PLEASE READ CAREFULLY AND IN DETAIL!
DEFINITION
In this agreement, the term “Kayaking/Paddleboarding/Seadooing/Canoeing Activities” includes all activities, events, services, and use of equipment and facilities provided, arranged, organized, conducted, sponsored, or authorized by the Releases, including, but not limited to: kayaking; paddleboarding; seadooing; Canoeing; orientation and instructional sessions; and all other such activities, events, or services in any way connected with or related to kayaking/paddleboarding/seadoing/canoeing.
BY DIGITALLY SIGNING THIS DOCUMENT/WAIVER, YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF THE OCCUPIER’S LIABILITY ACT OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
TO:
Aqua Adventures and its directors, officers, employees, instructors, guides, agents, representatives, volunteers, sponsors, independent contractors, subcontractors, successors, and assigns (all of whom are hereinafter collectively referred to as “The Release”).
THE RELEASE:
I, the undersigned, acknowledge and expressly agree to release, waive and discharge Aqua Adventures/Owners/Employees/Agents/All other organizations and companies associated with any of the rental equipment offered by Aqua Adventures/as well as the Township of Severn/ as well as the City of Orillia (the "Indemnitees") from any and all claims or damage costs including active or passive negligence arriving out of any act, omission, or condition in any way relating to participation in any event/activity occurring from the activities in which I purchase/engage in with Aqua Adventures.
I declare that I am currently in good health and have not been diagnosed with a medical condition and/or a mental condition and/or heart condition that would inhibit/disqualify me from safely engaging in the event/activity purchased and/or participated in. I understand that medical services or facilities may not be readily available during the event/activity named below. In the event of an emergency, I hereby authorize consent and give my permission to Aqua Adventures to obtain medical treatment for me at the nearest hospital, medical facility, or with a doctor, at my sole expense. I further authorize Aqua Adventures personnel to treat any injury or illness as they think best for my welfare.
In consideration of the RELEASE allowing me to participate in kayaking/paddleboarding/seadoing/canoeing activities and permitting my use of their services, equipment, and facilities, and for other good and valuable consideration, I hereby agree as follows:
1. 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 injury including death that I may suffer or that my next of kin may suffer as a result of my participation in kayaking/paddleboarding/seadoing/canoeing 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, ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS, AND HAZARDS OF PARTICIPATING IN KAYAKING/PADDLEBOARDING ACTIVITIES;
2. TO HOLD HARMLESS AND INDEMNIFY the RELEASEES from any and all liability for any property damage or personal injury to any third party, resulting from my participation in kayaking/paddleboarding/seadoing/canoeing 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 Province of Ontario, Canada and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the laws of Province of Ontario, Canada, and shall be within the exclusive jurisdiction of the Courts of the Province of Ontario, Canada.
PHOTO/VIDEO RELEASE - I hereby grant permission to the Releases to take photographic or video representations of me during my participation in kayaking/paddleboarding/seadoing/canoeing activities and to publish the photographs and video for advertising, promotional, and marketing purposes.
In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in kayaking/paddleboarding/seadoing/canoeing activities, other than what is set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ THIS RELEASE AGREEMENT AND 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, AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
ASSUMPTION OF RISKS
I am aware that I am using the provided equipment (including but not limited to Kayaks, Tandems, Canoe, Padddleboards, Seadoos, Tubes etc.) at my own risk. I am aware that participating in kayaking/paddleboarding/seadoing/canoeing Activities involves many risks, dangers, and hazards including the risk of head injuries, paralysis, drowning and death etc.. The risks, dangers, and hazards also include but are not limited to: travel on, through, or beside rivers, lakes, and other bodies of water; changing weather conditions; equipment failure; and NEGLIGENCE ON THE PART OF THE RELEASEES. I UNDERSTAND THAT NEGLIGENCE INCLUDES FAILURE ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FROM OR WARN ME OF THE RISKS, DANGERS, AND HAZARDS OF PARTICIPATING IN KAYAKING/PADDLEBOARDING ACTIVITIES.
Communication on the water is difficult, and in the event of an accident, rescue and medical treatment may not be readily available. I am aware that I am performing kayaking/paddleboarding/seadoing/canoeing activities at my own risk.
There are numerous inherent risks in and associated with participating in water sporting activities. By signing this release, I recognize that risk of injury, serious bodily harm, and/or death cannot always be prevented or avoided even by the exercise of reasonable care.
The following list exemplifies many of the potential risks, but not limited to, that may occur in connection to my participation and factors that may increase these risks.
1. Changing water flow, currents, temperature, wave action, inclement weather, lightning, variances and extremes of wind and weather
2. Collisions with other participants, collision with watercrafts, whether owned or operated by Aqua Adventures, collisions with man-made and/or natural objects, capsizing, sinking, falling, slipping or other hazards
3. Negligent actions/omissions of other participants; malfunction or improper use of equipment
4. My own actions and/or omissions, my level of competency as to the activity, and/or my own physical and/or mental conditions
5. My ability to operate equipment as well as my swimming abilities
6. The presence of insects, wild animals, as well as dangerous plant life
7. Fatigue, chill, shock and/or dizziness all of which may affect my reaction time and competence in the activity
I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH KAYAKING/PADDLEBOARDING/SEADOING/CANOEING 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.
In addition, the undersigned agrees to the following:
1. I will obey all laws, rules, and regulations regarding Severn Parks/Lakes and/or Orillia Parks/Lakes
2. I will never drink alcohol or take any substance that might alter my mental and/or physical state during kayaking/paddleboarding/seadoing/canoeing
3. I will wear a Personal Floatation Device at all times while performing kayaking/paddleboarding/seadoing/canoeing
4. I will avoid paddling into designated swimming areas and be cautious of swimmers and other boats
5. I am responsible for all personal belongings and valuables and understand that Aqua Adventures is not responsible for replacing lost, misplaced, stolen, or damaged belongings and valuables
6. I will NOT paddle out into the open wavy waters of lake
7. I have my own PCOC (Pleasure Craft Operator Card) for the use of a seadoo
