participating in the Activities and have considered these risks. I agree to assume any and all risks, dangers, and hazards involved with the Activities, including any and all risk of injury, illness, harm, death, property damage or loss that I may incur as a result of my participation in the Activities, whether caused by the negligence of BC Marine Trails or otherwise.
  1. I hereby fully and forever waive, release, and discharge BC Marine Trails from any and all liability, claims, demands, actions, or causes of action of whatever kind or nature, either in law or in equity, which arise or may hereafter arise from my participation in the Activities. This means that I will not make or bring any claim against BC Marine Trails for any injury, illness, death, property damage, or other loss or damage that I may suffer, whether caused by the negligence of BC Marine Trails or otherwise, and I forever release and hold BC Marine Trails harmless from any such claim or liability. 
  2. I UNDERSTAND THAT THIS RELEASE DISCHARGES BC MARINE TRAILS FROM ANY LIABILITY OR CLAIM THAT I MAY HAVE AGAINST BC MARINE TRAILS WITH RESPECT TO ANY BODILY INJURY, PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, OR PROPERTY LOSS THAT MAY RESULT FROM THE ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF BC MARINE TRAILS OR OTHERWISE. 
  3. I agree to hold harmless and indemnify BC Marine Trails for any liability, losses, personal injury, damages, judgements, property damage, or expenses, including legal fees, that it may incur or sustain as a result of my negligence, recklessness, or wilful misconduct in connection with my participation in any BC Marine Trails Activities, arising out of any third-party claim. 
  4. I understand that this is a legally binding contract between myself and BC Marine Trails. I understand that I am waiving (ie, giving up) certain legal rights by signing this Agreement. I understand that, if I have questions about this Agreement, I should consult a lawyer before signing it. 
  5. I agree that the term “BC Marine Trails” includes its directors, officers, employees, agents, representatives, volunteers, and any others authorized to act on its behalf or in any way associated with BC Marine Trails. 
  6. I agree that the following statements apply to me:
    1. I am at least 19 years old, or my parent or legal guardian will sign this Agreement on my behalf,
    2. I am mentally capable and physically able to participate in the Activities, and 
    3. I am not relying on any other statements about the safety of participating in BC Marine Trails Activities, except what is in this Agreement. 
Medical Treatment 
  1. I hereby give consent and authority to BC Marine Trails to obtain medical treatment on my behalf if I am injured or require medical attention during my participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment, medical transportation, and/or evacuation. I hereby release, forever discharge and hold harmless BC Marine Trails from any claim whatsoever in connection with such treatment or other medical services. 
Acknowledgment and Signature 
BY SIGNING THIS AGREEMENT AND WAIVER, I ACKNOWLEDGE THAT: 
  1. I have read and understood all of the terms of this Volunteer Participation Agreement and Waiver of Liability; 
  2. I agree to participate in all BC Marine Trails Activities, whether alone or with others, according to the terms and conditions set forth in this Agreement; 
  3. I am signing this Agreement freely and voluntarily, without any inducement or duress; and 
  4. I understand that by signing this Agreement, I am voluntarily giving up certain of my legal rights, including my right to sue BC Marine Trails for injuries or damages resulting from my volunteer activities. 
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND WAIVER AND THAT I AM VOLUNTARILY GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE BC MARINE TRAILS. 
Clear Signature

