Waiver of Liability
Please read the waiver below CAREFULLY and then fill out the form at the bottom of the page to finish the waiver, electronically. This is the participant agreement between B.C. Marine Trails Network Association and the participant as related to all events.
NOTE: IF YOU ARE UNDER 19 YEARS OF AGE PLEASE GO TO THIS OTHER AGREEMENT FORM. IT REQUIRES YOUR PARENT’S OR GUARDIAN’S ELECTRONIC SIGNATURE.
THIS WAIVER IS ONLY FOR OUTDOOR EVENTS UNLESS OTHERWISE REQUESTED. GENERALLY, AN ORGANIZER WILL ASK YOU TO FILL OUT A WAIVER.
READ THIS DOCUMENT CAREFULLY BEFORE ELECTRONICALLY SIGNING!
BY SIGNING THIS RELEASE AGREEMENT, YOU WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION AS THE RESULT OF AN ACCIDENT AND/OR INJURY.
BY SIGNING THIS RELEASE AGREEMENT, YOU AGREE TO INDEMNIFY THE BC MARINE TRAILS NETWORK ASSOCIATION, its directors, officers, employees, instructors, guides, agents, representatives, contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter referred to as “the Releasees”).
THIS DOCUMENT MAY BE USED AGAINST YOU IN A COURT OF LAW.
YOU MAY NOT PARTICIPATE UNTIL YOU HAVE SIGNED AND SUBMITTED THIS RELEASE.
1. In this Release Agreement, ACTIVITIES UNDERTAKEN BY THE BC MARINE TRAIL NETWORK SOCIETY includes all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and includes, but is not limited to: rental and/or use of kayaks, canoes, dinghies, stand up paddleboards and other watercraft of all shapes and sizes (the “Watercraft”) and other equipment, orientation and instructional courses, seminars and sessions, site clearing and preparation work, shoreline cleanup, food preparation, storage and distribution, transport of people, goods, equipment and debris, indoor and outdoor meetings, site clean-up events, social events, and all associated travel, transport and accommodation (the “Activities”).
ASSUMPTION OF RISKS
2. I am aware that the Activities involve many risks, dangers and hazards including, but not limited to: accidents that occur while traveling to and from the put in, slips and falls while getting into or out of the Watercraft, overturning of the Watercraft, loss of balance resulting in injury, physical impact from Watercraft or other equipment, physical impact from other participants in the Activities, physical impact from rocks, wildlife, trees, or other environmental hazards, cold water immersion, repetitive strain injuries, dislocated shoulders and other joints, hypothermia, changing and inclement weather conditions including storms, high wind, high waves, and lightning, encounters with domestic or wild animals, severe social and economic losses which might result from my own actions, inactions or negligence, the actions, inactions or negligence of others, or THE ACTIONS, INACTIONS OR NEGLIGENCE ON THE PART THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS KNOWN, NOT KNOWN, OR NOT REASONABLY FORESEEABLE AS AT THE DATE HEREOF, THAT MAY OCCUR WHILE PARTICIPATING IN THE ACTIVITIES.
3. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
4. In consideration of the RELEASEES consenting to my participation in the Activities and permitting my use of their services, Watercraft, equipment, and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
- TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or physical injury, including death, 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, 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 HAZARDS OF PARTICIPATING IN THE ACTIVITIES REFERRED TO ABOVE;
- TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and all liability for any property damage, loss or personal injury to any third party resulting from my actions or participation in the Activities;
- 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;
- 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 British Columbia; and
- Any litigation involving the parties to this Release Agreement shall be brought solely within British Columbia and shall be within the exclusive jurisdiction of the Courts of British Columbia.
5. In entering into this Release Agreement I am not relying on any oral or written representations or statements made by, or on behalf of, the Releasees with respect to the safety of participating in the Activities, other than what is set forth in this Release Agreement.
6. If any provision of this Release shall be held by a court of competent jurisdiction to be invalid, unenforceable or void, the remainder of this Release Agreement shall remain in full force and effect.
7. I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT. I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
8. I FURTHER ACKNOWLEDGE THAT I AM AT LEAST NINETEEN (19) YEARS OF AGE, MENTALLY COMPETENT AND NOT UNDER ANY FORM OF DURESS OR UNDUE INFLUENCE AT THE TIME OF EXECUTION OF THIS RELEASE AGREEMENT. IF YOU ARE UNDER 19 YEARS OLD WHEN COMPLETING THIS FORM, THE PARTICIPANT MUST GET THE SIGNATURE OF HIS/HER PARENT OR LEGAL GUARDIAN. (PLEASE NOTE: THERE IS A DIFFERENT FORM FOR A PERSON UNDER 19 YEARS OF AGE – SEE LINK AT TOP OF THIS PAGE)