RELEASE OF LIABILITY, WAIVER OF CLAIMS,
ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT
(hereinafter referred to as the "Release Agreement")
BY SIGNING THIS DOCUMENT YOU WILL WAIVE OR GIVE UP CERTAIN LEGAL
RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING
AN ACCIDENT
PLEASE READ CARFULLY! |
| Name |
Last |
First |
Middle Initial |
| Address |
Street |
| City |
Prov./State |
Postal/Zip Code |
TO: Riverside
Adventures Ltd, Her Majesty the Queen in the Right of the Province
of British Columbia and its directors, officers, employees, instructors, guides, agents,
representatives, independent contractors, subcontractors, suppliers,
sponsors, successors and assigns (all of whom are hereinafter referred
to as "the Releasees")
DEFINITION
In this Release Agreement the term "River Rafting" shall include
all activities in any way related to the river rafting trip, including,
but not limited to, orientation and instruction sessions, transportation
or travel to and from the river, loading and unloading of vehicles
and rafts, and all activities while on the river.
ACKNOWLEDGEMENT - RIVER RAFTING SAFETY
I acknowledge that I have been advised to wear a helmet and lifejacket
while river rafting. Instruction as to the proper use of the helmet
and lifejacket is available from the guides. I am aware that the
physical exertion required of river rafting and the forces exerted
on the body can activate or aggravate pre-existing physical injuries,
conditions, symptoms or congenital defects. I have been advised to
seek medical advice if I know or suspect that my physical condition
may be incompatible with river rafting.
ASSUMPTION OF RISKS
I am aware that River Rafting involves many risks, dangers and hazards
including, but not limited to: accidents which occur during transportation
or travel to and from the river; overturning of rafts; falling from
the raft while on the river; impact or collision with rocks, trees,
logs, deadfall, power boats, rafts, raft equipment or other vessels;
encounters with domestic or wild animals; negligence of other rafters
and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE
FAILURE BY THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS,
DANGERS AND HAZARDS OF RIVER RAFTING.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH RIVER
RAFTING 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
In consideration of the RELEASEES agreeing to my participation in River
Rafting and permitting my use of their services, 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 injury, including
death, that I may suffer or that my next of kin may suffer, as
a result of my participation in River Rafting, 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 RIVER RAFTING REFERRED TO ABOVE;
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- 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 participation in River Rafting;
- This Release Agreement shall by 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
where the River Rafting takes place and no other jurisdiction; and
- Any litigation involving the parties to this Release Agreement
shall be brought solely within the province where the River Rafting
takes place and shall be within the exclusive jurisdiction of the
Courts of that province.
In entering into this Release Agreement I am not relying on any oral
or written representations, statements made by the REleasees with respect
to the safety of participating in River Rafting ,other than what is
set forth in this Release Agreement.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR
TO SIGNING IT, 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, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST
THE RELEASEES.
Signed this _____ day of _____________________, 20___.
| Signature of Witness |
| Please print name clearly |
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| Signature of Participant |
| Please print name clearly |
____________________________________________________
Signature of Guardian if Participant
is under age of majority |
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