For Parent or Guardian of Volunteer if Under 19

Clear Signature

Witness

Clear Signature

BC Marine Trails Activity Briefing

I. Paddling 
Paddling in a kayak or other watercraft is inherently risky. These risks are enhanced in the marine environment and in cold-water environments, where BC Marine Trails members and volunteers paddle. Paddle trips with BC Marine Trails may involve paddling in Level 3 water over multiple days. The risks of paddling include, but are not limited to: 
Death or injury caused by exhaustion, hypothermia, or drowning from capsizing; being taken off-course by surf, waves, wind, or current; navigating around headlands, rocks, kelp beds, and shallow reefs; becoming lost; becoming separated from the group; inclement weather; injuries from carrying kayaks or other watercraft; collisions with other watercraft or vessels, rocks, or other objects; large waves, sharp rocks, and slippery surfaces during landings and launches; and wildlife encounters.
II. BC Marine Trails On-Shore Activities 
When building and maintaining BC Marine Trails campsites and day use sites, the things you may be asked to do include the following tasks or activities. All of these activities include some risk. 
  • Traveling to and from the event (vehicle travel, loading/unloading personal gear) 
  • Transport to a work site by kayak and/or motorized vessel (including travel in active marine channels) 
  • Launching and landing from beaches or rocky shorelines (including wet exits, surf landings, and slippery intertidal footing) 
  • On-water travel by kayak (where applicable), including exposure to wind, chop, cold water, and rapidly changing weather 
  • Assisted rescues and emergency response actions on the water (self-rescue, buddy rescue, towing, swimming) 
  • Working around boats during drop-off and pick-up (approach, loading/unloading, moving gear near propellers, lines, and surf zones) 
  • Walking beaches and shoreline (sand, cobble, driftwood, slippery rock, uneven surfaces), including when transporting marine debris or tarploads of plants 
  • Moving through intertidal zones (uneven terrain, slippery algae-covered rock, tide timing constraints), including when transporting marine debris or tarploads of plants 
  • Short hikes on lightly maintained or unmaintained island trails (roots, mud, steep slopes, bluffs, and trip hazards), including when transporting marine debris or tarploads of plants 
  • Travel through forested areas and dense vegetation (reduced visibility, uneven ground, minor off-trail travel), including when transporting marine debris or tarploads of invasive plants 
  • Invasive species removal and ecological restoration activities, including:
    • Pulling, cutting, and removing English ivy (including climbing vines)
    • Pulling, cutting, and removing Himalayan blackberry (including thorned canes and root balls)
    • Pulling, cutting, and removing any other invasive species that may be identified during the cleanup, or non-invasive species that may be accidentally removed as a result
    • Digging and prying roots from soil (including repetitive strain and overexertion risk)
    • Clearing vegetation to establish/maintain trails and work areas
    • Flagging or marking trails/work zones
  • Use of hand tools (as provided/approved), including:
    • Loppers, pruners, hand saws, shears, shovels, spades, mattocks, pry bars, rakes and all other basic restoration tools
    • Carrying and working with tools in close proximity to other volunteers
  • Lifting, carrying, dragging, and staging invasive plant material and debris (including heavy tarp loads) 
  • Working in teams to move awkward or heavy loads over uneven ground
  • Handling thorned vegetation, sharp sticks, and hidden hazards in brush piles
  • Working around sharp or irritating plants (puncture and allergic reaction risk)
  • Burning of invasive plant material, including:
    • Building, feeding, and tending burn piles or burn areas
    • Working around open flame, embers, heat, and hot ash
    • Smoke exposure and reduced visibility near burn areas
    • Fire management tasks (shoveling, raking, water bucket use, monitoring, and extinguishing)
    • Increased fire risk during dry or windy conditions, including potential event modifications or early shutdowns
  • Backcountry operations, including:
    • Setting up and packing down group staging areas and/or camp systems o Food preparation and camp kitchen tasks (stoves, fuel handling, hot liquids)
    • Limited access to running water and washrooms, including personal hygiene and sanitation facilities
  • Exposure to weather (rain, wind, cold, heat, sun) 
  • Prolonged physical exertion 
  • Risk of slips, trips, falls, strains, blisters, cuts, punctures, and minor burns 
  • Potential encounters with wildlife (including birds, marine mammals, rodents, stinging insects, cougars, and bears) 
III. BC Marine Trails Coastal Caretakers Activities 
Coastal Caretakers activities are done by volunteer participants alone or in groups generally without any BC Marine Trails presence. The tasks and risks above apply, in addition to the following: 
  • Travel through forested areas and dense vegetation (limited visibility, uneven ground, minor off-trail movement), sometimes while transporting debris or tools 
  • Identifying and navigating around natural hazards (unstable trees, hanging branches, angled trees, slippery logs, eroding banks, cliffs/bluffs) 
  • Observing and inspecting environmental conditions and human impacts (marine debris, fire rings, temporary structures, human waste, site alteration) including potential injuries from dismantling fire rings, or dealing with any of the listed issues. 
  • Inspecting and moving around existing site-user structures (picnic tables, tent pads/platforms, outhouses, shelters, signage) 
  • Noting damage, instability, or unsafe conditions associated with structures and surrounding terrain 
  • Interacting with other recreationists at sites (friendly conversations, sharing low-impact practices, modeling the BCMT Code of Conduct), including the possibility of negative or uncomfortable interactions with other visitors 
  • Dismantling or rearranging small site alterations (breaking down unauthorized driftwood structures, discouraging new site modification) 
  • Dismantling fire rings, scattering cold ashes, and spreading rocks (smoke/ash exposure, contact with sharp rocks, residual heat risk) 
  • Working around campfire areas where hot embers or buried heat may still be present (burn risk) 
  • Collecting and staging marine debris above the high tide line, or packing debris out when safe and feasible 
  • Handling unknown or hazardous debris (sharp plastic, broken glass, metal, fishing gear/line, hooks, ropes, contaminated items) 
  • Potential contact with human waste and contaminated materials while assessing impacts (biohazard exposure risk) 
  • Lifting, carrying, dragging, and staging awkward or heavy debris items (strain and overexertion risk) 
  • Using hand tools for light caretaking tasks (where safe and appropriate), including small saws, loppers, pruners, shears 
  • Removing small branches, brush, and minor windfall to define public use areas and trails without digging or soil disturbance